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Adult Use Cannabis
A. The following uses as defined by this Chapter and under the “Cannabis Legalization Act” (28-B M.R.S.A. §§ 102 – 1504, as may be amended and successor provisions thereof) are hereby expressly prohibited in all Zoning Districts within the Town of Gray:

(1) Adult Use Cannabis Establishments, including:
(a) Adult Use Cannabis Cultivation Facility
(b) Adult Use Cannabis Products Manufacturing Facility
(c) Adult Use Cannabis Testing Facility
(d) Adult Use Cannabis Store

(2) Any other use not included within the uses above, as defined herein, that includes the sale or manufacturing of Adult Use Cannabis or Adult Use Cannabis Products and Cannabis Extraction.

B. This Section shall be construed to limit the use, possession, transport, cultivation, transfer or purchase of Adult Use Cannabis to the greatest extent permitted by the Cannabis Legalization Act (28-B M.R.S.A. §§ 102 – 1504, as may be amended from time to time and successor provisions thereof). Further, this Section shall be deemed to prohibit, and does hereby prohibit, attempts to circumvent its restriction on selling Adult Use Cannabis by persons or transferring or furnishing Cannabis or Cannabis
Concentrate without remuneration, in connection in any way with any lawful transaction under the guise of being a gift or an enhanced consideration for same.

C. Home cultivation of personal Adult Use Cannabis is permitted within the Town of Gray in all zones subject to the following restrictions:

(1) Persons cultivating Adult Use Cannabis must be 21 years of age or older;

(2) Cultivation of Adult Use Cannabis shall be limited to a total number of three (3) mature cannabis plants and twelve (12) immature cannabis plants on any one parcel or tract of land within the Town;

(3) Cultivation is only permitted on a parcel or tract of land within the Town on which the person cultivating Adult Use Cannabis is domiciled;

(4) Cultivation that occurs outdoors shall be sufficiently screened to ensure that plants are not visible from an abutting property or a public or private road or right of way; and
 

(5) Cultivation that occurs outdoors must meet all applicable setbacks required for structures under this Ordinance, and in no event shall outdoor cultivation be less than ten (10) feet from any lot line.

The limitations in this section shall apply per person domiciled on a parcel or tract of land and shall not apply to seedlings.

D. Nothing in this Section shall be construed to prohibit any lawful use, possession or conduct pursuant to the “Maine Medical Use of Cannabis Act” (22 M.R.S.A. §§ 2421 – 2430-B, as may be amended from time to time and successor provisions thereof).
Back Lot Access Easements
Back lots shall be permitted, provided they meet the following standards:
 
A. Access Requirements
 
1. A fifty (50 ft.) foot wide access shall be provided for back lots.

2. Said access shall be owned either in fee or by permanent easement and maintained by the back lot users.

3. Record of said access way shall be recorded as part of the deed of each back lot and shall be filed with the County Register of Deeds.

4. The access way entrance to a street shall conform to standards of the Subdivision Ordinance and shall be approved by the Code Enforcement Officer.

5. The issuance of a building permit for one or more dwelling unit(s) on a back lot shall in no way be construed to imply the acceptance of any access way for the purpose of maintenance, improvements or snow removal by the Town of Gray.

6. Creation of a subdivision requires compliance with the provisions of the Gray Subdivision Ordinance.

B. Lot Frontage Requirements
Frontage equal to the street frontage required for the zoning district shall be required along the access way.

C. Lot Size Requirements
 
1. Any back lot shall be equal to or greater than the minimum lot size required for the zoning district. Computation of minimum lot size area shall not include any portion of the area devoted to an access way for the lot across which the easement crosses and for the lot served by the easement.

2. The side lot line nearest and generally parallel to the road to which the back lot access way leads shall be equal to the street frontage required for the zoning  district.
Boat Storage
No vessel exceeding twenty-four (24) feet in length shall be stored or parked on any residential property unless the vessel is stored or parked so as to not violate the minimum front, rear, or side yards for structures. For the purposes of measuring vessel length, any permanently attached element of the vessel shall be included specifically including a bowsprit and/or stern step(s).
Cannabis, Medical
A. The following uses as defined by this Chapter and under the “Maine Medical Use of Cannabis Act” (22 M.R.S.A. §§ 2421 – 2430-B, as may be amended from time to time and successor provisions thereof) are hereby expressly prohibited in all Zoning Districts within the Town of Gray:

(1) Medical Cannabis Registered Dispensary
(2) Medical Cannabis Registered Dispensary Cultivation Facility
(3) Medical Cannabis Testing Facility
(4) Cannabis Food Establishment
(5) Medical Cannabis Manufacturing Facility
(6) Any other use not included within the uses above, as defined herein, that includes the harvesting, production, manufacturing, testing, or sale of medical cannabis.

