2024 Amendments to the Town of South Thomaston, Maine  Land Use Ordinance  New language is shown as underlined. Deleted language is shown as strisken-through This ordinance shall be known as and may be cited as the "Land Use Ordinance of the  Section!  TITLE  Town of South Thomaston, Maine".  Section II PURPOSE AND ESTABLISHMENT OF DISTRICTS  A. Purpose  This Ordinance is designed for all the purposes of zoning embraced int the Maine Revised Statutes. It is designed to encourage use of land throughout the municipality in an  appropriate manner as expressed ini the Comprehensive Plan.  B.  Establishment of Districts  For the purposes of this Ordinance, the Town of South Thomaston is hereby divided into  the following districts:  Villages District Village Extension District Rural 1 District Rural - 2 District  C. Land Use Maps  The above districts are shown on maps filed in the office of the Town Clerk. These maps  are hereby made a part of this Ordinance (see Attachment A)  D. District Boundaries  1. Uncertainty of Boundaries - Where uncertainty exists with respect to the boundaries oft the districts shown on the Land Use Map, the following rules shall apply: a) Boundaries indicated as following the center lines of streets or roads shall be b) Boundaries indicated as following lot lines shall be construed to follow such lot c) Boundaries indicated as following municipal limits shall be construed to follow d) Boundaries indicated as following shorelines shall be construed to follow the normal high water line, and shall be construed to move with such high water line int the event of natural change to the shoreline. Boundaries indicated as following the center lines of streams, rivers, canals, or other water bodies shall e) Boundaries indicated as being parallel to or extensions of features Indicated in paragraphs a) through d) above shall be sO construed. Distances not indicated on the Land Use Map shall be determined from the scale of the map. Any conflict between the map and a metes and bounds description shall be resolved  construed to follow such center lines;  lines; such limits;  be construed tot follow such center lines;  in favor of the description by metes and bounds.  1  21765282.1    2024 Amendments to the Town of South Thomaston, Maine  Land Use Ordinance  New language is shown as underlined. Deleted language is shown as elricken-through- f) Where physical or cultural features existing on the ground are different from those shown on the Land Use Map, or where items in paragraphs a) through e) above are not clear, the Board of Appeals shall interpret the district boundaries. 2. Division of Lots by District Boundaries . Where a district boundary line divides a lot, the provisions applicable to the less restricted portion of the lot may be extended into  the more restricted portion of the lot by not more than fifty feet.  E.  Conflict with Other Ordinances  Wherever the requirements of this Ordinance differ from the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions, or covenants, the most  restrictive or that imposing the higher standard shall govern.  F.  Separability  In the event that any section, subsection, or any portion of this Ordinance shall be declared by any competent court to be invalid for any reason, such a decision shall not affect the  validity of any other section or other portion of this Ordinance.  G. Effective Date, Amendments  This Ordinance shall be effective on the day following enactment or amendment by a majority vote at the Town Meeting. No amendment to this Ordinance shall be adopted until the Selectboard has held a public hearing at least ten days before iti is submitted to the Town for consideration. Such amendments shall be considered following petition, recommendation of the Planning Board, or motion of the Selectboard. Petitioners are encouraged to work with and request assistance from the Planning Board sO that proposed changes and amendments can be of greatest benefit to the citizens of South Thomaston. Petitioners shall be responsible for paying for all required advertisements and notifications. Any lawful use of land, UGs.OFSRS, existing OA the effective date of this Ordinance-ors amendments- thereto,end- Aotin-conlormance: wil-he-provicionse efthis Ordinance, shall be censideree to beanoncontomming, use. Sucha a "monconlominguse mnay be maintained, improved and repaired, and-may be conveyed to new ewners-wilhout less of its M.. under thet following previsions:  Section III NONCONFORMANCE  A. Purpose  Itis the intent of this ordinance to promote land use conformities except that nonconforming. conditions that existed before the effective date of this ordinance or amendments thereto shall be allowed to continue, subject to the requirements set forth in this section. Except as otherwise provided in this ordinance, a nonconforming condition  shall not be permitted to become more nonconforming.  B. General  1. Transfer of Ownership. Nonconforming structures, lots, and uses may be  2  21765282.1    2024. Amendments to the Town of South Thomaston, Maine  Land Use Ordinance  New language is shown as underlined. Deleted language is shown as SHCKeP-throug transferred, and the new owner may continue the nonconforming use or continue to use the nonconforming structure or lot, subject to the provisions of this Ordinance. 2. Repair and Maintenance. This Ordinance allows, without a permit, the normal upkeep and maintenance of nonconforming uses and structures including repairs or renovations that do not involve expansion of the nonconforming use or structure, and such other changes in a nonconforming use or structure as federal, state, or local  building and safety codes may require. Nonconforming Structures  1. Expansion. Anonconforming structure may be added to or expanded after obtaining a permit from the same permitting authority as that for a new structure, ifs such addition or expansion does not increase the nonconformity of the structure or cause any 2. Foundations. Whenever a new, enlarged, or replacement foundation is constructed under a nonconforming structure, the structure and new foundation must be placed such that all setbacks are met to the greatest practical extent as determined by the permitting authority, basing its decision on the criteria specified in subsection 3(C) 3. Relocation. 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 toall setback requirements to the greatest practical extent as determined by the permitting authority. Inno case shall a structure be relocated in a manner that causes the structure to become morenonconforing. In determining whether the building relocation meets the setback to the greatest practical extent, the permitting authority 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 4. Reconstruction or Replacement. Any nonconforming structure which is removed or damaged or destroyed, regardless of the cause, by over 50% of the market value of the structure before such damage, destruction, or removal, may be reconstructed or replaced provided that a permit is obtained within eighteen (18) months of the date of such damage, destruction, or removal, and provided that such reconstruction or replacement is in compliance with applicable dimensional requirements to the greatest practical extent as determined by the permitting authority in accordance with the purposes of this Ordinance. In no case shall a structure be reconstructed or replaced soas to increase its nonconformity or to cause a new nonconformity. Any nonconforming structure that is damaged or destroyed by 50% or less of the market value of the structure, excluding normal maintenance and repair, may be reconstructed in place if a permit is obtained from the Code Enforcement Officer within 5. Change of Use of Nonconforming Structure. The use of a nonconforming structure may not be changed to another use unless the applicable permitting authority, after receiving a written application. determines that the new use will have no greater  new nonconformity.  Relocation, below.  amount of vegetation to be removed to accomplish the relocation.  one year of such damage, destruction, or removal.  3  21765282.1    2024 Amendments to the Town of South Thomaston, Maine  Land Use Ordinance  New language is shown as underlined. Deleted language is shown as slricken-through- adverse impact on the surrounding neighborhood and the environment than the existing use. In determining that no greater adverse impact will occur, the permitting authority shall require written documentation from the applicant regarding the probable effects on public health and safely, nuisance. traffic, noise, erosion and sedimentation, water guality, fish and wildlife habitat, vegetative cover, visual and actual points of public access to waters, natural beauty, floodplain management. and archaeological and  historic resources, as applicable. D. Nonconforming Uses  1. Expansions. Expansions of nonconforming uses are prohibited, except that nonconforming residential uses may, after obtaining a permit from the permitting authority, be expanded within existing residential structures or within permitted 2. Resumption Prohibited. Alot, building or structure in or on which a nonconforming use is discontinued for a period exceeding one year. or which is superseded bya conforming use, may not again be devoted to a nonconforming use except that the permitting authority may, for good cause shown by the applicant. grant up to aone year extension to that time period. This provision shall not be used to apply to the 3. Change of Use. An existing nonconforming use may be changed to another nonconforming, use provided that the proposed use has no greater adverse impact on the subject and adiacent property and resources. In determining that no greater adverse impact will occur, the permitting authority shall require written documentation from the applicant regarding the probable effects on public health and safely, nuisance, traffic, noise, erosion and sedimentation, water quality, fish and wildlife habitat, vegetative cover, visual and actual points of public access to waters, natural beauty, floodplain management, and archaeological and historic  expansions of such structures.  