Town of Windham Land Use Ordinance Table of Contents

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1 Town of Windham Land Use Ordinance Table of Contents SECTION 100 GENERAL 101 Title Purpose Severability Clause Conflicts Conformance Required Rules of Construction Amendment Procedure Conditional or Contract Zoning SECTION 200 NONCONFORMING PROVISIONS General Provisions Nonconforming Structures Nonconforming Uses Nonconforming Lots of Record Nonconforming Mobile Home Parks Non-Conforming Shipping Containers SECTION 300 DEFINITIONS SECTION 400 ZONING DISTRICTS Districts Enumerated Location of districts; Zoning Map Uncertain Boundary Locations Division of Lots by Districts Shoreland Zoning Districts Zoning Districts A. Farm District (F) B. Farm-Residential District (FR) C. Light-Density Residential District (RL) D. Medium-Density Residential District (RM) E. Commercial District I (C1) F. Commercial District II (C2) G. Commercial District III (C3) H. Industrial District (I) I. Enterprise Development District (ED) J. Village Commercial District (VC) Overlay Districts A. Aquifer Protection Overlay District Zone A (APA) B. Aquifer Protection Overlay District Zone B (APB) C. Manufactured Housing Park Overlay District (MHPO) D. Roosevelt Trail Business and Professional Office Overlay Zone E. Retirement Community and Care Facility Overlay District (RCCFO) i -

2 Table of Contents Land Use Ordinance Town of Windham 408 Contract Zones A. Village at Little Falls Contract Zone (VLF) B. Windham Center Contract Zone (WCC) C. Windham Center Contract Zone (WCC) Amended D. Mallison Falls Contract Zone (MF) SECTION 500 PERFORMANCE STANDARDS Accessory Apartment Agriculture Agriculture, Piggery Agriculture, Poultry Facility Adult Business Establishment Automobile Auction Facility Automobile Repair Services Automobile Storage Lot Bed and Breakfast Inn Boarding Home for Sheltered Care Buffer Strip, Landscaped Campground, Personal Central Sewage System Child Care, Facility Child Care, Family Home Conditional Use Controlled Access Street Curb Cuts and Driveway Openings Developable Lane Drive-through Facility Driveway Dwelling, Mixed Use Home Occupation Home Occupation Hotel Industry, Light Kennel, Major Kennel, Minor Lot, Backlot Lot, Corner Manufactured Housing Medical Marijuana Medical Office Mobile Home Park Motel Net Residential Area or Acreage Parking and Loading Public Utility Facility Pump Station ii -

3 Town of Windham Land Use Ordinance Table of Contents 540 Restaurants Retail Sales, Automobile Sales Retail Sales, Convenience Retail Sales, Outdoor Retirement Community Rooming House Sawmill, Permanent Sawmill, Temporary Shipping Container Solid Waste Dumpsters Streets SECTION MINERAL EXTRACTION Purpose Application Exemptions Permit Application Requirements Plan Review Excavation Regulations Rehabilitation Requirements Permit Dates Performance Guarantee Requirements Loam Stripping Conditions SECTION 700 SIGNS Purpose General Permits, Fees and Enforcement Signs Permitted in all Districts Signs Permitted in Commercial Districts Signs Permitted in Industrial Districts Signs Permitted in Business Park Districts Signs Permitted in All Residential Districts Off-Premises Signs Permitted in All Districts Temporary Signs Signs Prohibited in All Districts SECTION 800 SITE PLAN REVIEW Purpose Applicability Review and Approval Authority Joint Application and Hearing Classification of Projects Review Procedures for Minor Developments Review Procedures for Major Developments Waivers iii -

4 Table of Contents Land Use Ordinance Town of Windham 809 Final Approval and Filing Fees Submission Requirements Performance Standards and Approval Criteria A. Utilization of the Site B. Vehicular Traffic C. Parking and Loading Requirements D. Pedestrian Traffic E. Stormwater Management F. Erosion Control G. Water Supply Provisions H. Sewage Disposal Provisions I. Utilities J. Groundwater Protection K. Water Quality Protection L. Hazardous, Special, and Radioactive Materials M. Shoreland Relationship N. Technical and Financial Capacity O. Solid Waste Management P. Historic and Archaeological Resources Q. Floodplain Management R. Exterior Lighting S. Noise T. Storage of Materials Commercial District Design Standards Post Approval Activities Appeals SECTION 900 SUBDIVISION REVIEW Purpose Statutory Review Criteria Authority and Administration Joint Application and Hearing Classification of Subdivision Review Procedures for Minor Subdivisions Review Procedures for Major Subdivisions Waivers Fees Submission Requirements Performance and Design Standards A. Basic Subdivision Layout B. Sufficient Water C. Erosion and Sedimentation and Impact on Water Bodies D. Sewage Disposal E. Impact on Natural Beauty, Aesthetics, Historic Sites, Wildlife Habitat, Rare Natural Areas or Public Access to the Shoreline iv -

5 Town of Windham Land Use Ordinance Table of Contents F. Conformance with Land Use Ordinances G. Financial and Technical Capacity H. Impact on Ground Water Quality or Quantity I. Floodplain Management J. Stormwater Management K. Cluster Developments L. Compliance with Timber Harvesting Rules M. Traffic Conditions and Streets N. Subdivision Impact Analysis and Fees Final Approval and Filing Revisions to Approved Plans Post Approval Activities Building Permit Limits for Subdivisions Violations and Penalties Appeals SECTION ADMINISTRATION Duty of the Code Enforcement Officer Building Permit Certificate of Occupancy Violations and Penalties SECTION 1100 BOARD OF APPEALS Establishment Organization Procedure Jurisdiction Administrative Appeal Variance SECTION 1200 IMPACT FEES General North Windham Sidewalk Impact Fee Recreation Impact Fee North Route 302 Road Improvements Impact Fee APPENDIX A FEE SCHEDULE APPENDIX B STREET DESIGN AND CONSTRUCTION STANDARDS APPENDIX C STATE OF MAINE ROAD CLASSIFICATION LIST APPENDIX D LAND USE ORDINANCE FLOW CHART APPENDIX E NORTH WINDHAM SIDEWALK IMPACT FEE - v -

6 Table of Contents Land Use Ordinance Town of Windham APPENDIX F RECREATION CAPITAL INVESTMENT PLAN - vi -

Article II Definitions Section 200 Interpretation II Definitions II-1

Article II Definitions Section 200 Interpretation II Definitions II-1 CHAPTER 27 ZONING TABLE OF CONTENTS Page Article I Introductory Provisions Section 100 Short Title I-1 101 Purpose I-1 102 Interpretation I-1 103 Scope I-1 104 Conflict I-2 105 Validity I-2 106 Repealer

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