B. Location Criteria
1. Registered Caregivers, Registered Caregiver Cultivation Areas and Caregiver Retail Stores shall only be located consistent with Table 402.5.3 of this Ordinance. Registered Caregivers, Registered Caregiver Cultivation Areas and Caregiver Retail Stores shall be conditional permitted uses in the zoning districts identified in Table 402.5.3 and shall be subject to Planning Board review and approval subject to the provisions of this Section 402.8.7 and Section 402.9.3 of this Ordinance.

2. In addition, no Registered Caregivers, Registered Caregiver Cultivation Areas or Caregiver Retail Stores, where permitted, shall be sited within one thousand feet (1,000') of any of the following preexisting uses:
a. A church, synagogue, or other house of religious worship;
b. A public, private or charter school;
c. An athletic field, park, playground, or recreational facility owned and/or operated by a public entity such as the Town or a school as defined in subsection (b) of this Section;
d. Any juvenile or adult halfway house, correctional facility, or substance abuse rehabilitation treatment center;
e. A licensed day care home or facility licensed by the State of Maine; or
f. A lot on which another Registered Caregiver, Registered Caregiver Cultivation Area or Caregiver Retail Store is sited; provided, however, that this subsection shall not preclude two Registered Caregivers who are members of the same household from sharing a cultivation area on the same lot. The 1,000-foot minimum separation distance between properties utilized for Registered Caregiver purposes shall be measured at their closest point between their lot  lines.

3. The 1,000 foot minimum separation distance for uses cited in Section 402.8.7.B.2, subsections a through e, shall be measured from the closest lot line where any such use(s) is occurring to any of the following:
a. Closest vehicular access to the property where the Registered Caregiver or Caregiver Retail Store is located; and b. Any area on the property utilized for Registered Caregiver or Registered Caregiver Cultivation Area or Caregiver Retail Store purposes.
 
4. In addition, no Registered Caregivers, Registered Caregiver Cultivation Areas, or Caregiver Retail Stores where permitted, shall be sited within five hundred feet (500’) of a lot located in any of the following Zoning Districts: see 402.8.7(B)(4) for a list of zoning districts.

5. The 500-foot minimum separation distance cited in Section 402.8.7.B.4 above shall be measured from the closest lot line of any parcel located in any Zoning District listed in subsections "a" through "l" to any of the following:
a. Closest vehicular access to a property where a Registered Caregiver or Caregiver Retail Store is located; and
b. Any area on the property utilized for Registered Caregiver, Registered Caregiver Cultivation Area, or Caregiver Retail Store purposes.

C. Hours of Operation
Registered Caregivers, Registered Caregiver Cultivation Areas and Caregiver Retail Stores may be open for business only between the hours of 8:00 AM and 8:00 PM, local prevailing time.

D. Signage and Advertising. See 402.8.7(D) for detailed information.
E. Security Measures. See 402.8.7(E) for detailed information.
F. Caregivers and Patients. See 402.8.7(F) for detailed information.

G. On-site Consumption of Medical Cannabis
The consumption, ingestion, or inhalation of Medical Cannabis on the premises of a Registered Caregiver must occur indoors.

H. Visibility of Activities; Control of Emissions; and Disposal Plan
1. All activities of Registered Caregivers, Registered Caregiver Cultivation Areas and Caregiver Retail Stores including, without limitation, cultivating, growing, processing, displaying, selling and storage, shall be conducted indoors.

2. No cannabis or paraphernalia shall be displayed or kept in a Registered Caregiver, Registered Caregiver Cultivation Area or Caregiver Retail Store so as to be visible from outside the premises.

