Chapter 300Land Use

The Maine Department of Environmental Protection (MDEP) shall be notified by the City Clerk of amendments to this chapter affecting shoreland areas at least 30 days after a City Council decision. No amendments to this chapter affecting shoreland areas shall be effective until approved by the MDEP. If the MDEP fails to act on any such amendment within 45 days of the MDEP's receipt of the amendment, the amendment is automatically approved. Any application for a permit affected by shoreland regulations submitted to the City of Augusta within the forty-five-day period shall be governed by the terms of the amendment, if such amendment is approved by the MDEP.

Planning Board shall hold public hearing on amendments. Every proposed amendment or change, however initiated, shall be reviewed by the Planning Board for recommendation to City Council. Before making its report to the City Council on any proposed amendment to this chapter, including request for parcel reclassification, the Planning Board shall hold at least one public hearing on the proposed amendment, public notice of which shall be accomplished as outlined in Subsection B(1) of this section.

Parcel reclassification (rezoning). Except for rezonings initiated by the City Council or Planning Board, no application for rezoning shall be processed without the applicant first showing evidence of standing as defined in § 300-601D(3)(e), Right, title or interest. For any parcel reclassification, or text amendment, the City, at the applicant's expense, shall give notice of a public hearing on the application, in the form and manner and to the persons herein specified.

Text amendments. Text amendments shall be consistent with the 2023 Comprehensive Plan and any plans or policies subsequently adopted by the City. The applicable notification requests of Subsection B(1)(a) and (b) of this section shall be followed.

Area rezoning. Based upon significant public purpose, the rezoning process for an area within Augusta may be initiated by the City Council or Planning Board. The Planning Board shall conduct a zoning study on the matter and prepare recommendations on its findings in accordance with applicable parts of Subsection B(1) of this section.

No amendment to this chapter or any change in any of its provisions shall be adopted except by a majority vote of all the members of the City Council.

The City Council may adopt, reject or modify the recommendation of the Board. However, when a rejection or modification of the Board's recommendation is to be based on substantive or substantial new information not previously present to the Board, the City Council shall table and remand the matter to the Board for further consideration and recommendation. In making such remand, the Council may attach such recommendations, instructions or directions as it deems appropriate for the Board's consideration.

Creates more than 25,000 square feet of new floor space in the CD or IA Zones; or

Creates more than 10,000 square feet of new floor area in zones not listed in Subsection A(1) above; or

Disturbs more than 43,560 square feet of land; or

Creates more than 43,560 square feet of new impervious surface; or

New construction that generates more than 100 trips in the peak hour for the proposed use; or

Proposes a new wireless communications facility that will require construction of a new tower; or

Proposes the construction, erection, or placement of a fixed, portable or temporary bituminous mix plant or ready mix concrete plant.

Creates between 5,000 and 25,000 square feet of new floor area in the CD and IA Zones; or

Creates between 1,000 and 10,000 square feet of new floor area in zones not listed in Subsection B(1) above; or

That disturbs between 10,000 and 43,560 square feet of land; or

Creates between 10,000 and 43,560 square feet of new impervious surface; or

New construction that generates between 35 and 99 trips in all zoning districts, except CD and IA, in the peak hour for the proposed use; or

Any change of use where the proposed use requires 25% more on-site parking, as calculated using the parking requirements in this chapter, than the applicant proposes to make available on site; or

Proposes co-location of a wireless communications facility on an existing tower that will require construction of a new equipment shed; or

All uses proposing to construct a drive-through service or vehicle refueling pumps that do not otherwise qualify for major or minor development review.

determined by a physician, or in the case of mental handicap, by a psychiatrist or psychologist, as well as any other health or sensory impairment which requires special education, vocational rehabilitation or related services.

Built, in the case of a building in Zones A1-30, AE, A, A99, AO, AH, B, C, X, or D, to have the top

of the elevated floor elevated above the ground level by means of pilings, columns, posts, piers, or stilts; and

Adequately anchored so as not to impair the structural integrity of the building during a flood of up to one foot above the magnitude of the base flood. In the case of Zones A1-30, AE, A, A99, AO, AH, B, C, X, or D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls less than three feet in height with openings sufficient to facilitate the unimpeded movement of floodwaters.

§ 300-309 providing for modifications to nonconforming uses.

FLOOD or FLOODING —

A general and temporary condition of partial or complete inundation of normally dry land areas from:

The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in Subsection A(1) of this definition.

openings, and the hydrological effect or urbanization of the watershed, that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions.

FRESHWATER WETLANDS —

Freshwater swamps, marshes, bogs and similar areas, other than forested wetlands, which are:

Freshwater wetlands may contain small stream channels or inclusions of land that do not conform to the criteria of this definition.

In particular, floor area generally includes:

However, the gross floor area of a building shall not include:

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary of

the Interior to qualify as a registered historic district;

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

Is conducted by a resident of the property;

Is clearly incidental to and compatible with the residential use of the property and surrounding residential uses;

Does not change the outside appearance of the residential dwelling unit or premises;

Is conducted entirely within the dwelling unit or accessory structure;

Operates with no more than one person other than family members residing in the home; except used classified by this ordinance as a Day Care Home, which may have no more than two persons other than family members residing in the home.

HYDRIC SOIL CRITERION —

All histosols except folists; or

Soils in aquic suborders, aquic subgroups, albolls suborder, salorthids great group, or pell great groups of vertisols that are:

Soils that are ponded for long duration or very long duration during the growing season; or

Soils that are frequently flooded for long duration or very long duration during the growing season.

Source: The National Technical Committee for Hydric Soils (USDA Soil Conservation Service,66 1987).

AUTOMOBILE OR MOTOR VEHICLE WRECKING YARD, JUNKYARD OR GRAVEYARD

— An open outside area occupied by three or more unregistered, unserviceable, discarded or junked automotive vehicles or bodies, engines or their parts, sufficient in bulk to equal three vehicles, and including the commercial salvaging of any other goods, articles or merchandise. "Junkyard" does not include tire storage or operations associated with tire storage such as shredding and processing. (See "waste facility.")

Providing dry-cleaning services;

Providing laundering services, including self-service coin-operated machines for use on the premises;

Providing dropoff and pickup sites for laundries and/or dry cleaners; and

Providing specialty cleaning services for specific types of garments and other textile items (except carpets and upholstery), such as fur, leather, or suede garments; wedding gowns; hats; draperies; and pillows.

§ 300-505, Driveway and access standards. See § 300-507, Flag lot standards. LOT LINES —

LOT MEASUREMENTS —

A full, poured concrete or masonry foundation;

A poured concrete frost wall or a mortared masonry frost wall, with or without a concrete floor;

A reinforced, floating concrete pad for which the City of Augusta may require an engineer's certification if it is to be placed on soil with high frost susceptibility; or

Any foundation which, pursuant to the Building Code for the City of Augusta, is permitted for other types of single-family dwellings.

PIERS, DOCKS, WHARFS, BRIDGES AND OTHER STRUCTURES AND USES EXTENDING OVER OR BEYOND THE NORMAL HIGH-WATER LINE WITHIN A WETLAND —

REGULATORY FLOODWAY —

The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the one-hundred-year flood without cumulatively increasing the water surface elevation

more than one foot in height; and

In Zone A, the channel of a river or other watercourse and the adjacent land areas to a distance of 1/2 the width of the floodplain as measured from the normal high-water mark to the upland limit of the floodplain.

An existing system which is either malfunctioning or being upgraded with no significant change of design flow or use of the structure; or

Any existing overboard wastewater discharge.

by easement, which confers legally granted rights of passage and is occupied or intended to be occupied by a street, crosswalk, railroad, road, utility, or other special use. A right-of-way which is controlled by easement shall be recorded in the Kennebec County Registry of Deeds. Said easement on a private right-of-way shall be required to permanently run with the land.

animal boarding/riding services; motion-picture services; amusement and recreation services such as bowling centers, miniature golf courses, pool rooms, and campgrounds; cultural services such as art galleries and botanical and zoological gardens; and other service uses not specifically classified in the Table of Land Uses in the Base Zoning Districts.67

In the case of electric service:

In the case of telephone service:

Anything temporarily or permanently located, built, constructed or erected for the support, shelter or enclosure of persons, animals, goods or property of any kind, together with anything constructed or erected on or in the ground, exclusive of fences, poles and wiring and other aerial equipment normally associated with service drops, including guy wires and guy anchors, subsurface wastewater disposal systems as defined in M.R.S.A. Title 30-A, § 4201, Subsection 5, geothermal heat exchange wells as defined in M.R.S.A. Title 32, § 4700-E, Subsection 3-C, or wells or water wells as defined in M.R.S.A. Title 32, § 4700-E, Subsection 8, sidewalks and handicap ramps. The term includes structures permanently or temporarily located, such as decks, patios, signs, gas or liquid storage tanks that are principally stored above ground, and satellite dishes.