resumption of residential use of a structure.  resources, as applicable. Nonconforming Lots  .  1.A Anonconforming lot of record as of the effective date of this Ordinance or relevant amendment thereto may be built upon. without the needname for a variance, provided that such lot is in separate ownership and not contiguous with any lot in the same ownership, and that all provisions of this Ordinance except lot area, lot width 2. Contiquous Built Lots. Iftwo or more contiquous lots or parcels are in a single or joint ownership of record as oft the effective date of this Ordinance or relevant amendment thereto, if all or part of the lots dor not meet the dimensional requirements of this Ordinance. and if a principal use or structure exists on each lot, the nonconforming lots may be conveyed separately or together, provided that each lotn meets the State Minimum Lot Size Law/(12MR.S.SS 4807-A through 4807-D and the State of Maine Subsurface Wastewater Disposal Rules. 3. Two Structures or Uses on One Lot. If two or more principal uses or structures existed on a single lot of record on the effective date of this Ordinance or relevant  and shore frontage can be met.  4  21765282.1    2024 Amendments to the Town of South Thomaston, Maine  Land Use Ordinance  New language is shown as underlined. Deleted language is shown as slrieken-through. amendment thereto, each may be sold on a separate lot provided that the each lot thus created is as conforming as possible to the dimensional requirements oft this Ordinance and complies with the State Minimum Lot Size Law (12 M.R.S.5S.4807- Athrough 4807-D and the State of Maine Subsurface Wastewater Disposal Rules. 4. Contiguous Lots - Vacant or Partially Built: Iftwo or more contiguous lots or parcels are in single or joint ownership of record as of or since the enactment of this Ordinance or relevant amendment thereto, and any of these lots do not individually meet the dimensional requirements of this Ordinance, and if one or more of the lots are vacant or contains no principal structure, the lots shall be combined to the extent  necessary to meet the dimensional requirements.  A  Separate-Lots  ln-any-district, single-lots-oft eoaidoniedaisaiadepionoramendment of this-Ordinance may be buill 4POAOFOAweyeSven: ROWgAIReyd0-RO-egAomo.RemAnimumslandards ofthis-Ordinance- Such-lots shall-net be ofcontiguous Fonlagewiholnerloisin-the-same ownership. Nodwsondanyoimae be made which leaves the Hlots-area below-the manmumroguremenldHns-Ornanse,wPchwOnsensane-isingonsonformanee,or  creates-a-new-nonconlerming Hot: B. Contiguous Lots  Hwo-ormore OA4guousiSIs,aHoFpoadwAChdsaoooHomaumumguiromonlsot o------w- owasaae exists GRasAse:aaAH-s:sgatyomawdend Fecorded befere the 859P19ROFamamdmen: dFs-Oximamoa-mamonmiouminglole-may  be-cenveyed separately or together G. Vacant-Contiguous: Lets  woormorevasankcon4g..si,alrpaHofwhichs de netmeet the minimum Fequirements of this OrdHaAGe,are-n-tne-same OWAOFSNPOH99Or8: OA the-date-of a49PH9P-OFamoREOFNS-Ordinance, andifthese EAmaaym.. equremenlsOHInSOrdinane.ne lots shall be combinasioineswntnsosasybo-maat the-requirements, except: wn9.n9anNgu9us9EIAoNbdnisia:2wase the-lots abut only-ata ponser3)e-sweeiwwaieanooasingnapoed  subdwAsion-plan: D. Abandenment  any-9n99Afgmminge usei eahansonsferany-assafs gOOP-POPIS-OF more,anyswps9vantmPehaicobmsereguramants: of this-Ordinanee.  E. Change-ln-Use  AROnGORIOFmiAg use may9b9changasibanamohaaoRoabmng use. henevera RGA9AmRuS954changasbapa.sReSuseOFaUse; permitted by-special exception, the-use-shall not FM.9A9ASAoIangsaus,OoPH by MARSFamARSmaREOHS  Ordinance  5  21765282.1    2024 Amendments to the Town of South Thomaston, Maine  Land Use Ordinance  New language is shown as underlined. Deleted language is shown as slicken-through- AROACORIOFPIng weladlwdingeronsnbemingcucAusedN Hand, shall not-be extended Orexpanded ROPGFURCIALeyRe the boundaries-eFlandi int the same ewnership OA the dedecpionsram-aanw AnyadiNOneaReR conforming building OF shnvcureshalcampyngeans  F. Expansion-ofUse: OF Strueture  applicable the Shore Land Zening-Ordinance.  Section IV ADMINISTRATION A. Applications and Permits Issued  No building or other structure in excess of 100 square feet of ground coverage shall be erected, moved, added to, demolished, or structurally altered without al Building Permit Issued by the Code Enforcement Officer. Building permits shall also be required for fences oVeF4(exeept for vest@ekerdomeste eP-mag)aneswimming pools. No on-site construction activity shall occur prior to issuance of a Building Permit. No change or resumption of any use requiring a Building Permit shall occur prior to issuance of a Building Permit. No Building Permit shall be issued except in conformity with the provisions of this Ordinance. No Building Permit shall be required for clearing to allow surveys and soil tests, At fee schedule for building and use permits shall be established by the Selectboard. 1. Applications. All applications for Permits shall be in writing on forms provided by the Code Enforcement Officer. The permit applications may be updated by the CEO and attached to this document for convenience (see Attachment B). All applications for Building Permits shall include the location and dimensions of the proposed building or alteration and, as applicable, the proposed sewage disposal system as certified by a registered civil engineer or a plumbing inspector appointed by the Town. The application shall include any information lawfully required by the Code Enforcement Officer to determine conformance with this Ordinance; including, but not limited to: (a) name, address and contact information, including a phone number of the applicant and all other persons having a legal interest ini the property, and, when applicable, individual(s) hired by the applicant to manage or control such property; (b) the location of the premises for which a permit is sought by identification of town  and excavating for soil tests.  tax map number and street address; (c) the dimensions and acreage of the property;  (d) the identification of any other approvals required by the Town of South Thomaston, by any state or federal agency or department, ifany; (e) a copy of a site plan, drawn to a scale of approved by the Code Enforcement Officer, which identifies the boundary lines oft the property for which a permit is () the location of all existing and proposed buildings, structures and uses;  sought;  6  21765282.1    2024. Amendments to the Town of South Thomaston, Maine  Land Use Ordinance  New language is shown as underlined. Deleted language is shown as stricken-through- (g) when applicable (see Conditional Use), the location of all existing and proposed (h) the location and characteristics of all existing and proposed vegetation and or  parking areas and walkways and any other site improvements; fencing to be maintained for screening, when required  (see Conditional Use);  (i) when applicable (see Conditional Use), a site location map at a scale approved by the Code Enforcement Officer showing all adjoining residential uses and any schools, churches, cemeteries, family day care homes, small day care facilities, day care centers and public parks and play grounds; the location and characteristics of Qar nonrefundable application fee in accordance with the Town's fee schedule and an original and, if required for Planning Board review, eight (8) copies of the 2. Soils. Plumbing Permit. In all districts, no Building Permit for any building or structure which requires any form of plumbing, shall be issued until the applicant, or his agent, has secured a satisfactory soil analysis test and/or a Plumbing Permit in accordance 3. Procedure for Administering Permits. Within 35 days of the date of receiving a written application, the Code Enforcement Officer shall notify the applicant in writing either that the application is a complete application, or, if the application is incomplete, what specific additional material is needed to make a complete application. All permits shall be either approved or denied in writing within 35 days of receiving a completed appliçation including all information requested. Permits shall not be denied if the proposed use is found to be in conformance with the provisions of this Ordinance and any other applicable ordinances. Permits may be issued subject to reasonable conditions to ensure conformity with the purposes and provisions of this Ordinance. Ifa permit is denied, the reasons for the denial shall be stated in writing. An appeal to the Board of Appeals from an approval or denial of a permit shall be made within 30 days of the approval or denial.  