3. Sufficient measures and means of preventing smoke, odors, debris, dust, fluids and other substances from exiting the premises of a Registered Caregiver, Registered Caregiver Cultivation Area or Caregiver Retail Store must be provided at all times. Sufficient measures shall be provided for the proper disposal
of all such materials, items and other substances in a safe, sanitary and secure manner and in accordance with all applicable federal, state and local laws and regulations.

4. Odor management. For all Registered Caregivers, Registered Caregiver Cultivation Areas and Caregiver Retail Stores, the odor of cannabis must not be perceptible at the exterior of the building at the premises of the Registered Caregiver, Registered Caregiver Cultivation Area or Caregiver Retail Store or at any adjoining use of the property. Registered Caregivers, Registered Caregiver Cultivation Areas and Caregiver Retail Stores must utilize and properly maintain appropriate ventilation and filtration systems to satisfy the odor standards contained herein. While these standards do not mandate any particular equipment specifications with regard to filtration, Registered Caregivers, Registered Caregiver Cultivation Areas and Caregiver Retail Stores are strongly encouraged to adopt best management practices with regard to implementing state-of-the art technologies in mitigating cannabis odor, such as air scrubbers and carbon filtration systems.

5. All Registered Caregivers, Registered Caregiver Cultivation Areas and Caregiver Retail Stores shall have in place an operational plan for proper disposal of cannabis and related byproducts.

I. Quiet Enjoyment
The cultivation, processing or sale of cannabis by Registered Caregivers or Caregiver Retail Stores shall not adversely affect the health or safety of residences or nearby properties through the creation of mold, mildew, dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or create a hazardous condition due to the use or storage of material, processes, products or waste.

J. Code Compliance
Registered Caregivers, Registered Caregiver Cultivation Areas and Caregiver Retail Stores must be in compliance with all State adopted codes applicable to municipalities, including, without limitation, National Electrical Code, Uniform Plumbing Code, National Fire Prevention Association (NFPA) Codes and Standards, and Maine Uniform Building and Energy Code.

K. Sale of Edible Products
No Edible Cannabis Products shall be sold, prepared, produced or assembled by a Registered Caregiver or Caregiver Retail Store, except in compliance with all operating and other requirements of state and local law and regulation, including, without limitation, food establishment licensing requirements and 22 M.R.S. §2152. Any goods containing Cannabis for human consumption shall be stored in a secure area, and all Cannabis must be labeled with a list of all chemical additives, such as non-organic pesticides, herbicides, and fertilizers used in the cultivation and production.

L. Other Laws Remain Applicable. See 402.8.7(L) for detailed information.
Cannabis, Retail
A. The following uses as defined by this Chapter and under the “Cannabis Legalization Act” (7 M.R.S.A. §§ 2441 – 2454, as may be amended and successor provisions thereof) are hereby expressly prohibited in all Zoning Districts within the Town of Gray:

1. Retail Cannabis Cultivation Facility
2. Retail Cannabis Establishment
3. Retail Cannabis Products Manufacturing Facility
4. Retail Cannabis Social Club
5. Retail Cannabis Store
6. Retail Cannabis Testing Facility

B. This Section shall be construed to limit the use, possession, transport, cultivation, transfer or purchase of Retail Cannabis to the greatest extent permitted by the Cannabis Legalization Act (7 M.R.S.A. §§ 2441 – 2454, as may be amended from time to time). Further, this ordinance shall be deemed to prohibit, and does hereby prohibit, attempts to circumvent its restriction on selling retail cannabis by persons or firms giving it away, nominally without charge, in connection in any way with any lawful transaction under the guise of being a gift or an enhanced consideration for same.

C. Nothing in this Section shall be construed to prohibit any lawful use, possession or conduct pursuant to the Maine Medical Use of Cannabis Act (22 M.R.S.A. 2421 – 2430-B, as may be amended from time to time).
Compliance with Codes and Ordinances
Permitted Uses and Conditional Permitted Uses in all districts shall conform to all applicable specifications and requirements of this Zoning Ordinance. A Plumbing Permit, Building Permit, and/or Certificate of Occupancy shall be required for all buildings, uses of land and buildings, and sanitary facilities, according to the provisions of this ordinance and all other applicable codes, ordinances, and laws of the Town of Gray and the State of Maine.
Continuation, Maintenance, & Replacement of Non-Conforming Structures and Uses  
1. Continuance, Enlargement, Reconstruction: Any legally existing non-conforming use or nonconforming structure may continue to exist but may not be extended, reconstructed, enlarged, or structurally altered except as specified below.