Any structure having a roof supported by columns or walls.

Buildings separated only by party walls or abutting walls without openings shall be deemed to be separate buildings.

For floodplain purposes, "structure" means a walled and roofed building and includes a gas or liquid storage tank that is principally above ground.

In determining whether a tract or parcel of land is divided into three or more lots, the first dividing of the tract or parcel is considered to create the first two lots and the next dividing of either of these first two lots, by whomever accomplished, is considered to create a third lot, unless both dividings are accomplished by a subdivider who has retained one of the lots for the subdivider's own use as a single-family residence that has been the subdivider's principal residence for a period of at least five years immediately preceding the second division; or the division of the tract or parcel is otherwise exempt under this subchapter.68

The dividing of a tract or parcel of land and the lot or lots so made, which dividing or lots when made are not subject to this subchapter, do not become subject to this subchapter by the subsequent dividing of that tract or parcel of land or any portion of that tract or parcel. The municipal reviewing authority shall consider the existence of the previously created lot or lots in reviewing a proposed subdivision created by a subsequent dividing.

A lot of 40 or more acres must be counted as a lot, except when a municipality has, by ordinance, or the municipal reviewing authority has, by regulation, elected not to count lots of 40 or more acres as lots for the purposes of this subchapter when the parcel of land being divided is located entirely outside any shoreland area as defined in 38 M.R.S.A. § 435 or a municipality's shoreland zoning ordinance.

A division accomplished by devise, condemnation, order of court, gift to a person related to the donor of an interest in property held by the donor for a continuous period of five years prior to the division by gift, or gift to a municipality if that municipality accepts the gift does not create a lot or lots for the purposes of this definition, unless the intent of the transferor is to avoid the objectives of this subchapter. If the real estate exempt under this subsection is transferred within five years to another person not related to the donor of the exempt real estate as provided in this subsection, then the previously exempt division creates a lot or lots for the purposes of this definition. "Person related to the donor" means a spouse, parent, grandparent, brother, sister, child or grandchild related by blood, marriage or adoption. A gift under this subsection cannot be given for consideration that is more than 1/2 the assessed value of the real estate.

A division accomplished by the transfer of any interest in land to the owners of land abutting that land that does not create a separate lot does not create a lot or lots for the purposes of this definition, unless the intent of the transferor is to avoid the objectives of this subchapter. If the real estate exempt under this subsection is transferred within five years to another person without all of the merged land, then the previously exempt division creates a lot or lots for the purposes of this definition.

A division accomplished by the transfer of any interest in land to the owners of land abutting that land

In determining the number of dwelling units in a structure, the provisions of this definition regarding the determination of the number of lots apply, including exemptions from the definition of a "subdivision of land."

This subchapter may not be construed to prevent a municipality from enacting an ordinance under its home rule authority that otherwise regulates land use activities. A municipality may not enact an ordinance that expands the definition of "subdivision" except as provided in this subchapter. A municipality that has a definition of "subdivision" that conflicts with the requirements of this subsection at the time this subsection takes effect shall comply with this subsection no later than January 1, 2021. Such a municipality must file its conflicting definition at the county registry of deeds by June 30, 2020, for the definition to remain valid for the grace period ending January 1, 2021. A filing required under this paragraph must be collected and indexed in a separate book in the registry of deeds for the county in which the municipality is located.

The grant of a bona fide security interest in an entire lot that has been exempted from the definition of "subdivision" under Subsections D and E, or subsequent transfer of that entire lot by the original holder of the security interest or that person's successor in interest, does not create a lot for the purposes of this definition, unless the intent of the transferor is to avoid the objectives of this subchapter.

Division of new or existing structures. Beginning July 1, 2018, a division of a new or existing structure into three or more dwelling units wheter the division is accomplished by sale, lease, development or otherwise shall not be subject to Subdivision Review, however shall be subject to review per § 300-603, Conditional uses (see M.R.S.A. Title 30-A, § 4402, Exceptions).

Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.

of estimated total cost.

§ 414, any surface wastewater disposal system, or any municipal or quasi-municipal sewer or wastewater treatment system. The term shall not include a wastewater disposal system designed to treat wastewater which is in whole or in part hazardous waste as defined in 38 M.R.S.A. Chapter 13, Subchapter 1.

TEMPORARY, HABITABLE TRAILERS BUILT ON A PERMANENT CHASSIS TO BE USED AS PORTABLE CLASSROOMS AND/OR OFFICES AND/OR MEDICAL DIAGNOSTIC UNITS FOR A

containing water-borne deposits or exposed soil, parent material or bedrock, and which is connected hydrologically with other water bodies. "Tributary stream" does not include rills or gullies forming because of accelerated erosion in disturbed soils where the natural vegetation cover has been removed by human activity. This definition does not include the term "stream," as defined elsewhere in this chapter, and only applies to that portion of the tributary stream located within the shoreland zone of the receiving water body or wetland.

From the terms of a floodplain management regulation; or

From any dimensional requirement of this chapter, in accordance with 30-A M.R.S.A. § 4353, Subsection 4.

Establishment of Districts; Basic Requirements

Residential Districts:

Capital-Commerce Districts:

Civic Center District (CD).

Industrial District (IA).

Planned Development District (PD).

Government Services District (GS).

Riggs Brook Village District (RBV).

Medical/Hospital District (MED).

Planned Development 2 (PD2).

Kennebec Locks District (KL).

Westside Professional District (WP).

Rural River District (RR).

Rural Residential District (RRES).

Rural Ponds District (RPDS).

Rural Village District (RV).

Rural River 2 District (RR2).

Shoreland Districts:

Bridge/Highway Corridor Districts.

Highway Overlay Districts: (Reserved).

Capitol View District. (Reserved).

Historic District.

Resource Conservation and Use District. (Reserved).

Affordable Housing Development Density Bonus District.

Except as hereinafter specified, no building, structure or land shall hereafter be used or occupied, and no building, structure, luminaire, fixture, or part thereof shall hereafter be erected, constructed, expanded, moved or altered, and no new lot shall be created, except in conformity with all of the regulations herein specified for the district in which it is located, unless a variance is granted. Any use not specifically listed or otherwise permitted in a district shall be deemed prohibited.

The provisions of this chapter shall apply equally to all uses of land and to all buildings and structures.

A limited exemption to Subsection A(1) above shall be granted to any landowner who was engaged in a legally permitted business land use that was subject to a taking by the State of Maine in conjunction with the construction of the so-called "Third Bridge." Such exemption shall allow said owners to apply for Planning Board approval to replicate, but not expand, said business upon any parcel of land that said owners may currently own, either wholly or in part, and which is contiguous to the property so taken by the state.

A limited exemption to Subsection A(1) above shall be granted to any landowner who is engaged in a legally permitted business land use with lot frontage on Route 104 (West River Road), whose land is located northerly of the proposed intersection of the new "Third Bridge" connector road and Rt. 104 (West River Road). Such exemption shall allow said landowners to apply for Planning Board approval to expand their existing business upon any parcel of land that said owners may currently own, either wholly or in part, if said parcel is either adjacent to or contiguous to their existing property.

The existence of a public easement over a private road to the City of Augusta shall not be considered when determining setbacks, lot size, or whether a lot or use is legally nonconforming under this chapter.

No part of any new structure, planting, etc., shall be allowed to protrude into the air sufficiently to interfere with aviation requirements of the Augusta State Airport as determined by the FAA criteria applicable to the current airport development plans as submitted and approved by the FAA.

In addition, all properties within 500 feet of any portion of the airport runway must submit a copy of an "intent to build" notice submitted to the Augusta State Airport with any application for a permit.

See § 300-514A(1), Noise standards.

Nonconformance

Expansion of a building in nonconforming use. Outside shoreland areas, expansions of buildings in nonconforming use are allowed upon approval by the Planning Board through the conditional use process. Outside shoreland areas, expansion of a nonconforming use for required egress structures such as stairs, ramps and landings (whether enclosed or open air, not exceeding minimum dimensions) are exempt from Planning Board review, require approval by the Bureau of Code Enforcement, and may require review by the Augusta Historic Preservation Commission. In shoreland areas, expansions of buildings in nonconforming use are prohibited, except that nonconforming residential uses may, after obtaining a permit from the Planning Board, be expanded within existing residential structures or within expansions of such structures as allowed in § 300-310B.

Increase in the area of land in nonconforming use. See definition of "area of land in nonconforming use."