all vehicular entrances and exits serving the property;  permit application, and all supporting documentation.  with the State Plumbing Code.  a. Permits issued by the Code Enforcement Officer. The Code Enforcement Officer shall approve or deny those completed applications on which he/she is empowered toact. Approval shall be granted onlyi if the proposed use is in conformance with the  provisions of this Ordinance or any other ordinance.  b.F Permits issued by the Planning Board. The Planning Board shall approve or deny those applications on which it is empowered to act as stated in this Ordinance. The Planning Board shall grant a permit, ifi it makes a positive finding based on the information presented toi it that, except as specifically exempted in this Ordinance, the proposed use meets all conditions, and is in conformance with the provisions of this Ordinance and all 4. Expiration. The permit shall be valid for a period of one year from the date of issuance and shall expire if the proposed activity is not started. Ifa substantial start is made within one year of the issuance of the permit, the applicant shall have one additional year to complete the project, at which time the permit shall expire. To start construction is to place  other ordinances.  7  21765282.!    2024 Amendments to the Town of South Thomaston, Maine  Land Use Ordinance  New language is shown as underlined. Deleted language is shown as stricken-through- forms for a foundation, or to begin erection or assembly of an addition, building or structure on the site. An extension of time to start construction shall be granted upon application to  and approval by the permit issuing authority for reasonable cause.  B. Code Enforcement Officer.  The Code Enforcement Officer shall report to the Planning Board at all Planning Board meetings, all applications and permits issued and any notifications of violations issued. It shall be the duty of the Code Enforcement Officer to enforce the provisions of this Ordinance. If the Code Enforcement Officer shall find that any of the provisions of this Ordinance are being violated, he/she shall notify, in writing, the person responsible for such violations, indicating the nature of the violations and specifying the action necessary to correct it. Helshe shall order discontinuance of illegal use ofl land, buildings, structures, additions, or work being done, or shall take any other actions authorized by this Ordinance toi insure compliance with or to prevent violation of its provisions. A copy of such notices shall be maintained byt the Code Enforcement Officer as a permanent record.  C. Legal Actions and' Violations.  When any violation of any provision of this Ordinance shall be found to exist, the Selectboard upon their own Initiative or upon notice from the Code Enforcement Officer or Planning Board, are hereby authorized and directed to institute any and all actions and proceedings, either legal or equitable including seeking injunctions of violations and impositions of penalties, that may be appropriate or necessary to enforce the provisions of  this Ordinance in the name of the Town of South Thomaston.  D. Penalties.  The penalties for violations of this Ordinance shall be as follows:  1. The minimum penalty for starting construction or undertaking land use activity without the required permit shall be $100.00 and the maximum penalty shell be 2. The minimum penalty for any other specific violation shall be $100.00 and the 3. Ina addition, violators may be ordered to correct or abate the violation. Ina all other respects, assessment of penalties under this Ordinance shall be in accordance with Title 38 MRSA, Section 429 and Title 30 MRSA, Section4966. Each day a violation continues may be counted as a separate offense. Assessment of penalties shall commence on the date of issuance of a Notice of Violation signed by the Code Enforcement Officer and/or Selectboard to the person in violation of this Ordinance. Return of the receipt indicating that the notice was undeliverable as addressed or otherwise not delivered to the person shall not in any respect Invalidate enforcement of this Ordinance or any penalties for violation thereof. In addition to the penalties provided herein, the Town may bring action in Superior Court to enjoin violation of this Ordinance and for such other relief as the law may provide. The Selectboard will periodically establish and publisha Schedule of Fees and Fines which will be attached to this document for convenience (see  $2500.00.  maximum penalty shall be $2500.00.  Attachment D).  8  21765282.1    2024 Amendments to the Town of South Thomaston, Maine  Land Use Ordinance  New language is shown as underlined. Deleted language is shown as stricken-through- Ifthe Code Enforcement Officer or Planning Board disapproves an application, or grants approval with conditions that are objectionable to the applicant or any abutting landowner or any aggrieved party, or when it is claimed that the provisions of the Ordinance do not apply, or that the true intent end meaning of the Ordinance has been misconstrued or wrongfully interpreted, the applicant, an abutting landowner, or aggrieved party may appeal the decision of the Code Enforcement Officer orl Planning Board in writing to the Board of The Board of Appeals shall hold a public hearing and an appellate review (see MRSA Title 30-A, paragraph 2691 or as amended), within 30 days of the appeal. Within 45 days after the hearing, or within such time as may be mutually agreed to, the board of Appeals shall The Board of Appeals may amend the Code Enforcement Officer's or Planning Board's decision only upon the finding that there has been an error in administrative procedures, or an error ini interpretation of the ordinance, or that the information provided to the Code Enforcement Officer or Planning Board was erroneous or incomplete. The case shall 1. Ifthe Board of Appeals finds errors in administrative procedure, the case shall be 2. Ifthe Board of Appeals finds errors ofi interpretation, the Board of Appeals may modify the interpretation or reverse the order of the Code Enforcement Officer or Planning Board but may not alter the conditions attached by the Planning Board. The case shall be referred back to the Code Enforcement Officer or Planning Board for rectification and changes in conditions shall be made by the Planning Board in 3. Ifthe Board of Appeals finds errors or omissions in information leading to the decision of the Code Enforcement Officer or Planning Board, the case shall be An appeal may be taken within 30 days after any decision is rendered by the Board of Appeals by any party, including the Planning Board, to Superior Court, in accordance with  E. Appeals  Appeals within 30 days of the decision.  issue a decision.  continue as follows:  referred back to the Officer or Board for rectification.  accordance with the Board of Appeals' interpretation. referred back to the Officer or Board for rectification.  State law. F.  Conditional Uses  Ab building, structure or lot of land may be employed for a Conditional Use if the Use is specifically allowed in the district in which the use is proposed; if the building, structure or lot of! land meets all required conditions and if a Conditional Permit is approved by the Planning Board. The Planning Board will periodically createlupdate a template (or checklist) for use in this review which will be attached to this document for convenience 1. Application for Conditional Use Permit. Application shall be made to the Code Enforcement Officer on forms provided for the purpose, accompanied by such fee as may  (see Attachment C).  