2. Transfer of Ownership: Non-conforming structures, non-conforming lots of record, and nonconforming uses may be transferred, and the new owner may continue the non-conforming use or continue to use the non-conforming structure or lot, subject to the provisions of this ordinance.

3. Restoration or Replacement: This ordinance allows the normal upkeep and maintenance of nonconforming uses and structures; repairs, renovations, or modernizations which do not involve expansion of the non-conforming use or structure; and such other changes in a non-conforming use or structure as Federal, State, or local building and safety codes may require. Any nonconforming use or structure which is hereafter 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 (1) year of the date of said damage or destruction, provided that:

a. The nonconforming dimensions of any restored or reconstructed structure shall not exceed the non-conforming dimensions of the structure it replaces;

b. Any non-conforming structure shall not be enlarged except in conformity with this ordinance and the Maine State Subsurface Wastewater Disposal Rules; and

c. Any non-conforming use shall not be expanded in area.

Nothing in this section shall prevent the demolition of the remains of any building so damaged or destroyed.
 
Discontinuance of Non-Conforming Uses
Discontinuance (Nonconforming Structures and Uses)
Discontinuance of the use of a legally existing non-conforming structure shall not constitute abandonment of the structure. Conforming use of the structure may be commenced at any time.
Dwelling Units on One Lot, Two or More
1. Subdivision approval is required as applicable.

2. For any property located partially or wholly within the Shoreland Zoning District, compliance with the standards established in Gray’s Shoreland Zoning Ordinance, Chapter 403, is required.

3. Compliance with State of Maine Subsurface Wastewater Disposal Rule (10-144 CMR 241) is required and in all cases, the SSWD system serving the dwelling units must meet First Time System criteria as established in the Maine SSWD Rule. Utilizing Replacement System or Expanded System criteria per 10-144 CMR 241 is prohibited.

4. Any one parcel containing two or more multifamily dwellings, two or more two-family dwellings, or any combination of buildings containing more than four dwelling units is a multi-family development and must be reviewed and approved in accordance with the Multifamily Development Standards, established in 402.10.14.

5. Accessory dwelling units, as established in Section 402.7.9, are permitted provided that applicable standards are met and maintained.

6. One Accessory Dwelling Unit per lot, as permitted per 402.7.9, shall be exempt from zoning density requirements as established in Table 402.5.4.A but shall be considered a dwelling unit for the purposes of the maximum number of dwelling units on a lot, per below.

7. If more than one accessory dwelling unit has been constructed on a lot, the lot is not eligible for any additional increases in density.

8. For parcels that do not contain an existing dwelling unit, a maximum of four dwelling units may be allowed in a designated growth area, or a maximum of two dwelling units may be allowed outside of a designated growth area, provided that all applicable dimensional standards are maintained, specifically including the minimum lot area per dwelling unit, impervious cover and setbacks, as established in Tables 402.5.4 A and B.

9. In any district where housing is permitted, a maximum of two (2) additional dwelling units may be allowed on a lot with one existing dwelling. The two (2) additional dwelling units may be comprised of one (1) additional dwelling unit within or attached to an existing structure or one (1) additional detached dwelling unit, or one of each. If the maximum of two dwelling units have been constructed on a lot as a result of the density allowance provisions of this section, the lot is not eligible for any additional
increases in density unless all applicable dimensional standards are maintained, specifically including the minimum area per dwelling unit, impervious cover and setbacks, as established in Tables 402.5.4 A and B herein, provisions of this section and of 402.7.9 Accessory Dwelling Units.