Change to another nonconforming use. A nonconforming use shall not be changed to another nonconforming use unless the Planning Board, utilizing the criteria applicable to conditional uses in § 300-603E, finds that the proposed use is equally or more appropriate to the district than the existing nonconforming use, and provided that the proposed use has no greater adverse impact on the subject and adjacent properties and resources, including water-dependent uses as provided for in the appropriate district, than the former use.

A lot, building or structure in or on which a nonconforming use is discontinued for a period exceeding one year, or which is superseded by a conforming use, may not again be devoted to a nonconforming use, except that the Planning Board may, for good cause shown by the applicant, grant up to a one-year extension to that time period.

This provision shall not apply to the resumption of a use of a residential structure, provided that the structure has been used or maintained for residential purposes during the preceding five-year period.

Whenever a use of land or a structure, whether conforming or nonconforming, is converted to a new conforming use, such land or structure shall thereafter conform to the requirements of the district in which it is located, except when existing yards, setbacks and other dimensional requirements are nonconforming.

Whenever a nonconforming use of land, a building or structure is permitted pursuant to

§ 300-308 and such use is changed to any other nonconforming use, the new nonconforming use must comply with all yard and setback requirements, unless a variance is obtained pursuant to the provisions of this chapter.

Outside shoreland areas, any nonconforming structure which is damaged or destroyed by fire or any cause other than the willful act of the owner or his agent may be restored or reconstructed within one year of the date of said damage or destruction, provided that such replacement or reconstruction shall not enlarge the lesser of the gross floor area or volume or change the location or use (except to more conforming) of the prior nonconforming structure. In no case shall a structure be reconstructed or replaced so as to increase its nonconformity.

Outside shoreland areas, any nonconforming structure for which the appropriate maintenance remedy, as determined by the Code Enforcement Officer, is replacement may be replaced, provided that such replacement shall not enlarge the size or change the location or use (except to more conforming) of the prior nonconforming structure.

In shoreland areas, the following shall apply:

Outside shoreland areas, a structure which does not meet the yard or setback requirements specified herein may be expanded, provided that the portion of the structure which does not

meet the required setbacks is not expanded in footprint by 30% or more during the lifetime of the structure without Planning Board approval in accordance with the criteria applicable to conditional uses. The portion of the nonconforming structure which meets the required setbacks may be expanded without limitation, provided that all other applicable standards are met. In no case shall the existing nonconforming setbacks be further reduced, unless a required egress structure such as stairs, ramps and landings (whether enclosed or open air, not exceeding minimum dimensions) are approved by the Bureau of Code Enforcement. Required egress structures are exempt from the 30% footprint expansion calculations but may require review by the Augusta Historic Preservation Commission.

In shoreland areas, all new principal and accessory structures, excluding functionally water-dependent uses, must meet the water body, tributary stream, or wetland setback requirements contained in § 300-528Q, Minimum dimensional requirements in shoreland areas. A nonconforming structure may be added to or expanded after obtaining a permit from the same permitting authority as that for a new structure, if such addition or expansion does not increase the nonconformity of the structure and is in accordance with Subsections B(1)(a) and (b) below.

No structure which is less than the required setback from the normal high-water line of a water body, tributary stream, or upland edge of a wetland shall be expanded toward the water body, tributary stream, or wetland.

The use (whether a permitted use, conditional use or a nonconforming use) of a nonconforming structure may not be changed to another use unless the Planning Board, after receiving a written application, determines that the new use will have no greater adverse impact on the water body, tributary stream, or wetland or on the subject or adjacent properties and resources than the existing use.

In determining that no greater adverse impact will occur, the Planning Board shall require written documentation from the applicant regarding the probable effects on public health and safety, erosion and sedimentation, water quality, fish and wildlife habitat, vegetative cover, visual and actual points of public access to waters, natural beauty, floodplain management, archaeological and historic resources, commercial fishing and maritime activities, and other functionally water-dependent uses.

In shoreland overlay districts, a nonconforming structure may be relocated within the boundaries of the parcel on which the structure is located, provided that the site of relocation conforms to all setback requirements to the greatest practical extent as determined by the Planning Board or its designee, and provided that the applicant demonstrates that the present subsurface sewage disposal system meets the requirements of state law and the State of Maine Subsurface Wastewater Disposal Rules ("rules") or that a new system can be installed in compliance with the law and said rules. In no case shall a structure be relocated in a manner that causes the structure to be more nonconforming.

In determining whether the building relocation meets the setback to the greatest practical extent, the Planning Board or its designee shall consider the size of the lot, the slope of the land, the potential for soil erosion, the location of other structures on the property and on adjacent properties, the location of the septic system and other on-site soils suitable for septic systems, and the type and amount of vegetation to be removed to accomplish the relocation.

When it is necessary to remove vegetation within the water or wetland setback area in order to relocate a structure, the Planning Board shall require replanting of native vegetation to compensate for the destroyed vegetation in accordance with § 300-528S, Revegetation requirements. In addition, the area from which the relocated structure was removed must be replanted with vegetation. Replanting shall be required as follows:

If two or more contiguous lots or parcels are in single or joint ownership of record at the time of or since adoption or amendment of this chapter, if any of these lots do not individually meet the dimensional requirements of this chapter or subsequent amendments, and if one or more of the lots are vacant or contain no principal structure, the lots shall be combined to the extent necessary to meet the minimum dimensional requirements. The lands involved shall be considered to be a single parcel, and no portion of said parcel shall be built upon or sold which does not meet the minimum dimensional requirements of this chapter, nor shall any division of the parcel be made which creates any dimension or area below these minimum dimensional requirements. See Subsection D of this section.

This provision shall not apply to two or more contiguous lots, at least one of which is nonconforming, owned by the same person or persons on June 3, 1991, and recorded in the Registry of Deeds, if the lot is served by a public sewer or can accommodate a subsurface sewage disposal system in conformance with the State of Maine Subsurface Wastewater Disposal Rules and:

If two or more contiguous lots or parcels are in a single or joint ownership of record at the time of adoption of this chapter, if all or part of the lots do not meet the dimensional requirements of this chapter, and if a principal use or structure exists on each lot, the nonconforming lots may be conveyed separately or together, provided that the State Minimum Lot Size Law (12 M.R.S.A. §§ 4807-A through 4807-D) and the State of Maine Subsurface Wastewater Disposal Rules are complied with.

If two or more principal uses or structures existed on a single lot of record on the effective date of this chapter, each may be sold as separate lots, provided that the above-referenced law and rules are complied with. When such lots are divided, each lot thus created must be as conforming as possible to the dimensional requirements of this chapter.

Notwithstanding other provisions of this chapter, lots in a lawfully recorded subdivision approved, existing or recorded prior to September 23, 1971, shall conform with Subsections B and C, or if located in the RPDS District shall be combined so as to meet a minimum lot area of two acres. Such lots in the RPDS District shall not clear in excess of 25% of the total volume of trees four inches or more in diameter, measured at 4 1/2 feet above the ground, and the total area of all structures, parking lots and other nonvegetated surfaces shall not exceed 7,500 square feet. All other dimensional requirements shall be met.

Notwithstanding other provisions of this chapter, lots in a lawfully recorded subdivision approved by the Planning Board between September 23, 1971, and November 9, 1983, which do not meet the lot frontage requirements may be treated as separate lots, provided that the recorded road frontage is at least 75 feet and that all other dimensional requirements applicable under the November 9, 1983, ordinance are met.

Notwithstanding other provisions of this chapter, lots in a lawfully recorded subdivision approved by the Planning Board between November 9, 1983, and the effective date of this chapter which do not meet the minimum lot area, frontage and depth requirements effective under this chapter may be treated as separate lots, provided that all other dimensional requirements (impervious surface limits, buffer widths, density, setback, etc.) are met.

Purpose. The RA District is established as a zoning district in which the principal use of land is for low-density residences which will encourage the development of attractive neighborhood living.

Dimensional requirements. The following shall be considered minimums; where the minimum lot size law, special shoreland standards, or State of Maine Wastewater Disposal Rules impose greater requirements, those additional requirements shall be met:

Purpose. The RB1 and RB2 Districts are zones in which the principal use of land is for medium-density residences. Both are characterized by a mix of single-family and multifamily homes.

Dimensional requirements. The following shall be considered minimums; where the minimum lot size law, special shoreland standards, or State of Maine Wastewater Disposal Rules impose greater requirements, those additional requirements shall be met:

Purposes. The RC District is a zone in which the principal use of land is for high-density residences. It contains large structures, many of which were designed for or have been converted to multifamily dwellings. In addition, this district is somewhat removed from major or local shopping areas and offers neighborhood services within the district.