be established by the Town. The applicant shall:  9  21765282.1    2024 Amendments to the Town of South Thomaston, Maine  Land Use Ordinance  New language is shown as underlined. Deleted language is shown as SHSKen-throug": a) Clearly specify the location of the proposed use, including street address, tax map and lot number, and a location map at a scale no smaller than the tax map; C) Submit such other information as will enable the Planning Board to determine that the standards for approval of a Conditional Use Permit have been met. 2. Additional Conditions. The Planning Board may, in order to carry out the purposes of the Conditional Use procedure, require additional conditions, specifications, criteria, and standards necessary' to protect the public interest and to fit such uses harmoniously and compatibly into their neighborhoods and locations. Such conditions may  b) Describe the exact nature of the proposed use;  include, but are not limited to: (a) increased setbacks;  (b) specified water supplies or sewage disposal facilities, as well as the impact of the use on the quality and quantity of groundwater available to abutting properties, is comparable to that for surrounding uses, and the capacity of sewerage and water supply systems is adequate to accommodate the proposed use and, where applicable, the capacity of the storm drainage system is adequate to accommodate the proposed use. Any uses in fragile/sensitive areas, such as Spruce Head Island (c) type of vegetation, landscaping, planting screens, installation and maintenance ofe effective opaque fencing and to provide visual screening at least six feet in height to be located along side and rear property lines that abut properties in residential (d) periods and methods of operation, including types of services provided, clientele and populations to be served, staffing requirements, security provisions, hours of operation, anticipated parking demand and peak hour traffic; lighting; signs, markings and advertisement, the generation of noise, dust, odor, vibration, glare, smoke, litter and other nuisances in comparison to that generated by surrounding uses; that the proposed onsite use: shall not be of a character as to have significant adverse impact upon the value or quiet possession of surrounding properties. (e) routing of traffic, to include vehicular and pedestrian access and circulation to, from, into and within the site that will be safe and no public way will be overburdened or made hazardous as a result of the new use of and or development of the property; that vehicular access to the site will be on roads which have adequate capacity to accommodate the additional traffic generated by the development as certified by a licensed traffic engineer; and that topography of the site shall permit the construction of all driveways, entrances or proposed streets to meet the standards set forth int the South Thomaston Land Use Ordinance or () professional and safe operation consistent with the proposed use, including: provision of documentation and receipt of all approvals and licenses required by any and all government agencies of competent jurisdiction; that adequate facilities are present to assure the safety of pedestrians passing by or through the site; that municipal or other facilities serving the proposed use will not be overburdened or  should consider how groundwater will be impacted;  use;  applicable State of Maine standards;  10  21765282.1    2024. Amendments to the Town of South Thomaston, Maine  Land Use Ordinance  New language is shown as underlined. Deleted language is shown as stricken-through- made hazardous; and the ability of the fire department to provide necessary protection services to the site and development is adequate; (g) the size and character of proposed use is reasonably comparable to the size of surrounding uses; and unusual physical characteristics of the site, including size of the lot, shape of the lot, topography, and soils, do not aggravate or cause adverse impacts upon surrounding properties (especially int fragile/sensitive areas such as  Spruce Head Island);  (h) maintenance and inspection of sewage disposal facilities;  () and other required performance guarantees as specified in the application review Such conditions imposed, and the reasons therefore, shall be written as part of those permits issued by the Planning Board which may involve additional conditions. 3. Procedure. The Planning Board shall follow the following procedure in considering Conditional Use: A quorum of at least three members shall be present to consider a Conditional Use. The secretary of the Board shall maintain a record of all meetings, including a transcript, if any, and exhibits or documents submitted regarding Conditional Uses, which shall be a public record. The Board may receive oral or documentary evidence regarding the requested Conditional Use; each party having the right to submit rebuttal evidence, conduct cross-examination and to be represented by legal counsel. Notice of any decision shall be mailed to the applicant and the Code Enforcement Officer within seven days of the decision. 4. Duration of Conditional Use Permits. Provided all conditions and standards of approval are met, a Conditional Use Permit shall be a permanent grant of permission  process.  and shall "run with the land".  G. Variances  1. Application. Application for a variance from specifications in this Ordinance is to be made to the Board of Appeals, following the requirements for Conditional Uses. 2. Procedure. The Board of Appeals shall follow the procedures set forth in MRSA 3. Variances Limited. A variance may be granted only for dimensional requirements. A use not allowed in a district may not be granted by variance. Furthermore, the applicant must show that the strict application oft the terms of this Ordinance would create an undue a) That the land in question cannot yield a reasonable return unless a variance is b) That the need for a variance is due to the unique circumstances of the property and c) That the granting of a variance will not alter the essential character of the locality; d) That the hardship is not the result of action taken by the applicant or a prior owner.  Title 30, $2411, "Board of Appeals".  hardship on the applicant. The term "undue hardship" shall mean:  granted;  not to the general conditions in the neighborhood;  11  21765282.1    2024 Amendments to the Town of South Thomaston, Maine  Land Use Ordinance  New language is shown as ynderlined. Deleted language is shown as stricken-through- Before granting any variance, the Board of Appeals may refer the application to the Planning Board for an informational report concerning the effect of the request on the surrounding area and any other pertinent data in respect of the Comprehensive Plan of 4. Duration of Variance. A Variance Permit shall be a permanent grant of permission  South Thomaston.  and shall "run with the land". Section' V DISTRICTS A. General  Land uses and activities involving minimal structural improvements or alteration of the land are allowed in all districts and shall not, unless specifically required by this Ordinance, require permits from the Code Enforcement Officer. These activities include, but are not limited to: hiking, hunting, snowmobiling, harvesting of wild crops, wildlife management and observation, fire prevention activities, surveying, mineral exploration, trail construction and maintenance, emergency operations, home maintenance and gardening. Such activities  shall conform to applicable state and federal laws and regulations.  1. District Definitions  Villages Village Extension Rural -1 Rural -2 Shoreland  Spruce Head, Spruce Head Village and Keag Village (including specific areas abutting the old Village area) Village areas designated for multifamily, affordable  housing on smaller lots least restrictive rural, agricultural, open space the Shoreland Zoning Ordinance.  - there is a separate Shoreland Zoning Ordinance. Any use within the Shoreland Districts shall conform to the standards of  2. Purposes of Districts Villages District  This district is to establish and preserve residential village areas while encouraging continued low impact mixed use businesses following traditional development patterns and  maintaining historic characteristics. Village Extension (VE) District development on smaller lots. Rural . 1 District  This district is to promote affordable housing near existing village areas by allowing  This is the least restrictive district to allow for moderate income housing and a variety of land uses, but discourages high-density large-scale suburban type development.  12  21765282.1    2024 Amendments to the Town of South Thomaston, Maine  Land Use Ordinance  New language is shown as underlined. Deleted language is shown as slricken-through- This district is meant to preserve the rural/agricultural character, the sweeping beautyand coastal heritage of South Thomaston. Allows lower density residential development,  Rural 2District  conservation and open space subdivisions. B. Table of Land Uses Key YES CEO PB NO District Use  Use Allowed, No Permit Required  Use Allowed, Permit Required (issued by Code Enforcement Officer) Use Allowed by with conditions (granted by the Planning Board)  Use Prohibited  Note: All land uses not allowed by this Ordinance are prohibited.  