10. In the event that the one additional dwelling unit has been duly permitted and constructed on a lot utilizing this exemption from zoning density requirements for minimum area per dwelling unit, as established in Table 402.5.4 A, any additional dwelling unit must comply with all dimensional standards established in Tables 402.5.4. A and B.
Existing Lots of Record Grandfathered (Nonconforming Structures and Uses)
A single lot of record which, at the effective date of adoption or amendment of this Ordinance, does not meet the area or width requirements, or both, of the District in which it is located may be built upon provided that such lot shall be in separate ownership and not contiguous with any other lot in the same ownership, and that all other provisions of this Ordinance shall be met. Variance of yard or other requirements not involving area or width shall be obtained only by action of the Board of Appeals. (Any lot of record, established on or before January 1, 1970 is a legally nonconforming lot.)
Expansions & Changes Involving Non-Conforming Uses
1. A Structure Non-Conforming as to Use: A building or structure, non-conforming as to use, shall not be enlarged unless the non-conforming use is terminated or approved by the Planning Board under the Conditional Use criteria of Article 9. A non-conforming use of part of a building or structure shall not be extended throughout other parts of the building or structure unless those parts of the building or structure were manifestly arranged or designed for such use prior to the adoption of this ordinance, or of any amendment making such use non-conforming or is approved by the Planning Board under the Conditional Use criteria of Article 9.

2. Change of Use: A legally existing non-conforming use may be changed to another nonconforming use provided that the proposed use is equally or more appropriate to the district than the existing non-conforming use, and the impact on adjacent properties is less adverse than the impact of the former use as determined by the Planning Board under the Conditional Use criteria. The determination of appropriateness shall require written findings on the probable changes in traffic (volume and type), parking, noise, potential for litter, wastes or by-products, fumes, odors, or other nuisances likely to result from such change of use. The Conditional Use criteria in Article 9 of this ordinance shall apply to such requests to establish new non-conforming uses.

3. Use of Land: A non-conforming use of land may not be extended into any part of the remainder of a lot of land.
Expansions not Involving Non-Conforming Uses
(Pertaining solely to dimensional requirements of lots and structures. Applications regarding nonconforming uses shall be reviewed under the provisions above.)

1. Enlargements Controlled: A non-conforming structure shall not be added to or enlarged unless: such addition or enlargement conforms to all the regulations of the district in which it is located; the addition does not increase the non-conformity of the structure; or a variance is obtained. In addition, state laws and local ordinance requirements must be adhered to. The following actions are not considered to be expansions of non-conforming structures:

a. The addition of an open patio with no structures elevated above ground level shall not constitute the expansion of a non-conforming structure. The addition of steps or the enclosure of an existing deck shall not constitute the expansion of a non-conforming structure. But the addition of a deck shall constitute the expansion of a non-conforming structure and shall meet all the dimensional requirements of this ordinance.

b. The placing of a foundation below a lawfully existing non-conforming structure shall not constitute the expansion of the structure so long as the first floor space of the structure is not increased.

c. Construction or expansion of a foundation under an existing dwelling which expands habitable space shall be considered an expansion and shall be subject to the State Plumbing Laws (Title 30, Maine Revised Statutes Annotated, §322l, Subsection 4) requiring documentation of wastewater disposal capabilities.
 
2. Lack of Required Parking or Loading Space: A building or structure which is non-conforming as to the requirements for off-street parking and/or loading space shall not be enlarged, added to, or altered unless off-street parking and/or loading space is provided to bring parking and/or loading space into conformance with the requirements of this ordinance for both the addition or alteration and for the original building or structure, or a variance is obtained.

a. The provision of required off-street parking for an existing non-conforming use that is not being enlarged, added to, or altered shall not be considered the expansion of the use.

3. Disability Access Structures: The Code Enforcement Officer may approve construction of access ramps not meeting setback requirements for the purpose of making that property accessible to a person with a disability who is living on the property. The Code Officer shall restrict any approval granted under this subsection solely to the installation of equipment or the construction of structures necessary for access to or egress from the property by the person with the disability. The approval shall be only for the duration of the disability or the time that the person with the disability lives on the property. For the purposes of this subsection, a  disability has the same meaning as a physical or mental handicap under Title 5, M.R.S.A. Section 4553.
Fire and Explosive Hazards
All above ground and underground fuel storage tanks shall meet the requirements of the Maine Department of Environmental Protection (Chapter 691 & 692) and the Maine Department of Public Safety (Chapter 34).
Keeping of Large Animals
A. Minimum Lot Size Required

Bovine, cloven hoofed animals, horses or other types of riding or laboring animals such as horses may be kept in any district except the Shoreland Zone and the WH1 Districts, provided that there is a minimum of 120,000 square feet of land owned, rented or leased or the first animal to be kept thereon and an additional 10,000 square feet for each additional animal to allow pasturing and disposal of animal waste.