Dimensional requirements. The following shall be considered minimums; where the minimum lot size law, special shoreland standards, or State of Maine Wastewater Disposal Rules impose greater requirements, those additional requirements shall be met:

Purpose. The RD District encompasses the area on both sides of Mount Vernon Avenue. The area's highly congested mixed-use building pattern, its floodplain and steep slopes, its recreational opportunities and its function as a major gateway make this corridor as environmentally sensitive as it is economically attractive. It connects the Heart of Augusta with the City's growth area. The infrastructure capacity is strained. In recognition of these factors, and based on the policies outlined in the 2023 Comprehensive Plan, the RD District encourages low-intensity mixed-use development supporting residential/recreational activities and the commuting public.

Dimensional requirements and performance standards.

The Institute/Business/Professional, Kennebec Business Districts 1 and 2, Local Business, and Regional Business Zoning Districts fall within the Capital-Commerce District.

Any single-family or multifamily subdivision shall be reviewed according to the applicable subdivision process outlined in Part 4 of this chapter.

Except in the KBD1, minimum side and rear setbacks in all Capital-Commerce Zoning Districts are 10 feet. No setbacks are required in the KBD1.

Front setbacks are listed in § 300-515. Sign setbacks and sign landscaping requirements are outlined in § 300-516.

Any proposed construction exceeding the maximum height shall be reviewed by the Planning Board utilizing the criteria applicable to conditional uses outlined in § 300-603E.

The Capital-Commerce Districts and the Civic Center District impose maximum building heights. The limitation is a growth management technique and an attempt to maintain the image and character of Augusta as viewed from its neighborhoods, travelways and public spaces.

A site capacity analysis is not required for properties within the Capital-Commerce Districts.

Any proposed Multiple-Family Dwelling construction exceeding the maximum Floor Area Ratio (FAR) shall be reviewed and decided by the Planning Board utilizing the criteria applicable to conditional uses outlined in § 300-603E.

Purpose. The BP District is an area for major health and government institutions and related business and professional offices with locations suitable for the growth of each. The following regulations shall also apply to the BP Zone located generally between 200 and 250 Eastern Avenue.

Dimensional requirements for all uses.

Kennebec Business District 1 (KBD1).

Kennebec Business District 2 (KBD2).

Local Business District (CB).

Regional Business District (CC).

Impervious surface ratio: 0.80.

Floor area ratio: 0.45.

Maximum height: 56 feet.

Any proposed Multiple-Family Dwelling construction exceeding the maximum Floor Area Ratio (FAR) shall be reviewed and decided by the Planning Board utilizing the criteria applicable to conditional uses outlined in § 300-603E.

Lot area: 60,000 square feet.

Lot frontage: 150 feet.

Lot depth: 200 feet.

Side yard: 25 feet.*

Rear yard: 25 feet.*

NOTES:

* Setback of all structures from a residential district boundary or residential property boundary shall be at least 75 feet; where buffer yard requirements impose greater requirements, the stricter requirements shall apply. See § 300-502C(4).

Conventional zoning.

Performance zoning.

Setback of principal and accessory uses (including parking lots) from a residential district or property boundary: 25 feet.

See § 300-502, Buffer yards, for additional requirements.

The Riggs Brook Village District (RBV), establishes commercial and residential land uses, land

development requirements, infrastructure requirements, development design standards and open space amenities appropriate to fostering development of a new economic sector in Augusta. Riggs Brook Village will be a geographically and visually unique area wherein people can live, work, shop, converse, and recreate within walking, bicycling and quick commuting distance of one other. Attracting development of a new economic sector is critical to the improvement of the general welfare of current and future residents and businesses of Augusta, and the incorporation of higher design standards and amenities in the RBV District will be required to make Augusta competitive with other Maine cities as a location for knowledge-based businesses, workers and residents.

It has been proven that allowance of a linear pattern of land use development results in a very inefficient use of land, resulting in vacant backlands, excessive infrastructure costs, and added commuting costs, known collectively as "development sprawl." The prevention of development sprawl is identified as the first of 10 goals of the Maine Growth Management Program (see 30-A M.R.S.A. § 4312, Subsection 3). The pattern of land development that will be strongly encouraged in Riggs Brook Village (the Village) in support of this goal shall be that of development parks that will create multiple lots or land uses out of a larger tract/parcel of land.

Internal streets, stormwater, sewer, and water infrastructure will be required to achieve an appropriate density of Village development. The creation of independent, small lots in a linear fashion along Route 3 and Church Hill Road shall be strongly discouraged, and the creation of development parks that efficiently utilize backlands will be strongly encouraged so that the Village can economically support sewer, water and road infrastructure without subsidization from the remainder of the community.

The design and scale of development projects in Riggs Brook Village shall be that of small and medium-sized structures that, along with defined setbacks, buffering, landscaping and sidewalks, encourage pedestrian and bicycle travel and human interaction. Residential land uses are encouraged throughout the Village in several configurations: townhouse/row house; two-family; and single-family. The identification of the Village as a unique and unified area shall be encouraged via the use of signage, lighting, and other streetscape improvements. Village greens should be created along Church Hill Road to provide a common Village focal point for each side of Route 3.

Minimum lot size: 20,000 square feet.

Minimum frontage on new internal roads: 100 feet.

Minimum frontage on Rt. 3, Church Hill Road and South Belfast Avenue: 300 feet.

Minimum depth: 200 feet.

Area per dwelling unit: 20,000 square feet.***

Minimum front setback: 10 feet/80 feet.**

Maximum height: 60 feet.

Notes:

Utilities. All utility services for new building/structure construction shall be placed underground.

Outdoor lighting standards. The purpose of this subsection is to provide outdoor lighting standards to help ensure compatibility with neighboring uses, preserve our dark skies, and provide a more pleasant and comfortable nighttime environment while preserving the ability to install effective security lighting.

Location of parking, servicing, and loading areas for nonresidential uses. All off-street parking lots/areas/stalls, vehicle servicing areas (including gasoline/diesel pumps), and delivery and garage bay doors shall be located at the side or rear of buildings, the only exception being for handicapped parking spaces, which may be located at the front of the building. Buffer yard standards for Urban, Industrial, and Planned Development Districts identified in § 300-502 of this chapter are applicable to all parking lots with six or more spaces.

Screening of machinery, equipment, storage areas, and other appurtenances for nonresidential uses. Open storage areas; exposed machinery, electrical/electronic equipment, heating and/or air-conditioning equipment, fuel tanks, etc. (whether located above the ground on structures or on the ground); areas used for storage and collection of rubbish; and areas determined to be similar to those listed must be visually screened from roads and surrounding land uses. Suitable types of screening for aboveground equipment, storage areas and appurtenances include landscaping (e.g., shrubs, plants, trees, fencing) and/or architectural elements (e.g., false walls, false roofing, masonry, blocks, etc.). Suitable types of screening on the ground include opaque wood fences and dense evergreen hedges of five feet or more in height. Where evergreen hedges are proposed, a temporary fence shall be built to provide screening until the evergreens are of sufficient height to hide the unit(s) being screened.

Building design standards for new structures.

Additions to existing structures. The Planning Board may waive any of the design criteria outlined in this subsection via a conditional use permit process.

Minimum lot size: 20,000 square feet.

Minimum frontage: 150 feet.

Minimum depth: 100 feet.

Area per dwelling unit: 20,000 square feet.***

Minimum front setback: 20 feet/35 feet.**

Notes:

Outdoor lighting standards. The purpose of this subsection is to provide outdoor lighting standards to help ensure compatibility with neighboring uses, preserve our dark skies, and provide a more pleasant and comfortable nighttime environment while preserving the ability to install effective security lighting.

Location of parking, servicing, and loading areas. All off-street parking lots/areas/stalls, vehicle servicing areas (including gasoline/diesel pumps), and delivery and garage bay doors shall be located at the side or rear of buildings, the only exception being for handicapped parking spaces, which may be located at the front of the building. Buffer yard standards for Urban, Industrial, and Planned Development Districts identified in § 300-502 of this chapter are applicable to all

parking lots with six or more spaces.

Screening of machinery, equipment, storage areas, and other appurtenances. Open storage areas; exposed machinery, electrical/electronic equipment, heating and/or air-conditioning equipment, fuel tanks, etc. (whether located above the ground on structures or on the ground); areas used for storage and collection of rubbish; and areas determined to be similar to those listed must be visually screened from roads and surrounding land uses. Suitable types of screening for aboveground equipment, storage areas and appurtenances include landscaping (e.g., shrubs, plants, trees, fencing) and/or architectural elements (e.g., false walls, false roofing, masonry, blocks, etc.). Suitable types of screening on the ground include opaque wood fences and dense evergreen hedges of five feet or more in height. Where evergreen hedges are proposed, a temporary fence shall be built to provide screening until the evergreens are of sufficient height to hide the unit(s) being screened.

Utilities. All utility services for new building/structure construction shall be placed underground; and as may be allowed by law, each lot or parcel of land located within the district will be required either to connect to water and sewer infrastructure as it is made available or to pay a proportionate fee in lieu thereof.