V  VE R-1 R-2  Accessory Use or Structure Additions (in excess of 100 square feet ground coverage) Agricultural Land Management Bed and Breakfast, Tourist Home Campground Campsites (ndividualprivate) Cemetery Church Commercial" Less than 10,000 sq. ft. Greater than 10,000 sq. ft. Day Care Center Forest Management Home Occupation Industrial Uses Inn, Lodge, Motel* Institutional Uses Junkyard or Automobile Graveyard Manufactured Home Marine-Oriented Use Mobile Home Mobile Home Park Multi-family Dwelling Municipal Use Medical Facilities Other Than Professional Office Use Outpatient Addiction Treatment Clinics Professional Office Public Utility Recreation (non-commercial) Restaurant School, Public or Private Single Family Dwelling Solar Energy System: Large Scale Solar Energy System Large Scale Solar Energy System (for municipal use) Small Scale Solar Energy System Small! Scale Solar Energy System  CEO CEO CEO CEO CEO CEO CEO CEO YES YES YES YES CEO CEO CEO CEO YES YES YES YES CEO CEO CEO CEO  PB NO  PB NO  PB PB  PB PB  PB NO PB PB NO PB PB NO PB NO NO NO NO PB PB PB PB PB NO PB BP 13  PB NO PB PB NO PB PB NO PB PB PB NO NO PB PB PB PB PB NO PB BP  PB PB PB PB PB PB PB PB PB NO PB PB PB PB PB PB PB PB PB PB BP  PB NO PB PB NO PB PB NO PB NO PB NO NO PB PB PB PB PB NO PB BP  YES YES YES YES  CEO CEO CEO CEO CEO CEO CEO CEO CEO CEO CEO CEO  CEO CEO CEO CEO  YES YES YES YES  21765282.1    2024 Amendments to the Town of South Thomaston, Maine  Land Use Ordinance  New language is shown as underlined. Deleted language is shown as SHCKen-throug":  (commercial) Two Family Dwelling Uses similar to allowed Uses Uses similar to uses requiring a CEO permit Uses similar to uses requiring al PB permit  CEO CEO CEO CEO CEO CEO CEO CEO CEO CEO CEO CEO  PB  PB  PB  PB  *Inn, Lodge, Motel not allowed on Spruce Head Island  *The area of a Commercial Use shall be determined by the Planning Board and shall include all areas of the parcel and any contiquous parcels actively used in support of a commercial use, including but not limited the footprint of buildings, outdoor seating, display or storage areas, and parking areas.  14  21765282.1    2024 Amendments to the Town of South Thomaston, Maine  Land Use Ordinance  New language is shown as underlined. Deleted language is shown as slrisken-through.  C. Table of Dimensions  District Dimension Unit  V 1 ACRE ACRE  VE 1/2  R-1  R-2  Minimum Lot Area Per Dwelling  1ACRE 1ACRE  TheCEO may- S5WBapormira: secend dwelling unit s-Eaw. ewisingeonsiainis: in Maine State Statutes can be met; Guch-as-20,900- squarefeet Asasodslinguntan: a suecessful seplic-system- MSPMAMPIPIN X9P19A101n9abov9: 0o---w--s-a Notwithstanding these requirements, additional dwelling units may be permitted as a. Up to four dwelling units may be constructed on any vacant property located in b. Up to two dwelling units may be constructed on any vaçant property located in In any district, up to two additional dwelling units may be constructed on any property on which one dwelling unit currently exists, with one additional dwelling unit within or attached to the existing structure or one additional  size-requirements.) follows:  the VE District; any other district: and  detached dwelling unit, or one ofe each.  Additional dwelling units permitted in accordance with this section must satisfy the a. All additional dwelling units shall be subject to the same dimensional and setback a. The owner or applicant must provide written verification, in accordance with 30- AM.R.S.A. $-4364-A(4) and anyrules or regulations adopted pursuant thereto, that each additional dwelling unit is or will be connected to adequate water and b. The dwelling unit(s) must be located on a property that complies with the minimum lot size requirements of12 M.R.S.A. C. 423-A (see Attachment E):  following standards:  requirements as single-family dwellings;  wastewater services: and  Properties with multiple Uses must comply with the most restrictive lot size.  Industrial Uses Campgrounds  3ACRES 3ACRES 3ACRES  All Other Non-Residential Uses  1  1  ACRE ACRE 1ACRE 1ACRE  15  21765282.1    2024 Amendments to the Town of South Thomaston, Maine  Land Use Ordinance  New language is shown as underlined. Deleted language is shown as SHPCKOR-IAFOug:  Maximum Building Height (Feet) Residential Commercial/industral/Agricultural  35 50  35 50  35 50  35 50  Building Height is the vertical measurement from a point on the ground at the mean finished grade adjoining the foundation as calculated by averaging the highest and lowest points around the building or structure, to the highest point of the building or structure, excluding incidental protrusions such as chimneys, ventilators, antennas and  flagpoles.  Corner Clearance (Feet)  40  40  40  40  Corner Clearance for purposes of traffic safety, shall apply to all intersections of public roads with private roads or driveways. No structure other than a mailbox may! be located, nor may any vegetation, other than deciduous shade trees, be maintained above the height of three feet above street level within forty feet of the center of the  intersection. A. Purpose  Section VI GENERAL PERFORMANCE STANDARDS  The standards contained in this Section are intended to allow various uses to be accommodated without detriment to neighboring uses and properties.  B.  Campgrounds:  Campgrounds shall conform to the minimum requirements imposed under State (1) Campgrounds shall contain a minimum of five thousand (5,000) square feet ofland, not including roads and driveways, for each site. Land supporting wetland vegetation, and land below the normal high-water line of a water body shall not be (2) The areas intended for placement of a recreational vehicle, tent or shelter, and utility service buildings shall be set back a minimum ofs seventy-five (75) feet, horizontal distance, from the normal high-water line of a water body, tributary stream, or upland  licensing procedures and the following:  included in calculating land area per site.  edge ofa wetland.  C. Campsites individua/private):  Individual private campsites not associated with campgrounds are allowed for temporary habitation, provided the following conditions are met (note: recreational vehiçles, tents or similar shelters stored or parked and not normally used for habitation (less than 7 (1) Only one recreational vehicle shall be allowed on a campsite. The recreational vehicle shall not be located on any type of permanent foundation except for a gravel pad, and no structure except a canopy shall be attached to the recreational vehicle. (2) A written sewage disposal plan describing the proposed method and location ofs sewage disposal shall be required for each campsite and shall be approved by the  consecutive days) is not restricted by this ordinance):  16  21765282.1    2024 Amendments to the Town of South Thomaston, Maine  Land Use Ordinance  New language is shown as underlined. Deleted language is shown as BHPCKEP-IAFOugA: Local Plumbing Inspector. Where disposal is off-site, written authorization from the (3) When a recreational vehicle, tent or similar shelter is plaçed on-site, for habitation, more than one hundred and twenty (120) days per year, all requirements for residential structures shall be met, including the installation ofa a subsurface sewage disposal system in compliance with the State of Maine Subsurface Wastewater Disposal.  receiving facility or land owner is required.  D.  Lighting:  All exterior lighting shall be shielded to prevent direct glare on adjoining residential  property or public rights of way. Industrial Uses: adjacent residential lots.  E.  All outdoor storage of materials, products or vehicles shall be screened from view from  F.  Off-Street Parking and Loading Standards:  1. Applicability. For all new construction, additions and changes of use, there shall be provided off-street parking and loading space adequate for their use, according 2. Standards. No off-street parking lot shall have more than two entrances on the same street. Parking lots with more than four spaces shall be arranged so that vehicles can be turned around within such area and are prevented from backing into the street.  to the following standards.  Use Residential Uses  Number of Off-Street Spaces Required At least Ttwo parking spaces for the first dwelling unit on a lot, and one additional parking space for each additional dwelling unit on the lot. excluding AddHgnalccessory Dwelling Units. See Subsection (J)for parking requirements applicable to Affordable Housing Developments. Sufficient parking spaces, as determined by the Code Enforcement Officer or the Planning Board, to eliminate the necessity of on-street parking. Sufficient loading bays sO arranged that no truck, trailer or container need be loaded or stored sO as  Any Land Use  Any Use Requiring Loading Bays for Trucks, Trailers or Containers G Treatment Clinics  too obstruct a public way  Location Criteria and Public Safety Standards for Outpatient Addiction Applicants for a permit pursuant to Section IV, Subsection G., and this subsection, must demonstrate to the satisfaction of the Planning Board that all the standards contained in  17  21765282.1    2024 Amendments to the Town of South Thomaston, Maine  Land Use Ordinance  New language is shown as underlined. Deleted language is shown as slricken-through- this Ordinance, and set forth as additional conditions, are met. No clinic may be located within 1,000 feet of any church, cemetery, school, family day care home, day care center, or public park or playground. Aminimum of two meetings per calendar year shall be conducted at the clinic with the applicant, the Code Enforcement Officer, the Sheriff ofk Knox County and the Chief of the Maine State Police and or their designee, in order to  establish and maintain professional cooperation. H. Solar Energy Systems  All Solar Energy Systems, where permitted, shall meet the following performance  standards:  1. Dimensional Requirements. attached to the ground. feet from all property lines.  A. No Solar Energy System may exceed 25 feet in height if structurally B. Large-Scale Solar Energy Systems must be set back no less than 50 2. Screening, Security, Maintenance and Regulatory Compliance (Large- Scale Solar Energy Systems) Large-Scale Solar Energy Systems shall meet  the following additional performance standards at all times.  