B. Enclosures & Nutrient Plan

Animals must be kept in enclosures at least fifty (50) feet from both the front and rear lot line and twenty five (25) feet from any side lot lines and from the edge of any water body all in full compliance with the best management practices and a Nutrient Management Program per the then current State Law. Any increase in the number of animals kept on the minimum lot size shall first require the owner to have and implement a Nutrient Management Plan prepared and approved by a Nutrient Management Planning Specialist who has been certified by the Commissioner of Agriculture before local approval may be granted.

C. Complaints

Complaints will be referred to the State of Maine Department of Agriculture for review of compliance and resolution.
Lighting
A. No lights shall be placed or maintained upon or in view of any public roadway or street so that its beams or rays are directed at any portion of the road when the light is of such brilliance and so positioned as to blind, dazzle or otherwise impair the vision of the driver of any motor vehicle upon said roadway.

B. No rotating or flashing light or signals except safety-signaling devices are required by law is permitted.

C. Adequate buffers using either the natural landscape or artificial screening are required to prevent unnecessary or undesirable light from being directed beyond lot lines onto adjacent properties.
Lots
A. Lots with Multiple Street Frontages
Lots which abut on more than one street shall provide the required front setbacks along every street.

B. Developable Areas
No structure or other impervious surface may be constructed on land with sustained slopes of twenty-five (25%) percent or greater, nor in any wetland. Subsurface wastewater disposal systems may not be located where soils are unsuitable for septic systems according to the Maine State Plumbing code, as amended.

C. Building Extensions to Meet Setbacks
All structures, whether attached to the principal structure or not, and whether open or enclosed, including porches, carports, balconies, or platforms above normal grade level, shall not project into any required minimum front, side or rear setback.

D. Only One Principal Building per Lot
No more than one (1) principal structure and its accessory buildings as regulated in this Ordinance may be located on any one lot, except in the case of a multi-building Self-Storage Facility, lot frontage development on a lot with a self-storage facility, as established in Section 402.8.11, Planned Unit Development and Multi-Family Housing, unless all applicable space and dimensional standards are met separately for each principal structure or use on the lot, subject to the following:
 
1. Where a lot has more than one existing principal structure or use, any new principal structure or use proposed for the lot, or any proposed division of the  lot, shall meet all applicable space and dimensional standards for the new lot or principal structure or use; provided, however, before creation of a new
principal structure or use on the lot or division of the lot, the property owner shall provide the Code Enforcement Officer with a sketch plan, drawn to scale, in sufficient detail to satisfy the Code Enforcement Officer that it accurately represents the current conditions in the field; and

2. The creation of a new lot or new principal use or structure must satisfy current space or dimensional standards established for the zone in which the lot is located. Where an existing principal structure is legally nonconforming as to any applicable space or dimensional standard, the creation of a new lot or
principal use or structure shall not increase the degree of such nonconformity.

3. For lots located in the Business Development 2 Zoning District, the number of uses per principal structure shall be determined by standards established in Section 402.8.8 of this Ordinance.

4. No variances are allowed from the provisions of the preceding paragraphs of this section.
Mobile Home Parks
Mobile Home Parks shall be subject to the provisions of the Mobile Home Park Ordinance, see Chapter 402.A.
Mobile Homes, Motor Homes and Travel Trailers
Uses of Travel Trailers and Motor Homes
 
1. Temporary Occupancy: A householder may permit bona fide guests to park not more than two (2) travel trailers or motor homes in the yard adjacent to such house for a period not exceeding thirty (30) days per calendar year, provided that the travel trailer or motor home is used only for sleeping purposes during said period and also provided that the householder shall have granted permission to the travel trailer or motor home occupant to use the householder’s toilet facilities.

2. Storage: An unoccupied travel trailer or motor home may be stored on any lot subject to all regulations concerning setbacks for buildings provided that it shall not be used for living or sleeping purposes during said period of storage.

3. Construction Offices: No travel trailer or motor or mobile home shall be used as a permanent office, but may be used for a temporary demonstration and sale of such articles or services as may be readily transported or displayed in a trailer or mobile home by a distributor or salesperson if situated in the applicable zoning district for a period not to exceed fifteen (15) days; provided, further, that such a travel trailer or motor, or mobile home may be used as temporary office headquarters (including electricity and phone) for a bona fide charitable organization for a period not to exceed one year. During such period such a trailer or motor or
mobile home shall not be used for living or sleeping purposes. The Town Council may extend said sixty (60) day period in the case of trailers or mobile homes used as offices on construction work, renewable by the Code Enforcement Officer, until construction is completed.

Existing Mobile Homes and Travel Trailers

A travel trailer or mobile home lawfully established at the time of adoption of this section shall not be affected by this Section and such travel trailer or mobile home may be replaced with another travel trailer or mobile home, but not later than ninety (90) days after its destruction, removal, or abandonment.
Planned Unit Development for Commercial Subdivisions
A. Purposes of Planned Unit Development
 
1. The purpose of the Planned Unit Development shall be to encourage a commercial development which will result in:
2. A choice in the types of environment, a mixture of commercial and retail uses and quality in land use so that development will be a permanent and long-term asset to the Town.
3. An aesthetically-pleasing development, innovative design standards, open space and ample offstreet parking and traffic circulation.
4. A pattern of development which reserves trees, outstanding natural topography and geologic features and prevents soil erosion.
5. An efficient use of land resulting in smaller networks of streets and utilities, encouraging the use of underground utilities.
6. An environment in harmony with surrounding development.
7. A more desirable environment than would be possible through the strict application of other sections of this Ordinance.
8. Encouragement of central water and sewer systems.

B. Provisions for Planned Unit Development

The Planning Board, in reviewing and approving proposed commercial and retail developments located in the Town, may modify provisions related to minimum lot size, lot frontage, number of structures, and setback size to permit innovative approaches to commercial and retail development and environmental design in accordance with the following standards. This shall not be construed as granting variances to relieve hardship.

1. The Planning Board may reduce lot frontage requirements by up to fifty (50%) subject to the conditional use and site plan criteria and standards.
2. The Planning Board may reduce front setback requirements by up to fifty (50%) subject to the conditional use and site plan criteria and standards.
3. The Planning Board may reduce the minimum lot area by up to fifty (50%) percent subject to the conditional use and site plan review criteria.
Private Landing Strips for Personal Aircraft & Helicopters
Private landing strips for personal aircraft and helicopters, as defined herein, shall be allowed in districts where permitted by this Ordinance, subject to approval by the Planning Board under the Conditional Use and Site Plan Review criteria and standards. Any and all necessary Federal and State approvals must be obtained by the applicant prior to final Planning Board Private landing strips for personal aircraft and helicopters shall be further subjected to the following provisions:

A. No commercial operations or activities shall be permitted on or from the private landing strip for personal aircraft and helicopters.

B. No more than six (6) aircraft shall be permitted at the private landing strip for personal aircraft and helicopters at any one time.

C. The minimum runway length of the airstrip shall meet established manufacturers’ safety standards. Maximum runway length shall not exceed 2,500 feet.

D. Operations at the private landing strip for personal aircraft and helicopters shall be restricted to aircraft of gross weights not exceeding 3,500 pounds and rotor craft of gross weights not exceeding 3,500 pounds.

E. The minimum setbacks required for parcels containing a private landing strip for personal aircraft shall be one hundred fifty (150) feet minimum setbacks to either side of the center line of the runway, and a four hundred (400) foot minimum setback from either end of the runway.

F. Heliports shall require designated landing areas of fifty feet (50’) by fifty feet (50’), with setbacks from all sides of the designated landing area of no less than one hundred fifty (150) feet from the property perimeter.

G. Temporary landing areas for aircraft in use for three (3) days or less in any calendar year are exempt from the provision of this Ordinance.

H. The Planning Board may request an evaluation of the air safety aspects of the site plan from the Division of Aeronautics of the Maine Department of Transportation.
Required Combination of Substandard Sized Lots (Nonconforming Structures and Uses)
If two (2) or more contiguous lots or parcels are in single ownership of record at the time of adoption or amendment of this Ordinance, and if all or part of the lots do not meet the dimensional requirements of this ordinance, the lands involved shall be considered to be a single parcel for the purposes of this Ordinance and no portion of said parcel shall be built upon or sold which does not meet dimensional requirements of this Ordinance; nor shall any division of the parcel be made which creates any dimension or area below the requirements of this Ordinance.