Building design standards. (Reserved)

Minimum lot size: 10,000 square feet with public water and sewer; 20,000 square feet without public water and sewer.

Minimum lot frontage: 100 feet.

Minimum lot depth: 100 feet.

Minimum area per dwelling unit: 10,000 square feet without public water and sewer.

Minimum area per dwelling unit: 5,000 square feet with public water and sewer.

Minimum front setback: See § 300-515.

Maximum floor area: 15,000 square feet per structure.

Maximum building height: 45 feet.

Drive-throughs. No drive-through services are allowed.

Parking. For structures within 150 feet of Riverside Drive, there shall be no more than one row

Setback. New nonresidential uses shall be set back from the front property line at least 75 feet. Residential structures not meeting the seventy-five-foot setback may be converted to nonresidential uses, provided all other criteria are met.

Signs. No electronic changeable copy or neon signs are allowed.

Social services uses in the PD2 District must be of a size and scale that is appropriate to and sensitive to their immediate neighbors.

Amended

Minimum lot size: 10,000 square feet.

Minimum frontage: 75 feet.

Minimum depth: 75 feet.

Area per dwelling unit: 20,000 square feet.***

Minimum front setback: 15 feet/35 feet.**

Notes:

Outdoor lighting standards. The purpose of this subsection is to provide outdoor lighting standards to help ensure compatibility with neighboring uses, preserve our dark skies, and provide a more pleasant and comfortable nighttime environment while preserving the ability to install effective security lighting.

Location of parking, servicing, and loading areas for nonresidential uses. All off-street parking lots/areas/stalls, vehicle servicing areas (including gasoline/diesel pumps), and delivery and garage bay doors shall be located at the side or rear of buildings, the only exception being for handicapped parking spaces, which may be located at the front of the building. Buffer yard standards for Urban, Industrial, and Planned Development Districts identified in § 300-502 of this chapter are applicable to all parking lots with six or more spaces.

Front Setback: No principal structure may extend closer to Winthrop Street than the principal structures on adjacent lots. Setbacks from other street frontages shall be 10 feet.

Side and Rear Setback:

Lot Area Per Dwelling Unit: 2,500 square feet.

Outdoor lighting standards. The purpose of this subsection is to provide outdoor lighting standards to help ensure compatibility with neighboring uses, preserve our dark skies, and provide a more pleasant and comfortable nighttime environment while preserving the ability to install effective security lighting.

Parking.

Screening of machinery, equipment, storage areas, and other appurtenances. Open storage areas; exposed machinery, electrical/electronic equipment, heating and/or air-conditioning equipment, fuel tanks, etc. (whether located above the ground on structures or on the ground); areas used for storage and collection of rubbish; and areas determined to be similar to those listed must be visually screened from roads and surrounding land uses. Suitable types of screening include landscaping (e.g., shrubs, plants, trees, fencing) and/or architectural elements (e.g., false walls,

false roofing, masonry, blocks, etc.). Where evergreen hedges are proposed, a temporary fence shall be built to provide screening until the evergreens are of sufficient height to hide the unit(s) being screened.

Conventional zoning.

Performance zoning.

Single developments and minor subdivisions.

Major subdivisions.

May include land appropriate to passive and active recreational uses and communal utilities such as solar panels, wind turbines, septic fields, etc.

In general.

Exceptions.

To determine minimum lot size:

Dimensional requirements. [See also Subsection C(2) below.]

Lot size based on hydrologic soil group.

Requiring:

Dimensional requirements.

Upon completion of the site capacity analysis, the applicant shall design the project to comply with the provisions of the standard review method outlined in the Phosphorous Control in Lake Watersheds Guide [see § 300-514(3)]. Based on design details and specifics of the site, density in dwelling units per acre or floor area factor may require reduction in accordance with the Guide.

Conventional zoning.

Performance zoning.

Single developments and minor subdivisions.

Major subdivisions.

All land use activities, as indicated in Attachment 5, Table of Land Uses in the Shoreland Overlay Zoning Districts, shall conform with all of the applicable land use standards outlined in Part 5. The district designation for a particular site shall be determined from the Official Shoreland Zoning Map.

Shoreland Overlay Zones

LRLimited Residential

RPResource Protection

GDGeneral Development

LCLimited Commercial

SPStream Protection

Dimensional requirements.

A person performing any of the following activities shall require a permit from the Department of Environmental Protection, pursuant to 38 M.R.S.A. § 480-C, if the activity occurs in, on, over or adjacent to any freshwater or coastal wetland, great pond, river, stream or brook and operates in such a manner that material or soil may be washed into them: [The DEP has determined that "adjacent," as used in Subsection A(3), means within 75 feet.]

Purpose. The RP District includes areas in which development would adversely affect water quality, productive habitat, biological ecosystems, or areas with scenic and natural values. This district shall include the following areas when they occur within the limits of the Shoreland Zone, exclusive of the Stream Protection District, except that areas which are currently developed and areas which meet the criteria for the Limited Commercial or General Development Districts need not be included within the Resource Protection District:

Uses. Unless specifically enumerated, principal structures, including residential dwelling units, commercial, industrial and institutional structures are prohibited in the RP District. Therefore, there are no dimensional requirements for new structures and uses within the district. Dimensional requirements for legally existing nonconforming uses and structures are listed in

§ 300-528.

Purpose. The General Development District includes the following types of existing, intensely developed areas:

Purpose.

Old Fort Western Historic Waterfront District (FW).

Kennebec Arsenal Historic Waterfront District (KA).

Parking facilities. Uses similar to uses requiring a Planning Board permit.

Public hearing not mandatory for the following uses; use criteria in § 300-603E(5)(e)[1] through [7]:

The intent of this section is to provide a resource of information and expertise to help those interested in rehabilitation or new construction in a district or restoring a landmark within which the residents of the City of Augusta can protect the historic, architectural and cultural heritage of significant areas, landmarks and sites in Augusta. The intent of the section is to safeguard, in the face of intensified growth pressures, the structures and areas that give beauty and pleasure to residents, attract visitors and new residents, give the City its distinctive character, and educate the community about its past.

This section applies standards of evaluation to prevent the unnecessary loss of the community's historical features and to ensure compatible new construction and rehabilitation in historic districts while not stifling change and development or forcing modern recreations of historic styles; in a reasonable and flexible manner, fosters civic pride in the City's history and development patterns as represented in such distinctive areas, sites, structures and objects.

Additionally, the section protects and enhances the attractiveness of the City to its home buyers, home owners, residents, tourists, visitors, businesses and shoppers, encouraging preservation, restoration and rehabilitation that respects the historic, cultural, architectural and archaeological significance of distinctive areas, sites, structures and objects.

Augusta Historic Preservation Design Manual.

All architectural and archaeological surveys conducted by architectural historians and archaeologists recognized by the State Historic Preservation Commission and on file in the City Office.

(Reserved)

Means and includes any building, other structure or site that does not add to the district's sense of time and place and historical development; or one where the location, design, setting, materials, workmanship or association have been so altered or have so deteriorated that the overall integrity of the building, structure, or site has been irretrievably lost. Although changes to a noncontributing property may not have historical significance, they may affect the historic integrity of the viewscape and the district as a whole.

Ordinarily buildings that have been built within the 50 years prior to the year of application shall not be considered to contribute to the significance of a district unless a strong justification concerning their historical or architectural merit is given by the referenced surveys, Subsection D(2), or the historical attributes of the viewscape are considered to be less than 75 years old. Age shall be determined based on the architectural surveys on file in the City Office. In the case of a disagreement, an architectural historian recognized by the Maine State Historic Preservation Commission shall be consulted.

OBJECT — A construction that is primarily artistic or utilitarian in nature or is relatively small in scale and simply constructed. Although it may be, by nature and design, movable, an object is associated with a specific setting or environment.

SIDING — The covering of exterior vertical or nearly vertical wall surfaces, excluding architectural features.

SITE — The location of a significant object, structure, or event.

STRUCTURE — A building, or anything built for the support, shelter or enclosure of persons, animals, goods, or property of any kind, together with anything constructed or erected with a fixed location on or in the ground. The term includes structures temporarily or permanently located, such as decks, fences, and walls.

VIEWSCAPE — The public setting in which a structure, site, or landmark is located. It is the immediate visible neighborhood of the street or public land associated with such a structure, including such things as fences, sidewalks and lights. A viewscape is not synonymous with scenic views, for example water views possessed by individual property owners, but encompasses the public view of a street, neighborhood or public land. Every kind of structure is considered in the context of its viewscape. A district may include many viewscapes.

VISIBLE FROM THE STREET — Any site or structure that can be seen from any public street or way abutting the subject property.