A. The System shall be reasonably buffered from roads and residences by plantings, berms, or natural topographical features. B. The System shall be protected by a perimeter fence. One or more signs shall be affixed to the fence identifying the owner of the facility and C. For purposes of emergency services, the owner or operator of the System shall provide a copy of the project summary, electrical schematic, and site plan to the South Thomaston Fire Chief. Upon request, the owner or operator shall cooperate with the Fire Department in developing an Emergency Response Plan. All means of shutting down the system shall be clearly marked on the plan. The owner or operator shall identify a responsible person to the Code Enforcement Officer and the Fire Chief for public inquiries throughout the life of the installation. D.7 The owner or operator of the System shall maintain the facility in good condition. Maintenance shall include but not be! limited to, painting, structural repairs, vegetation control and integrity of security measures. Site access shall be maintained to a level acceptable to the South Thomaston Fire Chief. The owner or operator shall be responsible for the cost of maintaining the access road(s) unless the road(s) is accepted as a E. The owner or operator of the System shall build and maintain iti in compliance with all relevant Federal, State and Local Laws, Regulations,  emergency contact information.  public way.  and Ordinances.  18  21765282.1    2024 Amendments to the Town of South Thomaston, Maine  Land Use Ordinance  New language is shown as underlined. Deleted language is shown as stricken-through- 3. Performance Guarantee: After Planning Board approval but before a permit is issued, the applicant for a Large Scale Ground Mounted Solar Energy System shall submit to the Town of South Thomaston a performance guarantee in the amount of 150% of the applicant's estimated demolition cost of the system, subject to a review and approval of such cost by the Code Enforcement Officer. The applicant may apply to the Code Enforcement Officer for release oft the guarantee at such time that it ori its assignees remove the system and associated abandoned structures in accordance with this Ordinance and any decommissioning plan provided to the Town, and such completed removal is found to be satisfactory by the Code Enforcement Officer.  4. Decommissioning and Removal  A. Any Large-Scale Solar Energy System that has reached the end ofi its useful life, ceases to generate power or has been abandoned shall be removed. For Large-Scale Solar Energy Systems, removal shall be conducted pursuant to a plan approved by the Planning Board during the application process. The owner or operator shall complete removal of the installation within 180 days after the date of discontinued operations. For Large-Scale systems, the owner or operator shall notify the Code Enforcement Officer by certified mail, return receipt requested, of the date of the discontinued operations and plans for removal. B. Decommissioning shall consist of:  (1) physical removal of all solar energy systems, structures, equipment, security barriers and transmission lines from the site; (2) disposal of all solid and hazardous waste in accordance with Local, State and Federal waste disposal regulations; and (3)s stabilization or re-vegetation of the site as necessary to  minimize erosion.  The Code Enforcement Officer may allow the owner or operator to leave landscaping or designated below-grade foundations to minimize erosion C.A Absent a notice of a proposed date of decommissioning or written notice of extenuating circumstances, Large Scale Ground Mounted Solar Energy Systems shall be considered abandoned when it fails to generate electricity for more than one year without having first obtained the written consent oft the Code Enforcement Officer. Determinations of abandonment shall be made by the Code Enforcement Officer. D.I Ift the owner or operator of a Large-Scale Ground Mounted Solar Energy System fails to remove the instalation in accordance with the requirements of this section within 180 days of abandonment or the date of decommissioning, the Town of South Thomaston retains the right to use the performance guarantee and any and all legal or available means necessary to cause an abandoned, hazardous or decommissioned solar  and disruptions to vegetation.  19  21765282.    2024. Amendments to the Town of South Thomaston, Maine  Land Use Ordinance  New language is shown as underlined. Deleted language is shown as Hcken-throug":  energy system to be removed. Any removal costs not covered by a performance guarantee shall be chargeable to the owner and/or operator, and any legal fees or other costs of collection shall be payable by the  owner and/or operator. Accessory Dwelling Units  I.  Accessory dwellings shall be subject to Code Enforcement Officer review and shall be  permitted subject to the following standards:  1. The accessory dwelling unit may be constructed in any district in which residential uses are permitted and may be located within an existing dwelling. attached to an existing single-family detached dwelling unit or as a separate 2.The accessory dwelling unit shall be subject to the same permitting requirements as a dwelling, unit ifl located within or attached to an existing dwelling, or a single-family detached dwelling, ifc constructed as a separate 3.No morc than onc acccssory dwelling unit may be located on any propertyon 4. Density and lot size requirements otherwise applicable to the district in which the accessory dwelling unit is located shall not apply to the accessory dwelling unit: if two or more principal dwelling units will be located on a single lot, the 5.The accessory dwelling unit shall be subjcct to thc samc setback requircments 6.) No additional parking shall be required for any accessory dwelling. 7.The accessory dwelling unit shall be at least 190 square feet in sizc and no more than 865 square feet or 66 % oft the square footage oft the principal dwelling, 8.N No permit for an accessory dwelling unit may issue until the applicant has provided written verification that the accessory dwelling unit will have adequate connection to water and wastewater services. as required by 30-A M.R.S.A  accessory building.  building.  which a single-family detached dwelling already exists.  dimensional requirements in Section V(C) apply. applicable to an accessory building.  whichever is less.  $4364-B(7). as amended. Affordable Housing Developments  J.  In the Village Extension (VE) District, an affordable housing development may be allowed at least 2.5 times the base density otherwise permitted within the district in  20  21765282.1    2024 Amendments to the Town of South Thomaston, Maine  Land Use Ordinance  New language is shown as underlined. Deleted language is shown as stricken-through- which it is located and may not be required to provide more than two off-street parking spaces for every three dwelling units. In calculating the allowances permitted under this Section, any fractional result shall be rounded down to the nearest whole number. These allowances shall be granted to any such affordable housing development that satisfies the 1. The affordable housing development is located on a property on which multiple 2. The affordable housing development is located on a property that complies with the minimum lot size requirements of 12 M.R.S.A. C. 423-A see Attachment E: 3. The owner or applicant must provide written verification, in accordance with 30- AM.R.S.A. S4 4364-A(4) and any rules or regulations adopted pursuant thereto, that each dwelling unit is or will be connected to adequate water and wastewater 4. Asa a condition of final approval, the owner or appliçant must execute and record in the Knox County Registry of Deeds a restrictive covenant, in the form ofa deed or other recordable instrument, satisfying the following criteria: A. The restrictive covenant must be enforceable by the Town ora party  olowingperiomane standards:  family dwellings are permitted;  services; and  acceptable to the Town; least 30 years;  B. The restrictive covenant must remain in full force and effect forar period ofat .Ther restrictive covenant must provide for the following restrictions on the use ofthe property: (I) for dwelling units offered for rent, that all dwelling units designated as affordable shall be occupied by families whose aggregate income is equal to or less than 80% oft the local area median income at the time ofi initial occupancy; and (2) for dwelling units offered for sale. that all dwelling units designated as affordable shall be occupied by families whose aggregate income is equal to or less than 120% of the local area median income at the time ofinitial occupancy. Ifthis definition is in conflictw with 30-A MR.S.S43640D) as it may be amended, the definition set forth in said D.3 The restrictive covenant must provide for reporting to the Town ofa all initial  statute shall control: and sales or all rents.  