Notwithstanding the preceding provisions of this subsection, lots depicted on a subdivision plan approved by the Planning Board, on or after 1977 shall be buildable, even if contiguous and in the same ownership, provided however, that any such lot must meet the minimum requirements set forth in 12 M.R.S.A., Subsection 4807-A for minimum lot size with septic systems.
Resumption Prohibited (Nonconforming Structures and Uses)
A lot, building or structure in or on which a non-conforming use is discontinued for a period exceeding one year, or which is superseded by a conforming use, may not again be devoted to a non-conforming use, even if the owner has not intended to abandon the use. A non-conforming use of land which is accessory to a non-conforming use of a building shall be discontinued at the same time the non-conforming use of the building is discontinued.
Signs
All signs are required to meet the requirements of the Sign Ordinance, see Chapter 406.
Storage of Materials
All materials stored outdoors shall be stored in such a manner as to prevent the breeding and harboring of insects, rats, or other vermin. This shall be accomplished by placing containers in enclosures, storing materials above ground, separation of material, elimination of stagnant water, extermination procedures and other means that would provide for decent, safe, and sanitary living conditions.
Storage Sheds
A. Sheds with a one hundred and sixty (160) square foot maximum footprint, per 38 M.R.S. Section 436-A, shall be permitted to utilize reduced setbacks provided that all of the following standards are adhered to:

1. Setbacks for property located in the Shoreland Zone District shall be subject to standards established in Chapter 403, Shoreland Zoning Ordinance.

2. Parcels located in a subdivision approved by the Planning Board with reduced setbacks shall be subject to the setbacks approved by the Planning Board on the final plan(s). This specifically includes parcels in subdivisions approved under the (prior) “Section 402.12-Cluster Housing” and (current) “401.13.13 Residential Open Space Subdivision”.

3. Minimum lot line setbacks:
a. Front setback shall be as established in Table 402.5.4.B. with the additional requirement that within Districts that have a zero (0) front setback, the minimum front setback for a storage shed shall be the prominent front building plane of the existing principle structure.
b. Side: Ten (10) feet
c. Rear: Ten (10) feet
 
4. No pressurized water nor any plumbing fixture that generates wastewater shall be permitted in or on the storage shed.
5. Only one (1) storage shed shall be located on any one (1) parcel utilizing the setbacks established herein.
6. The maximum building height for a storage shed utilizing setbacks established herein in fourteen (14) feet.
7. Storage sheds utilizing the setbacks established herein shall not be utilized as a dwelling or habitable space.
Temporary Structures
A. Temporary Structures in Conjunction with Construction Work

B. Temporary structures used in conjunction with construction work shall be permitted only during the period that the construction work is in progress. Permits for temporary structures shall be issued for a six (6) month period and may be renewed by the Code Enforcement Officer.

C. Temporary Structures in Conjunction with Disasters
1. Temporary structures including temporary living quarters used in conjunction with disasters such as fire, flood, lightening, hurricanes, and ice or snowstorms and other forces of nature shall be permitted only during the period that restoration work is in progress.

2. Restoration work includes the repairing, rebuilding, and altering of a premise, land, or structure to a former, normal or unimpaired state or condition including but not limited to the cleaning and removal of debris, trash, and waste.

3. Temporary structures shall not encroach any further upon the setback requirements of the structure destroyed. Any deviation from those setbacks must be approved by the Code Enforcement Officer.

4. Temporary living quarters shall be connected to the existing septic system or to an alternate system which, in either case, must comply with the Plumbing Code and be approved by the Code Enforcement Officer.

5. Permits for temporary structures shall be issued for a six (6) month period and may be renewed by the Code Enforcement Officer for a maximum of one extension provided a duly authorized building and plumbing permit has been issued for a permanent structure.
Townwide Erosion and Sedimentation Standard
A. All activities, except those specifically exempted in this Section 402.6.10, which involve filling, grading, excavation, or other similar activities which result in unstabilized soil conditions, whether or not a permit is required, are required to adhere to Maine Erosion and Sediment Control Best Management Practices (BMP's) as published by the Maine Department of Environmental Protection until the site is stabilized.

B. The following activities, as defined by the State of Maine and/or this Ordinance, are exempt from following MeDEP's BMP's provided that all applicable State and local standards are met and maintained:
 
1. Agriculture
2. Forestry and/or Timber Harvesting
3. Duly permitted Mineral Extraction/Gravel Pits