General. One or more of the following characteristics, without limitation as to cultural or chronological period, shall serve to qualify an historic district, historic site, individual historic property, historic landmark or archaeological site, as defined in Subsection E of this section, to be established in accordance with this section.

Structures or sites at which events occur or have occurred that contribute to and are identified with or significantly represent or exemplify the broad cultural, political, economic, military, social or sociological history of Augusta and the nation, including sites and buildings at which the public may gain insight or see examples either of particular items or of larger patterns in the North American heritage.

Structures or sites importantly associated with historic personages.

Structures or sites importantly associated with historic examples of a great idea or ideal.

Structures or structural remains and sites embodying examples of architectural types of specimens valuable for study or representation of a period, style, or method of building construction, of community organization and living or of landscaping; or a single notable structure or a single site representing the work of a master builder, designer, architect or

landscape architect.

Structures contributing to the visual continuity of an historic district.

Structures or sites listed on or eligible for listing on the National Register of Historic Places and structures or sites listed as or eligible for listing as a National Historic Landmark.

General.

Historic sites or landmarks.

Historic districts.

Expansion of existing districts.

Individual historic properties. An amendment to establish an individual historic property may only be proposed by the property owner.

(Reserved)

Public hearing and final report. Before a final report is made to the Council, the Augusta Historic Preservation Commission shall hold a public hearing on the request, after due notice is published twice in a newspaper of general circulation in the City, at least 12 days and seven days prior to the hearing. Written notice of the proposal shall also be given at least 10 days prior to the hearing to the applicants, owners of all property abutting or to be included within the proposed designation, and all other persons found by the Commission to have a special interest in the proposal. Failure of any such person to receive notice of the public hearing shall not necessitate another hearing or invalidate any action of the Commission. A copy of the proposal shall be sent, at the same time, to the Chairperson of the Planning Board for review and recommendation at the next regular meeting of the Planning Board. Not later than 60 days after the public hearing, the Planning Board shall submit a final report with its recommendations to the City Council.

Proposed amendment. Upon acceptance of the proposal to designate an historic site, landmark, district or individual historic property, the Commission shall prepare a proposed amendment to Subsection I of this section. The proposed amendment shall include a description of the historic district, site, landmark or individual historic property with the date it was adopted.

(Reserved)

Water Street Historic District.

Bond Street Historic District.

Winthrop Street Historic District.

Crosby Street Historic District.

Activities that do not require building permits as specified in the Land Use Ordinance of the City of Augusta, but are covered by the provisions of this section.

Reconstruction, restoration, renovation and alteration:

New construction of a principal or accessory structure visible from the street or visible from public land associated with the structure where such structure will be located in an historic district.

Demolition of an historic landmark, individual historic property or any contributing structure in an historic district.

Moving an historic landmark, individual historic property or any contributing structure in an historic district.

Improvement projects and objects on contributing properties, such as lighting, sidewalks, raised walkways, handicapped access ramps, paving, curbing, signs, solar panels, heat pumps, and satellite dishes larger than 39 inches in diameter located beyond the right-of-way of any public street or way, but visible from the street, and located within an historic district or affecting any historic site or landmark.

The ordinary maintenance or repair of any exterior architectural feature of any structure or other improvement project when that repair does not involve a change in design, appearance, or materials.

Impermanent or reversible alterations such as storm windows, storm doors, window air

conditioners, shutters, or paint color.

Alterations to existing signage including signage hanging from an existing bracket system and face changes, with no change in size or lighting.

Lawn and garden objects and landscaping, including plantings, sculptures, walkways and walls of two feet or less in height.

Minor changes, as defined in Subsection E, to noncontributing properties.

Alterations to structures on noncontributing properties, which do not change the size or footprint of the structure.

The construction or alteration of any structure not visible from the street, as defined in Subsection E.

The construction, reconstruction, alteration or demolition of any structure where construction is in accordance with a valid building permit issued before establishing new districts, sites or landmarks designated by adoption of or amendment to this section.

The construction, reconstruction, alteration, restoration or demolition of any feature which the Code Enforcement Officer shall certify is required because of an unsafe or dangerous condition to ensure public safety or when efforts to save such a feature have been declared impractical or uneconomic in response to concerns for public safety.

General.

Application contents. On the application form supplied by the Commission, the applicant shall state the location, use and nature of the matter for which a certificate is requested. The application shall contain the following information or documentation unless the Commission expressly waives an item.

Representation. Property owners are strongly urged to be present when their application is being considered. They may, however, be represented by an agent or attorney at any meeting of the Commission. If the property owner is not present, any person acting as the property owner's agent or attorney shall provide evidence of such authority.

Notice to owners. Before meeting to review an application for an historic preservation certificate, the Commission shall notify by United States mail, the applicant, abutting property owners, and the owners of property within 500 feet of the property that is the subject of the application. The notice shall be sent to the person who receives the property tax bills at the address shown in the municipal tax records. Failure of any person to receive notice shall not necessitate another public meeting or hearing nor invalidate any action by the Commission.

Hearing. At the request of the applicant or any other person receiving notice under Subsection M(1) above or when the Commission deems it necessary, a public hearing on the application shall be conducted by the Commission.

Procedure of the Commission. The Commission shall consider the application at a meeting. A minor change, as defined in Subsection E, shall ordinarily be approved and without conditions. The judgment of at least one professional consultant may be obtained in reviewing any major change involving issues of design. The Commission shall approve, approve with conditions, or deny the application pursuant to Subsection N(4) and (5). The review period may be extended by mutual agreement of the Commission and the applicant, either written or oral, on the record at a public meeting.

Approval. If the Commission finds the application meets the standards of evaluation as detailed in Subsection N, it shall issue a decision to grant an historic preservation certificate. Within seven days of its decision, the Commission shall furnish the applicant a copy of the application, a written decision including written findings of fact supporting the decision and any written recommendations. The Commission shall also furnish copies of these documents to the Code Enforcement Officer for filing in the City Map and Lot files.

Conditional approval and disapproval. If the Commission does not find that the application meets the standards of evaluation herein, it shall either issue a decision to grant an historic

preservation certificate with conditions or issue a decision to deny an historic preservation certificate. Within seven days of its decision, the Commission shall furnish the applicant a copy of the application, a written decision including any conditions of approval and written findings of fact supporting the decision. The Commission shall also furnish copies of these documents to the Code Enforcement Officer for filing in the City Map and Lot files.

General.

Reconstruction, renovation and alteration.

Construction and/or placement of new buildings and other structures in historic districts.

Visual compatibility factors for new construction and additions. Within historic districts, historic sites or landmarks, all new construction and all new additions shall be visually related.

Demolition or removal. An historic landmark, or any structure in an historic district or any attached structure, whether residential or commercial, shall not be demolished or removed and an historic preservation certificate to do so shall not be issued unless one of the following conditions is met:

The deterioration of exterior walls or other vertical supports.

The deterioration of roofs or other horizontal members, including the ineffective waterproofing of exterior walls, roofs and foundations, as well as broken windows and doors.

The deterioration of exterior chimneys.

The deterioration of exterior plaster or mortar.

The deterioration of any feature to the extent that it would create or permit the creation of any hazardous or unsafe condition.

For rental housing, a development in which a household whose income does not exceed 80% of the median income for the area as defined by the United States Department of Housing and Urban Development under the United States Housing Act of 1937, Public Law 75-412, 50 Stat. 888, Section 8, as amended, can afford 51% or more of the units in the development without spending more than 30% of the household's monthly income on housing costs; and

For owned housing, a development in which a household whose income does not exceed 120% of the median income for the area as defined by the United States Department of Housing and Urban Development under the United States Housing Act of 1937, Public Law 75-412, 50 Stat. 888, Section 8, as amended, can afford 51% or more of the units in the development without spending more than 30% of the household's monthly income on housing costs.

For purposes of this definition, "housing costs" include:

Application for approval of an affordable housing development requires the owner or applicant to demonstrate long term affordability by (1) execution of a restrictive covenant that is enforceable by a party acceptable to the municipality; and (2) recording the restrictive covenant in the appropriate registry of deeds to ensure affordability for at least thirty (30) years after completion of construction:

A density bonus of two and a half (2.5) times the number of units per square feet of lot area allowed in the base zoning district shall be allowed. Fractional results shall be rounded down to the nearest whole number.

No more than two (2) off-street parking spaces for every three (3) dwelling units shall be required. Fractional results shall be rounded down to the nearest whole number. The Planning Board may require fewer spaces per unit based on the Parking Requirements standard in

§ 300-513.