21  21765282.1    2024 Amendments to the Town of South Thomaston, Maine  Land Use Ordinance  New language is shown as underlined. Deleted language is shown as streken-throug. All words not defined herein shall carry their customary and usual meanings. Words used in the present tense shall include the future. Words used in the singular shall Abutting Property: Any lot which is physically contiguous with the lot in question even if only at a point and any lot which is located directly across a public street or way  Section VII DEFINITIONS  include the plural, and vice versa.  from the lot in question.  Accessory Use or Structure: A use or structure which is incidental and subordinate to the principal use or structure. Accessory uses, when aggregated shall not subordinate the principal use oft the lot. Adeck or similar extension of the principal structure or a garage attached to the principal structure by a roof or common wall is Accessory Dwelling Unit: A self-contained dwelling unit, featuring living, cooking and bathroom facilities. designed for and occupied by not more than one (I) family and located within, attached to or detached from a single-family dwelling. Affordable: means (1) for dwelling units offered for rent, a dwelling unit for which a family whose aggregate income is less than 80% of the median income for the area would spend no more than 30% ofits monthly income on housing costs; and (2) for dwelling units offered for sale or permanent ownership. a dwelling unit for which a family whose aggregate income does not excecd 120% oft the median income for the area would spend no more than 30% ofits monthly income on housing costs. For purposes ofthis definition, "median income for the area" is defined by the United States Department of Housing and Urban Development under the United States Housing Act of1937, Public Law 75-412, 50 Stat. 888, Section 8, as amended. For purposes oft this definition, "housing. costs" include but are not limited to the cost of rent and utilities paid for rental dwelling units and the cost of mortgage principal and interest. real estate taxes and assessments. private mortgage insurance. and condominium and homeowners'  considered part of the principal structure.  association fees for dwelling units offered for sale.  Affordable housing development: One or more dwelling units on a single property that are offered for rent or sale, provided that at least 51% of such dwelling units are Agricultural Land Management: Those devices and procedures utilized ini the cultivation of land to further crop, silvicultural and livestock production. Automobile Graveyard: A yard, field or other outdoor area used to store 3 or more unregistered or uninspected motor vehicles, as defined in Title 29-A, section 1010, subsection 42, or parts of the vehicles. This includes an area used for automobile  designated as affordable by the owner or developer.  dismantling, salvage and recycling operations. A. "Automobile graveyard" does not include:  22  21765282.1    2024 Amendments to the Town of South Thomaston, Maine  Land Use Ordinance  New language is shown as underlined. Deleted language is shown as Gleken-through-  a. An area used for temporary storage of vehicles or vehicle parts byan establishment or place of business that is primarily engaged in doing vehicle repair work to make repairs to render a motor vehicle serviceable. In order for a vehicle's storage to be considered temporary, it must be removed from the site within 180 calendar days b. An area used by an automobile hobbyist to store, organize, restore or display antique autos, antique motorcycles, classic vehicles, horseless carriages, reconstructed vehicles, street rods or parts of these vehicles as these vehicles are defined in Title 29-A, section 101 as long as the hobbyist's activities comply with all applicable federal and state statutes and rules and municipal ordinances, other than ordinances that are more restrictive than this subsection regarding the storage of vehicles or vehicle parts that are collected by a hobbyist to comply with the screening requirements in section 3754-A, subsection 1, paragraph A and the standards in sections 3754-A, subsection 5, paragraph B, subsection (1)and paragraph C. For the purposes of this subparagraph, an automobile hobbyist is a person who is not primarily engaged in the business of selling any of those vehicles or An area used for the parking or storage of vehicles, vehicle parts or equipment intended for use by a municipality, quasi-municipal entity d. An area used for the storage of operational farm tractors and related farm equipment, log skidders, logging tractors or other vehicles exempted from registration under Title 29-A, chapter 5; e. An area used for the parking or storage of vehicles or equipment being offered for sale by a dealer, equipment dealer, trailer dealer or vehicle auction business as defined in Title 29-A, section 851; f. An area used for the storage of vehicles by an establishment or place oft business that is primarily engaged in business as a new vehicle g. An area used for temporary storage of vehicles by an establishment or place of business that is primarily engaged in business as an insurance salvage pool. In order for a vehicle's storage to be considered temporary under this subparagraph, the vehicle must be removed from the site within 180 days of receipt oft title by the h. An area used for the parking or storage of operational commercial motor vehicles, special equipment or special mobile equipment as defined in Title 29-A, section 101 that is temporarily out of service but ise expected to be used by the vehicle or equipment owner or by an operator designated by the owner. This subsection does not exempt an area used for the parking or storage of equipment or vehicles that are not operational while stored or parked in the area.  of its receipt;  parts from those vehicles; or state or federal agency:  dealer as defined in Title 29-A, section 851;  business; or  Bed and Breakast,louristHome: An owner-occupied residential structure in which no more than six sleeping rooms are made available for a fee to overnight  travelers and which may provide guests with a morning meal.  23  21765282.1    2024 Amendments to the Town of South Thomaston, Maine  Land Use Ordinance  New language is shown as underlined. Deleted language is shown as slricken-through. Building: Any structure having a roof or partial roof supported by columns or walls used for the shelter or enclosure of persons, animals, goods or property ofany kind. A Campground: An area devoted to overnight recreational or educational use, where the land area is divided into lots or sites for which a charge is made; either on a short or Campsites (ndividuarprivate): An area of land which is not associated with a campground, but which is developed for repeated camping by only one group not to exceed ten (10) individuals and which involves site improvements which may include but not be limited to a gravel pad, parking area, fire place, or tent platform. Cemetery: means a graveyard; burial ground. Place or area set apart for interment oft the dead. Term includes not only lots for depositing the bodies of the dead, but also avenues, walks, and grounds for shrubbery and ornamental purposes. Church: Any place of worship, regardless of denomination.  building shall include a multi-family dwelling.  long term basis by sale, rent, lease or condominium type of financing.  Commercial Use: The use of lands, buildings or structures, other than a "home occupation", defined below, the intent and result of which activity is the production of income from the buying and selling of goods and/or services, exclusive of rental of residential buildings and/or dwelling units. This Use includes Small Scale Solar Energy Community Living Arrangement: A housing facility for 8 or fewer persons with disabilities that is approved, authorized, certified by the State. A community living arrangement may include a group home, foster home or immediate care facility. "Disability" has the same meaning as the term "handicap". A community living arrangement is deemed a single-family use of property for the purposes of zoning. Comprehensive Plan: Any part of the overall plan or policy for the development of Day Care Center: A state-licensed facility for the daytime care or instruction of more than three pre-school or school aged children, exclusive of children who are residents of Developed Area: Any area on which a site improvement or change is made, including buildings, landscaping, parking area, roads and other areas not revegetated. Driveway: Ap private vehicular entrance from a road or right-of-way. Dwelling Unit: A room or group of rooms designed and equipped exclusively for use as living quarters for one family, including provisions for living, cooking and eating. Elderly Congregate Housing: A type of multi-family dwelling, including multiple individual rooms or dwelling units to be occupied by elderly persons as a residential shared living environment. Such housing will normally include small individual apartments, shared community and dining facilities, housekeeping and personal  Systems used for commercial purposes.  