Whenever any subdivision is proposed, or before any contract for the sale of or offer to sell such subdivision or any part thereof shall have been negotiated, or before any permit for the erection of a structure shall be granted or before any utility installation, ditching, grading, construction of roads, parking lots or other areas, grading of land or lots shall be done on any part of the subdivision, the subdivider or his authorized agent shall apply formally to the Board for approval of a final plan of such subdivision or portion thereof, which approval, if granted, is to be recorded as provided in this Part 4.

As to any intended subdivision of land or as to any intended major or minor development, the subdivider or developer shall prepare and formally submit:

A granite monument;

A concrete monument;

An iron pin; or

A drill hole in ledge.

Given to the applicant; and

Published, at least two times, in a newspaper having general circulation in the City. The date of the first publication must be at least seven days before the hearing.

The preapplication shall include the following information:

The submittal or review of the preapplication sketch plan shall not be considered the initiation of the review process for the purposes of bringing the plan under the protection of 1 M.R.S.A.

§ 302.

Pollution. The proposed subdivision will not result in undue water or air pollution. In making this determination, consideration shall be given to:

Sufficient water. The proposed subdivision has sufficient water available for the reasonably foreseeable needs of the subdivision.

Municipal water supply. The proposed subdivision will not cause an unreasonable burden on an existing water supply, if one is to be used.

Soil erosion. The proposed subdivision will not cause unreasonable soil erosion or a reduction in the land's capacity to hold water so that a dangerous or unhealthy condition results.

Highway or public road congestion. The proposed subdivision will not cause unreasonable highway or public road congestion or unsafe conditions with respect to the use of the highways or public roads existing or proposed.

For major developments, the developer has made adequate provision for traffic movement of all types into, out of or within the development area. The Board shall consider traffic movement both on site and off site. Before issuing a permit, the Board shall find that any traffic increase attributable to the proposed development will not result in unreasonable congestion or unsafe conditions on a road in the vicinity of the proposed development.

Sewage waste disposal. The proposed subdivision will provide adequate sewage waste disposal.

Municipal solid waste and sewage waste disposal. The proposed subdivision will not cause an unreasonable burden on the municipality's ability to dispose of solid waste and sewage, if municipal services are to be utilized.

Aesthetic, cultural and natural values. The proposed subdivision will not have an undue adverse effect on the scenic or natural beauty of the area, aesthetics, historic sites, significant wildlife habitat identified by the Maine Department of Inland Fisheries and Wildlife or the City of Augusta, or rare and irreplaceable natural areas or any public rights for physical or visual access to the shoreline.

Conformity with City ordinances and plans. The proposed subdivision conforms with a duly adopted subdivision regulation or ordinance, Comprehensive Plan, development, plan or land use plan.

Financial and technical capacity. The subdivider has adequate financial and technical ability to develop the project in a manner consistent with state and local performance, environmental and technical standards.

Surface waters; outstanding river segments. Whenever situated entirely or partially within the watershed of any pond or lake or within 250 feet of any wetland, great pond or river as defined in Title 38, Chapter 3, Subchapter 1, Article 2-B, the proposed subdivision will not adversely affect the quality of that body of water or unreasonably affect the shoreline of that body of water.

Groundwater. The proposed subdivision will not, alone or in conjunction with existing activities, adversely affect the quality or quantity of groundwater.

Flood areas. Based on the Federal Emergency Management Agency's Flood Boundary and Floodway Maps and Flood Insurance Rate Maps, and information presented by the applicant, whether the subdivision, or any part of it, is in a flood-prone area. If the subdivision, or any part of it, is in such an area, the subdivider shall determine the one-hundred-year-flood elevation and flood hazard boundaries within the subdivision. The proposed subdivision plan must include a condition of plat approval requiring that principal structures in the subdivision will be constructed with their lowest floor, including the basement, at least one foot above the one-hundred-year-flood elevation.

Freshwater wetlands. All freshwater wetlands within the proposed subdivision have been identified on any maps submitted as part of the application, regardless of the size of these wetlands. Any mapping of freshwater wetlands may be done with the help of the Kennebec

County Soil and Water Conservation District.

River, stream or brook. Any river, stream or brook within or abutting the proposed subdivision has been identified on any maps submitted as part of the application. For purposes of this section, "river, stream or brook" has the same meaning as in 38 M.R.S.A. § 480-B, Subsection 9 (also defined in this chapter).

Stormwater. The proposed subdivision will provide for adequate stormwater management.

Access to direct sunlight. The Planning Board may, to protect and ensure access to direct sunlight for solar energy systems, prohibit, restrict or control development. The subdivider shall, on request of the Planning Board or staff, submit development plans which include either one or a combination of the following:

Title 38 M.R.S.A., as amended, § 484, Standards for development; Chapter 371, Definition of Terms used in the Site Location of Development Law and Regulations; Chapter 373, Financial Capacity Standard; Chapter 374, Traffic Movement Standard; Chapter 375, No Adverse Environmental Effect Standard; Chapter 376, Soil Types Standard; and Chapter 377, Review of Roads, shall apply to review of major developments.

Spaghetti lots prohibited. If any lots in the proposed subdivision have shore frontage on a river, stream, brook, great pond or coastal wetland as these features are defined in 38 M.R.S.A.

§ 480-B, none of the lots created within the subdivision have a lot depth to shore frontage ratio greater than five to one.

All outdoor lighting shall be of a design and construction that prevents light trespass beyond the boundaries of the property on which it is located.

Preliminary and final plan approvals shall occur at the same meeting, effectively combining the process such that any development could be approved in a single Planning Board meeting, provided all information required by the ordinance and the Planning Board is present for the public and Planning Board to review. If the Planning Board finds at the first public hearing that additional information is necessary to make its decision, the Board may table the item, after discussion, to a later date when the requested material is available. All subdivisions and developments are required to submit the information required for preliminary approval and final approval. Where there are overlaps, the information does not have to be provided twice.

A request for approval of a subdivision shall be made to the Board in writing. The preliminary plan shall be accompanied by one copy of the location map showing the relationship of the proposed subdivision to adjacent properties and public access.

The City Planner upon receiving the application shall issue the applicant a dated receipt.

The City shall also notify all abutting property owners of the proposed subdivision and the Clerk and the reviewing authority of municipalities that abut or include any portion of the subdivision, specifying the location of the proposed subdivision and including a general description of the project.

If any portion of a subdivision crosses municipal boundaries, the Planning Board and the municipal reviewing authority from the affected municipality shall meet jointly to discuss the application.

If any portion of a subdivision abuts another municipality, the abutting municipality shall be notified and given an opportunity to have input into the subdivision application.

To be on the Board's agenda, a complete application for preliminary approval shall be submitted at least 30 calendar days prior to a regular meeting of the Board. Within seven working days of receiving the preliminary plan application, the City Planner shall notify the applicant in writing either that the application is a complete application or, if the application is incomplete, the specific additional material needed to make a complete application. After the staff has determined that a complete application has been filed, it shall notify the applicant and begin a full evaluation of the preliminary plan of the proposed subdivision.

A completed application for preliminary approval shall be reviewed by the Board within 30 days of the City Planner's notification of a completed application.

The preliminary plan shall contain the following minimum information as well the applicable site plan information required for buildings outlined in § 300-601D(3)(a). Each sheet of the preliminary plan shall be 24 inches by 36 inches. If more than one sheet is required, match lines will be on each. Scale shall be one inch equals 100 feet or as determined by the City Engineer.

In addition to the preliminary plan, the Board may require the subdivider or others to undertake studies where deemed necessary or desirable to protect the public convenience, safety, health and welfare in accordance with the guidelines stated in this chapter.

A request for final approval of a subdivision or major development shall be made to the Board in writing at least 30 days before a regular meeting of the Planning Board and shall be accompanied by final plans and supporting data of the subdivision or major/minor development, legibly drawn in black ink on drafting film, together with six dark line copies and two reproducible copies on drafting film. The plan shall be drawn at the same scale as the preliminary plan. Plans for a major/minor development need include only one reproducible copy.

Within seven working days of receiving the final plan application, the City Planner shall notify the applicant in writing either that the application is a complete application, or if the application is incomplete, the specific additional material needed to make a complete application. After the staff has determined that a complete application has been filed, it shall notify the applicant and begin a full evaluation of the final plan of the proposed subdivision.

All the information required for the preliminary plan in final form.

Existing and proposed final lines of streets, ways, lots, easements for utilities and/or drainage and public areas within the subdivision. Easements shall be conveyed prior to filing the plat at the Registry of Deeds.

Sufficient data such as NGVD (as defined) or local datum.

Profiles and cross sections every 50 feet or break in grade, slopes and grades from proposed streets to side lots; plan scale one inch equals 20 feet; vertical scale one inch equals four feet or as approved by the City Engineer.

All curve data.