the town. the home.  24  21765282.1    2024 Amendments to the Town of South Thomaston, Maine  Land Use Ordinance  New language is shown as underlined. Deleted language is shown as elricken-through- services, and specialized services such as medical support services and physical Expansion of a Structure: An increase in the footprint of a structure, including all extensions such as, but not limited to, attached decks, garages, porchesand  therapy.  greenhouses.  Expansion of a Use: The addition of weeks or months to a use's operating season, additional hours of operation, an increase in floor area or ground area devoted toa particular use. or any change that will result in materially increased traffic or other Family: One or more persons occupying a dwelling unit and living as a single housekeeping unit, as distinguished from a group occupying a boarding home, rooming Family Day Care Home: means child care for three to 12 children under 13 years of age (not related by blood or marriage to, or legal wards of, the operator or foster children living in the private family residence; i.e., dwelling unit, serving as the day care home) who are unattended by parents or guardians for any part of the day. At family day care home shall be operated by a person who is domiciled and a resident within the private family residence, and who is the holder of all necessary licenses and permits from the Forest Management: Timber cruising and other forest resource evaluation activities, management planning activities, insect and disease control, timber stand improvement, pruning, timber harvesting and other forest harvesting, regeneration of forest stands and other similar associated activities, but not the construction or creation Home Occupation: An occupation or profession which is customarily conducted on orina a residential structure or property and which is 1) clearly incidental to and compatible with the residential use of the property and surrounding residential uses; and 2) which employs no more than two (2) persons other than family members residing in Industrial: The assembling, fabrication, finishing, manufacturing, packaging, or Inn, Lodge, Motel: Abuilding or group of buildings designed and equipped for use as temporary living quarters which may include provisions for living space, cooking, Institutional: A building used for some public, governmental, educational, Junkyard: A yard, field or other outside area used to store, dismantle or otherwise  impacts from the use.  house, or motel  State of Maine and/or the Town of South Thomaston.  ofroads.  the home.  processing of goods or the extraction of minerals.  eating and bathing.  charitable, medical or other similar purpose.  handle:  25  21765282.1    2024. Amendments to the Town of South Thomaston, Maine  Land Use Ordinance  New language is shown as underlined. Deleted language is shown as slricken-through- a) Discarded, worn-out or junked plumbing, heating supplies, electronic ori industrial c) Old or scrap copper, brass, rope, rags, batteries, paper trash, rubber debris, waste and all scrap iron, steel and other scrap ferrous or nonferrous material. Manufactured Home: A residential dwelling unit designed for transportation, after fabrication, in two or more units, by truck or trailer, on streets or highways, to the site where iti is to be located on a slab or other foundation and which is, after joining of the units, placement on the foundation, and connection of utilities, complete and ready for Marine-Oriented Use: Any non-residential use requiring or substantially benefiting from location on, over or directly adjacent to tidal waters, including, but not limited to: marinas, boat and ship yards, marine related retail and service establishments, launching ramps and facilities, wharves, piers, dealers in sea foods, and aquacultural Mobile Home: AC detached residential dwelling unit designed for transportation, after fabrication, in one or more units, each on its own chassis, on streets or highways, to the site where it is to be located on a slab or other foundation and which is, after joining of the units, placement on the foundation, and connection of utilities, complete and ready Mobile Home Park. "Mobile home park" means any parcel of land under single or common ownership or control which contains, or is designed, laid out or adapted to Multi-family Dwelling: A building containing three or more attached dwelling units. Municipal Use: A use of land, structure or building owned or controlled by the Town of South Thomaston or any district, agency or commission thereof, which serves a public Outpatient Addiction Treatment Clinic: means a program or facility operated for the purpose of and specializing in the care, treatment and/or rehabilitation of persons suffering with addictions, including, but not limited to gambling addiction, alcohol or controlled substance addictions. This includes, but is not limited to, substance abuse treatment programs licensed by the State of Maine Department of Behavioral and Developmental. Services Office of Substance Abuse. An outpatient addiction treatment clinic does not include an inpatient or residential addiction treatment program, ora program consisting solely of support group activities without treatment by licensed health practitioners, such as Alçoholics Anonymous, Narcotics Anonymous, and similar Parking Space: An area not less than nine feet wide and eighteen feet long, not including the access thereto, accessible from streets, and usable for the storage or parking of passenger vehicles. A parking space to accommodate the handicapped shall be an area not less than twelve feet wide and eighteen feet long. A parking space may  equipment, househoid appliances and furniture; b) Discarded, scrap and junked lumber; or  occupancy.  facilities.  for occupancy.  accommodate 2 or more mobile homes.  purpose.  programs.  be on an open lot or within a building.  26  21765282.1    2024 Amendments to the Town of South Thomaston, Maine  Land Use Ordinance  New language is shown as underlined. Deleted language is shown as slisken-through- Permitting Authority: The authority (Code Enforcement Officer or Planning Board) designated as the reviewing authority for a particular use or structure, as set forth in the Professional Office: Any building which houses the business office of a person or Public Park or Playground: means an area of land or ground, whether enclosed or not, set aside for pleasure, historical markers and monuments, child-play and/ or Public Utility: Those essential, public services, such as, but not limited to, water, electricity, telephone, gas and transportation, whether publicly or privately owned, which are regulated by the Maine Public Utilities Commission, the Maine Department of Transportation, or the Federal Communications Commission. The provisions of this Ordinance shall apply to those buildings and structures located outside of public rights of way, but shall not apply to those facilities, either above or below ground, lying wholly Recreation: Non-commercially operated recreational facilities open to the general public including, but not limited to, playgrounds, parks, monuments, green strips, open space, mini parks, athletic fields, boat launching ramps, piers and docks, picnic grounds, swimming pools, and wildlife and nature preserves, along with any necessary accessory facilities, rest rooms, bath houses, and the maintenance of such lands and facilities, but Restaurant: A place for the serving of prepared food and beverages to the public. Restaurant shall not include a "fast food" restaurant serving primarily pre-prepared foods served over the counter or at a drive-up window for consumption off the premises. School, Public or Private: A place or institution for teaching and learning, which Solar Energy System: A facility whose primary purpose is to harvest energy by transforming solar energy into another form of energy or transferring heat from a collector to another medium using mechanical, electrical, or chemical means. A. Large Scale Solar Energy System: for purposes ofthis Ordinance: a solar energy system that has a physical size based on total airspace projected over the ground equal to or greater than 20,000 square feet; and is structurally attached to the ground. B. Small Scale Solar Energy System: for purposes of this Ordinance: (a) a solar energy system that has a physical size based on total airspace projected over the ground smaller than 20,000 square feet, or (b) is structurally attached to the roofof an existing or Structure: Anything constructed or erected with a fixed location on or ini the ground, or attached to something having a fixed location on or in the ground, excluding driveways, walkways, patios and other paved surfaces, and fences.  Table of Uses.  persons who supply a service to the public.  recreation of the public.  within public rights of way.  not including campgrounds.  teaches courses of study.  newly constructed building.  27  21765282.1    2024 Amendments to the Town of South Thomaston, Maine  Land Use Ordinance  New language is shown as underlined. Deleted language is shown as Stck-throug"  For Submission to the June 18, 2024 Town Meeting  South Thomaston Selectboard  f  Sugas Sue Snow  Attest at true copy  lni-laub Terri-Lynn Baines Town Clerk  28  21765282.1