Separate intersection plans shall be provided, showing geometry for right-of-way and curblines, curve data, drainage flow, drainage structures and finish grades on 8 1/2 inches by 11 inches or larger sheet at a scale of one inch equals 10 feet.

Tangent and curve data showing stationing of all existing and/or proposed streets, or public ways, rights-of-way, building lines and easements in the subdivision, to determine the exact location, direction and length of every street line, easement, lot line and boundary line sufficient to reproduce these lines upon the ground.

Center-line stationing and station equations at intersecting streets shall be shown.

If subject to site location or development approval by the Maine DEP, evidence of such approval will be provided with final plan; if lacking state approval, Planning Board approval shall be conditional pending site location of development approval. If not subject to site location of development approval, the final plan shall state this fact.

Location of all permanent monuments existing and proposed wherever, in the opinion of the City Engineer, such monuments are necessary to properly determine the location on the ground. All monuments and control points shall be protected and not covered. (See technical standards.)

Lot numbers and/or letters in accordance with the prevailing policy in the area. Tax Map numbers may be added in consultation with the City Assessor.

Designation of the location, size, type of planting and landscaping of such parks, esplanades or other open spaces as may be proposed or prescribed. (See § 300-411 and Part 5, Article VI, General Zoning Standards.)

The signed seal of a State of Maine registered professional engineer and signed seal of a State of Maine registered land surveyor attesting that such final plan is correct. Water, sewerage and drainage must be designed, signed and sealed by a licensed engineer.

The Board shall consider a final plan for a subdivision or major/minor development at a regular meeting within 30 days of submission of such final plan.

The Board shall, after consideration, issue a written statement informing the subdivider, developer or his authorized agent of approval, disapproval or conditional approval. The written decision shall be issued to the applicant within 14 workdays of the decision of the Board. If conditional approval is granted, the Board and applicant may mutually agree to a time extension not to exceed four months for residential or six months for commercial and industrial subdivisions.

Indicate the name of the current property owner;

Identify the property by reference to the last recorded deed in its chain of title;

Indicate the fact that a variance, including any conditions on the variance, has been granted and the date of the granting.

Create attractive visual settings designed to break up or interrupt building lines, accent buildings and scale down larger architectural elements; surround and frame signs; and substantially obscure headlights and other glare caused by vehicles, windows, outdoor lighting, or other modifications of the landscape.

Reduce the impact of noise and mask its source.

Reduce air pollution, wind, dust, dirt, and litter and contribute to healthy air and water quality.

Help prevent undesirable access to dangerous areas.

Direct the eye to more attractive views in keeping with the planned character of the City.

Unless otherwise stated, the buffer yard requirements shall apply:

Natural features shall be maintained wherever possible to meet buffer requirements. When natural features such as topography, gullies, stands of trees, shrubbery or rock outcrops do not exist or are insufficient to provide an effective buffer, landscaped buffers shall be created. Indigenous plantings shall be used whenever possible; landscape plans shall strive for a "natural" look.

Although this chapter does not prohibit landscaping within a road or street right-of-way, no part of the right-of-way shall be used to satisfy the buffer yard requirement.

Buffer yard plant materials, fencing and maintenance.

Table 300-502-A shall be used in determining which buffer yard requirement is applicable.

Table 300-502-A: Minimum Buffer Yard Requirements

Table 300-502-B shall be used in determining the specific buffer yard width and landscaping requirements along perimeter property lines of business or industrial parks or along perimeter

property lines for single developments not associated with a subdivision, park or planned development.

Buffers along arterial and collector roads in rural, industrial and planned development zones.

Buffers separating nonresidential structures or uses and residential district lines. In the PD, PD2, IA and Rural Districts, no nonresidential structure shall be erected or permitted abutting a residential or rural district line unless a setback of at least 75 feet is provided and maintained. This standard shall also apply where a nonarterial or noncollector road exists as the boundary between a proposed nonresidential use and a residential or rural district boundary; Buffer Yard D shall be used.

In Urban Area Districts, nonresidential accessory uses and minor municipal or public utilities and communications facilities. All outside storage areas, loading docks, garbage collection areas, on-ground electrical transformer stations, service areas, and similar facilities shall be

substantially obscured from public view. Walls, fencing, densely planted vegetation or a combination of material can be used to achieve this intent.

Watershed protection buffers. [See § 300-315.3, Rural Ponds District (RPDS), and

§ 300-514B(3), Phosphorous control standards.]

Buffering of parking lots serving six or more vehicles. Parking lots serving six or more vehicles shall be buffered according to the following provisions. Buffering shall be designed to accommodate attractive and safe pedestrian circulation patterns and allow required site distances at driveway intersections and good visibility of oncoming pedestrians and vehicles throughout the parking area.

Buffering of parking garages. At a minimum, Buffer Yard A shall be planted to its full width along 50% of the primary public street frontage of the garage (minus any reductions allowed in Table 300-502-B). And where physically practical for the final garage design, Buffer Yard A plantings shall be planted along the remaining garage perimeter as determined by the Planning Board, in consultation with the City Forester/Arborist.

Any application to construct a principal structure on slopes greater than 15% shall be accompanied by an engineered site plan, building plan and a landscape plan developed by a qualified licensed professional, such as, but not limited to, an engineer, architect, or landscape architect. Along with requirements for a site plan outlined in Part 6 of this chapter, the

application shall include information on soil type and existing vegetative cover. Such building permit shall not be issued without Planning Board approval.

All development on slopes covered by these standards shall comply with the applicable standards outlined in § 300-514B, Water quality.

See the overlay standards in § 300-529, Capitol View District.

See the special shoreland standards outlined in § 300-528J(3) and O for additional requirements applicable in shoreland overlay districts.

Certain areas of the City of Augusta, Maine, are subject to periodic flooding, causing serious damages to properties within these areas. Relief is available in the form of flood insurance as authorized by the National Flood Insurance Act of 1968. Therefore, the City of Augusta, Maine, has chosen to become a participating community in the National Flood Insurance Program and agrees to comply with the requirements of the National Flood Insurance Act of 1968 (P.L. 90-488, as amended), as delineated in this section. It is the intent of the City of Augusta, Maine,

to require the recognition and evaluation of flood hazards in all official actions relating to land use in the floodplain areas having special flood hazards.

The City of Augusta has the legal authority to adopt land use and control measures to reduce future flood losses pursuant to 30-A M.R.S.A. §§ 3001 to 3007, 4352 and 4401 to 4407 and 38

M.R.S.A. § 440. The National Flood Insurance Program, established in the aforesaid Act, provides that areas of the City of Augusta having a special flood hazard be identified by the Federal Emergency Management Agency and that floodplain management measures be applied in such flood hazard areas. This chapter establishes a flood hazard development permit system and review procedure for development activities in the designated flood hazard areas of the City of Augusta, Maine.

The areas of special flood hazard, Zones A and AE for the City of Augusta, Kennebec County, Maine, identified by the Federal Emergency Management Agency in a report entitled "Flood Insurance Study - Kennebec County," dated June 16, 2011, with accompanying "Flood Insurance Rate Map," dated June 16, 2011, with panels 339, 343, 344, 365, 502, 504, 506, 507,

508, 509, 512, 516, 517, 526, 527, 528, 529, 531, 532, 533, 534, 536, 537, 539, 541, 542, 543,

544, derived from the county-wide Digital Flood Insurance Rate Map entitled "Digital Flood Insurance Rate Map, Kennebec County," are hereby adopted by reference and declared to be a part of this chapter, with an effective date of June 16, 2011.

The name, address and phone number of the applicant, owner, and contractor;

An address and a map indicating the location of the construction site;

A site plan showing location of existing and/or proposed development, including but not limited to structures, sewage disposal facilities, water supply facilities, areas to be cut and filled, and lot dimensions;

A statement of the intended use of the structure and/or development;

A statement of the cost of the development, including all materials and labor;

A statement as to the type of sewage system proposed;

Specification of dimensions of the proposed structure and/or development;

NOTE: Subsections C(8) to (11)(b) apply only to new floodplain construction and substantial improvements.

The elevation in relation to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or to a locally established datum in Zone A only, of the:

A description of an elevation reference point established on the site of all developments for which elevation standards apply as required in Subsection E of this section;

A written certification by a professional land surveyor, registered professional engineer or architect, that the base flood elevation and grade elevations shown on the application are accurate;

The following certifications as required in Subsection E of this section by a registered professional engineer or architect:

A description of the extent to which any watercourse will be altered or relocated as a result of the proposed development; and

A statement of construction plans describing in detail how each applicable development standard in Subsection E of this section will be met.

Review all applications for the flood hazard development permit to assure that proposed developments are reasonably safe from flooding and to determine that all pertinent requirements of Subsection E, Development standards, of this section have been or will be met.

Utilize, in the review of all flood hazard development permit applications: