Town of Turner

Zoning Ordinance

Amended April 4, 2009

Town of Turner

Zoning Ordinance

Adopted June 12, 1993

Effective date: July 12, 1993

Amended: June 11, 1994

Amended: April 8,1995

Amended: April 13,1996

Amended: July 21, 1997

Amended: April 18, 1998

Amended: April 10, 1999

Amended: April 8, 2000

Amended: April 7, 2001

Amended: April 6, 2002

Amended: April 5, 2003

Amended: April 3, 2004

Amended: April 8, 2006

Amended: April 5, 2008

Amended: April 4, 2009

TABLE OF CONTENTS

SECTION 1. General 1-1

A. Title 1-1

B. Authority 1-1

C. Purposes 1-1

D. Applicability 1-2

E. Conflicts with Other Ordinances 1-2

F. Validity and Severability 1-2

G. Effective Date 1-2

H. Amendments 1-2

I. Repeal of Existing Ordinances 1-3

SECTION 2. Nonconformance 2-1

A. Purpose 2-1

B. General 2-1

C. Nonconforming Structures 2-1

D. Nonconforming Uses 2-6

E. Nonconforming Lots 2-7

F. Illegal Reduction in Dimensions 2-8

SECTION 3. District Purposes, District Uses and Space and Bulk Standards of

Districts 3-1

A. General Purposes 3-1

B. Specific District Purpose 3-1

C. Floating Commercial and Mixed Use District 3-3

D. Location of Districts 3-5

E. Rules Governing District Boundaries 3-5

F. Division of Lots of District Boundaries 3-5

G. Division of Lots by Municipal Boundaries 3-6

H. District Uses 3-6

I. Space and Bulk Standards 18

SECTION 4. Performance Standards 4-1

A. Back Lots 4-1

B. Lots Served by Nonconforming Rights-of-way 4-2

C. Apartment Conversions 4-3

D. Rural II Density 4-3

DD. Planned Unit Development Standards 4-4

E. Elder Cottage Housing Opportunity (ECHO) Units 4-7

F. Multi-Family Dwellings 4-8

G. Elderly and Congregate Housing Complexes 4-10

H. Mobile Homes 4-10

I. Open Space Subdivisions 4-12

J. Affordable Housing Incentive 4-24

K. Home Occupations 4-26

L. Standards for Non-Commercial Animal Raising in the Village and General

Residential Districts 4-28

M. Soils 4-29

N. Water Quality 4-29

0. Archaeological Sites 4-29

P. Septic Waste Disposal 4-30

Q. Campgrounds 4-30

R. Swimming Pools 4-30

S. Signs 4-31

T. Shoreland Areas 4-39

U. Temporary Dwellings 4-53

V. Non-Residential Accessory Structures 4-54

W. Commercial Telecommunications Towers and Related Facilities 4-54

X. Individual Lot Phosphorous Management 4-58

Y. Farm Enterprise 4-62

Z. Storage Tanks 4-62

AA. Rental Cabins 4-62

BB. Shorefront Common Areas 4-63

CC. Apartments Accessory to Commercial Uses 4-64

SECTION 5. Site Plan Review 5-1

A. 5-1

B. Applicability 5-1

C. Administration 5-2

D. Site Plan Review Application Requirements 5-5

E. General Review Standards 10

F. Specific Standards 27

G. Waivers 32

SECTION 6. Administration, Enforcement and Penalties 6-1

A. Administering Bodies and Agents 6-1

B. Permits Required 6-1

C. Fees 6-3

D. Procedure for Administering Non-Site Plan Review Permits 6-5

E. Enforcement 6-5

SECTION 7. Appeals 7-1

A. Establishment 7-1

B. Powers and Duties 7-1

C. Appeal Procedure 7-4

SECTION 8 DEFINITIONS 8-1

A. Construction of Language 8-1

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

1-1

ARTICLE I

TOWN OF TURNER ZONING ORDINANCE

SECTION 1. General

A. Title

This Ordinance shall be known and cited as the Zoning Ordinance of the Town of

Turner, Maine, and will be referred to as "this Ordinance."

B. Authority

This Ordinance is adopted pursuant to the enabling provisions of Article VI I I-A

of the Maine Constitution, the provisions of Title 30-A, M.R.S.A. Section 3001

(Home Rule), the State's Growth Management Law, Title 30-A, M.R.S.A. Section

4312 et seq, and the Mandatory Shoreland Zoning Act, Title 38 M M.R.S.A.

Sections 435, et seq.

C. Purposes

The purposes of this Ordinance are:

I To implement the provisions of the Town's comprehensive plan;

2. To promote the health, safety and general welfare of the residents of the

community;

3. To encourage the most appropriate use of land throughout the community;

4. To promote traffic safety;

5. To provide safety from fire and other elements;

6. To provide an allotment of land area in new developments sufficient for

adequate enjoyment of community life;

7. To conserve natural resources;

8. In shoreland areas, to further the maintenance of safe and healthful

conditions; to prevent and control water pollution; to protect fish spawning

grounds, aquatic life, bird and other wildlife habitat; to protect buildings and

lands from flooding and accelerated erosion; to protect archaeological and

historic resources; to protect freshwater; to control building sites, placement

of structures and land uses; to conserve shore cover, and visual as well as

actual points of access to inland waters; to conserve natural beauty and

open space; and to anticipate and respond to the impacts of development

in shoreland areas, as defined herein; and

9. To provide effective procedures for the enforcement of this Ordinance

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against violators.

D. Applicability

The provisions of this Ordinance shall govern all land and all structures within the

boundaries of the Town of Turner including any structure built on, over or

abutting a dock, wharf or pier, or other structure extending beyond the normal

high water line of a water body or within a wetland.

E. Conflicts with Other Ordinances

Except as otherwise specifically stated herein, (a) whenever a provision of this

Ordinance conflicts with or is inconsistent with another provision of this

Ordinance, the more restrictive provision shall control, and (b) whenever a

provision of this ordinance conflicts with or is inconsistent with another

ordinance, regulation or statute, this Ordinance shall apply.

F. Validity and Severability

Should any section or provision of this Ordinance be declared invalid or

unenforceable by the courts, such decision shall not invalidate or limit the

enforcement of any other section or provision of the Ordinance.

G. Effective Date

1 . The effective date of this Ordinance shall be thirty (30) days of the date of

its adoption by the legislative body, i.e., July 12, 1993.

H. Amendments

1 . Initiation of Amendments: An amendment to this Ordinance may be initiated

by:

a. The Planning Board, provided a majority of the Board has so voted;

b. Request of the municipal officers; or

c. Written petition of a number of voters equal to at least 10% of the

number of votes cast in the municipality at the last gubernatorial

election.

2. The Planning Board shall conduct a public hearing on the proposed

amendment. Notification of the hearing shall be posted in the Town Office

at least thirteen (13) days before the hearing and published in a newspaper

of general circulation in the municipality at least two (2) times with the date

of the first publication at least twelve (12) days before the hearing and the

date of the 2nd publication at least seven (7) days before the hearing. The

Planning Board shall make a report and its recommendation on the

proposed amendment within ten (10) days after the public hearing has been

closed.

3. When the proposed amendment would result in a rezoning that permits

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industrial, commercial or retail development in a district where previously

prohibited or that prohibits all industrial, commercial or retail development in

a district where previously permitted, the Town Clerk shall notify the

owner(s) of each parcel in and abutting the area to be rezoned by mail at

least fourteen (14) days before the hearing. Such notice shall contain a

copy of a map indicating the area to be rezoned. Notice under this

subsection is not required for any other type of proposed zoning

amendment including overlay zoning ordinances or any type of zoning

ordinances required under Title 30-A M.R.S.A. Section 4314, subsection 2

and 3.

4. In addition to the notice required in Section 3 above, the Town Clerk shall

provide written notification by certified mail, return receipt requested, to land

owners whose property is being considered for placement in a Resource

Protection District. Such notice must be sent not later than fourteen (14)

days before the Planning Board votes to establish a public hearing on the

proposed rezoning to Resource Protection.

5. The Town Clerk shall forward a copy of the text of the proposed

amendment to the Selectmen and Planning Board of adjacent communities

of when a zoning amendment is proposed which is within 500 feet of a

common town border at least thirteen (13) days in advance of the public

hearing. The adjacent community may provide verbal or written testimony.

6. Adoption of Amendment: An amendment of this Ordinance may be adopted

by a majority vote of a regular or special Town Meeting and unless

otherwise specified therein, shall become effective upon adoption.

7. Copies of amendments attested and signed by the Municipal Clerk that

affect an area within 250 feet of the normal high water line of a great pond,

river or upland edge of a wetland or 75 feet horizontal distance from a

stream shall be submitted to the Commissioner of the Department of

Environmental Protection following adoption by the municipal legislative

body and shall not be effective unless approved by the Commissioner of

the Department of Environmental Protection. If the Commissioner fails to

act on any amendment within 45 days of the Commissioner's receipt of the

amendment, the amendment is automatically approved. Any application for

a permit submitted to the municipality within the 45 day period shall be

governed by the terms of the amendment if such amendment is approved

by the Commissioner.

I. Repeal of Existing Ordinances

Adoption of this Ordinance shall repeal on the effective date of this Ordinance

any and all previously enacted Site Review, Shoreland Zoning and Minimum

Lot Size Ordinances. This shall not prevent enforcement of repealed

ordinances with respect to the time periods in which they were effective.

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SECTION 2. Nonconformance

A. Purpose

It is the intent of this Ordinance to promote land use conformities except that

nonconforming lots, structures and uses that legally existed before the effective

date of this Ordinance shall be allowed to continue subject to the requirements

set forth in this section.

B. General

1. Transfer of Ownership: Nonconforming structures, lots, and 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.

2. Repair and Maintenance: This Ordinance allows the normal upkeep and

maintenance of nonconforming uses and structures including repairs or

renovations which 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.

C. Nonconforming Structures

1. Expansions: A nonconforming structure may be added to or expanded

after obtaining a permit from the same permitting authority as that for a new

structure if such addition or expansion does not increase the nonconformity

of the structure and is in accordance with subparagraphs a and b below.

Should the expansion of the nonconforming structure require Site Plan

Review under Section 5.13.1.c., approval shall be obtained pursuant to

Section 5.

Further Limitations:

a. Legally existing non-conforming principal and accessory structures that do

not meet the water body, tributary stream, or wetland setback requirements

may be expanded or altered as follows as long as all other applicable

standards contained in this Ordinance are met.

1. Expansion of any portion of a structure within 25 feet, horizontal

distance, of the normal high-water line of a water body, tributary

stream, or upland edge of a wetland is prohibited even if the

expansion will not increase non-conformity with the water body,

tributary stream, or wetland setback requirement.

2. Expansion of an accessory structure that is located closer to the

normal high-water line or a water body, tributary stream, or

upland edge of a wetland than the principal structure is

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prohibited even if the expansion will not increase non-conformity

with the water body, tributary stream, or wetland setback

requirement.

3. For structures located less than 75 feet, horizontal distance,

from the normal high-water line of a water body, tributary stream,

or upland edge of a wetland, the maximum combined total floor

area for all portions of those structures within that 75-foot

distance is 1,000 square feet, and the maximum height of any

portion of a structure that is within 75 feet, horizontal distance, of

a water body, tributary stream or upland edge of a wetland is

limited to 20 feet or the height of the existing structure, whichever

is greater.

4. For structures located less than 100 feet, horizontal distance,

from the normal high-water line of a great pond classified as

GPA or a river flowing to a great pond classified as GPA, the

maximum combined total floor area for all potions of those

structures within that 100 foot distance is 1,500 square feet, and

the maximum height of any portion of a structure that is within

that 100 foot, horizontal distance, of a great pond is 25 feet or

the height of structure, that is within 100 feet whichever is

greater, except that any portion of those structures located less

than 75 feet, horizontal distance, from the normal high-water line

of a water body, tributary stream, or the upland edge of a

wetland must meet the floor area and height limits of 3 above.

For the purposes of subparagraph a, a basement is not counted toward

floor area.

b. Whenever a new, enlarged, or replacement foundation is constructed under

a non-conforming structure, the structure and new foundation must be

placed such that the setback requirement is met to the greatest practical

extent as determined by the Planning Board or its designee, basing its

decision on the criteria specified in Section 12(C)(2) Relocation, below. If

the completed foundation does not extend beyond the exterior dimensions

of the structure and the foundation does not cause the structure to be

elevated by more than three (3) additional feet, as measured from the uphill

side of the structure, it shall not be considered to be an expansion of the

structure.

2. Special expansion allowance. Existing principal and accessory structures

that exceed the floor area or height limits set in divisions C.1.a.3 and 4

above may not be expanded except that the limits may be exceeded by not

more than 500 square feet provided that all of the following requirements

are met.

a. The principal structure is set back at least 50 feet, horizontal distance,

from the normal high-water line of a water body, tributary stream or

upland edge of a wetland.

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b. A well-distributed stand of trees and other natural vegetation as

defined in Section 4.T.12 extends at least 50 feet, horizontal distance,

in depth as measured from the normal high-water line or upland edge

for the entire width of the property.

If a well-distributed stand of trees and other vegetation meeting the

requirements of Section 4.T.12is not present, the 500 square foot

special expansion allowance may be permitted only in conjunction

with a written plan, including a scaled site drawing, by the property

owner, and approved by the planning board or its designee, to

reestablish a buffer of trees, shrubs, and other ground cover within 50

feet, horizontal distance, of the shoreline or tributary stream.

c. Adjacent to great ponds classified GPA and rivers flowing to great

ponds classified GPA, except for the allowable footpath, there exists

complete natural ground cover consisting of forest duff, shrubs and

other woody and herbaceous vegetation within 50 feet, horizontal

distance, of the normal high-water line. Where natural ground cover

is lacking, the area must be supplemented with leaf or bark mulch and

plantings of native shrubs, and other woody and herbaceous

vegetation in quantities sufficient to retard erosion and provide for

effective infiltration of stormwater.

d. A written plan by the property owner, including a scaled site drawing,

is approved by the planning board and is developed, implemented,

and maintained to address the following mitigation measures for the

property within the shoreland zone.

1. Unstabilized areas resulting in soil erosion must be mulched,

seeded, or otherwise stabilized and maintained to prevent further

erosion and sedimentation to water bodies, tributary streams and

wetlands.

2. Roofs and associated drainage systems, driveways, parking

areas, and other nonvegetated surfaces must be designed or

modified, as necessary, to prevent concentrated flow of storm

water runoff from reaching a water body, tributary stream or

wetland. Where possible, runoff must be directed through a

vegetated area or infiltrated into the soil through the use of a

well, stone apron, or similar device.

3. Planting requirements. Any planting or revegetation required as a

condition to the Special Expansion Allowance must be in accordance with a

written plan drafted by a qualified professional, be implemented at the time

of construction, and be designed to meet the rating scores contained in

paragraph (b) and the ground cover requirements of paragraph (c) when

the vegetation matures within the 50-foot strip. At a minimum, the plan

must provide for the establishment of a well-distributed planting of saplings

spaced so that there is at least one sapling per 80 square feet of newly

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established buffer. Planted saplings may be no less than three (3) feet tall

for coniferous species and no less than six feet tall for deciduous species.

The planting plan must include a mix of at least three native tree species

found growing in adjacent areas with no one species making up more than

50% of the number of saplings planted unless otherwise approved by the

planning board or its designee based on adjacent stand comparison. All

aspects of the implemented plan must be maintained by the applicant and

future owners.

4. Filing and reporting requirements. Written plans required pursuant to

this section must be filed with the Androscoggin County Registry of Deeds

within fourteen (14) days of approval. A copy of all permits issued pursuant

to this section must be forwarded by the municipality to the Department of

Environmental Protection within 14 days of the issuance of the permit.

5. No structure which is less than the required setback from the normal highwater

line of a water body, tributary stream or upland edge of a wetland

shall be expanded toward the water body, tributary stream, or wetland as

defined herein.

6. 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 to all setback requirements to the greatest

practical extent as determined by the same permitting authority as that for a

new structure and provided that the applicant demonstrates that the present

subsurface sewage disposal system meets the requirements of State law

and the State of Maine Subsurface Wastewater Disposal Rules, or that a

new system can be installed in compliance with the law and said Rules. In

no case shall a structure be relocated in a manner that causes the structure

to be more nonconforming. A foundation placed under a relocated

structure within 100 feet horizontal distance of the normal high-water line of

a Great Pond rated GPA 75 feet horizontal distance of other water bodies

or 75 feet horizontal distance of the upland edge of a freshwater wetland

shall not cause the height of the structure to be increased by more than

three (3) additional feet (considering the slope of land).

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

within 250 feet, horizontal distance, of the normal high water line of a great

pond, river or upland edge of a wetland and 75 feet horizontal distance from

a stream, the type and amount of vegetation to be removed to accomplish

the relocation shall be considered.

When it is necessary to remove vegetation within the water or wetland

setback area in order to relocate a structure, the Planning Board or its

designee shall require replanting of native vegetation to compensate for the

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destroyed vegetation. In addition, the area from which the relocated

structure was removed must be replanted with vegetation. Replanting shall

be required as follows:

a. Trees removed in order to relocate a structure must be replanted with

at least one native tree, three (3) feet in height, for every tree

removed. If more than five trees are planted, no one species of tree

shall make up more than 50% of the number of trees planted.

Replaced trees must be planted no further from the water or wetland

than the trees that were removed.

Other woody and herbaceous vegetation, and ground cover, that are

removed or destroyed in order to relocate a structure must be reestablished.

An area at least the same size as the area where

vegetation and/or ground cover was disturbed, damaged, or removed

must be reestablished within the setback area. The vegetation and/or

ground cover must consist of similar native vegetation and/or ground

cover that was disturbed, destroyed or removed.

b. Where feasible, when a structure is relocated on a parcel the original

location of the structure shall be replanted with vegetation which may

consist of grasses, shrubs, trees, or a combination thereof.

7. Reconstruction or Replacement:

a. Any nonconforming structure which is located less than the required

setback from a water body, tributary stream, or wetland and which is

removed, damaged or destroyed regardless of cause by more than

50% of the market value of the structure before such damage,

destruction or removal, may be reconstructed or replaced in

compliance with all building and safety codes provided that a permit is

obtained within two (2) years of the date of said damage, destruction

or removal and provided that such reconstruction or replacement is in

compliance with the water body, tributary or wetland setback to the

greatest practical extent as determined by the same permitting

authority as that for a new structure in accordance with the purposes

of this Ordinance. In no case shall a structure be reconstructed or

replaced so as to increase its nonconformity.

If the reconstructed or replacement structure is less than the required

setback it shall not be any larger than the original structure, except as

allowed pursuant to Section 2.C.1 above, as determined by the nonconforming

floor area and volume of the reconstructed or replaced

structure at its new location. If the total amount of floor area and

volume of the original structure can be relocated or reconstructed

beyond the required setback area, no portion of the relocated or

reconstructed structure shall be replaced or constructed at less than

the setback requirement for a new structure. When it is necessary to

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remove vegetation in order to replace or reconstruct a structure,

vegetation shall be replanted in accordance with Section 2.C.2 above.

In addition, the provisions of Article VI of the Floodplain Management

Ordinance for the Town of Turner, Maine, shall be met. Any nonconforming

structure which 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 with a permit from the code enforcement officer.

b. Any nonconforming structure which is located more than the required

setback from the normal high water line of a water body, tributary

stream or upland edge of a wetland and which is damaged or

destroyed by fire, lightning, wind or other natural disaster may be

rebuilt provided that construction is commenced within two (2) years

after the destruction of the building or structure. In addition, the

provisions of Article VI of the Floodplain Management Ordinance for

the Town of Turner, Maine, shall be met.

D. Nonconforming Uses

1. Expansion: Expansion of nonconforming uses may be allowed provided

the Planning Board after reviewing written application determines that no

greater adverse impacts would occur as the result of the expansion as

defined in section 2.D.3. and the following.

a. The expansion of a nonconforming use will be in accordance with any

applicable Performance Standards set forth in Section 4 and 5, Site

Plan Review, of this Ordinance.

b. The expansions of the nonconforming use will not encroach further on

the required setbacks.

c. Notwithstanding 1.a and b. above, a residential structure located in the

Commercial I and II districts may be expanded without Planning Board

review provided such expansion complies with all other applicable

standards of this ordinance.

d. An accessory structure to a non-conforming residential use may be

allowed with a permit from the Code Enforcement Officer provided

such accessory structure complies with all applicable standards of this

ordinance.

2. Resumption Prohibited: A lot, building or structure in or on which a

nonconforming use is abandoned for a period exceeding five years, or

which is superseded by a conforming use, may not again be devoted to a

nonconforming use except that the Planning Board may, for good cause

shown by the applicant, grant up to a one year extension to that time

period. This provision shall not apply to the resumption of a use of a

residential structure provided that the structure has been used or

maintained for residential purposes during the preceding five (5) year

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period.

3. Change of Use: An existing nonconforming use may be changed to

another nonconforming use provided that (a) the proposed use has no

greater adverse impact on the subject and adjacent properties and

resources than the former use; as determined by the Planning Board and

(b) applicable performance standards contained in Section 4 are complied

with and (c) approval is obtained pursuant to Section 5. The determination

of no greater adverse impact shall be made according to criteria listed

below.

a. That the proposed use is of the same character or less noxious than

the current nonconforming use.

b. That the proposed use will not create a traffic hazard nor increase an

existing traffic hazard; and

c. That the amount of parking required to meet the minimum

requirements for the proposed use exists on the site or will be

otherwise provided in accordance with Section 4 of this Ordinance.

d. That the amount of noise, odors, vibrations, smoke, dust and air

discharges of the proposed use shall be equal to or less than the

present use; and

e. That the rate of surface water run-off from the site will not be

increased; and

f. That the hours of operation of the proposed use will be compatible

with the existing, surrounding land uses; and

g. That the proposed use will not increase the adverse impact on

surrounding properties.

4. Change of Use of a Nonconforming Structure: The use of a

nonconforming structure may not be changed to another nonconforming

use unless the Planning Board, after reviewing written application,

determines that the new use is equally or more appropriate to the district

than the existing use of the nonconforming structure and will have no

greater adverse impacts than the existing use.

The determination of no greater adverse impact shall be made according to

the criteria contained in Section 2.D.3 above.

The change in use shall comply with any applicable Performance

Standards set forth in Section 4 and approval is obtained pursuant to

Section 5 of this Ordinance.

E. Nonconforming Lots

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1. Nonconforming Lots: A nonconforming lot of record as of the effective

date of this Ordinance or amendment thereto may be built upon, without the

need for a variance, provided that such lot is in separate ownership and not

contiguous with any other lot in the same ownership, and that all provisions

of this Ordinance except lot size and frontage can be met. This subsection

shall not be deemed to require contiguous lots in a subdivision approved

and recorded after September 22, 1971, to be combined.

2. Contiguous Built Lots: If two or more contiguous lots or parcels are in a

single or common ownership of record at the time of adoption of this

Ordinance, if all or part of the lots do not meet the dimensional

requirements of this Ordinance, and if a principle use or structure exists on

each lot, the nonconforming lots may be conveyed separately or together,

provided that the State Minimum Lot Size Law and State of Maine

Subsurface Wastewater Disposal Rules are complied with.

If two or more principle uses or structures existed on a single lot of record

on the effective date of this Ordinance, each may be sold on a separate lot

provided that the above referenced law and rules are complied with. When

such lots are divided, each lot thus created must be as conforming as

possible to the dimensional requirements of this Ordinance.

3. Contiguous Lots - Vacant or Partially Built: If two or more contiguous

lots or parcels are in single or common ownership of record at the time of or

since adoption or amendment of this Ordinance, if any of these lots do not

individually meet the dimensional requirements of this Ordinance or

subsequent amendments, and if one or more of the lots are vacant or

contain no principle structure, the lots shall (except as provided in

paragraph 1 above) be combined to the extent necessary to meet the

dimensional requirements.

F. Illegal Reduction in Dimensions

No lot shall be reduced or created in any manner that violates the

requirements of this Ordinance. If land is subdivided, conveyed, divided or

otherwise transferred in violation of this Ordinance, no building permit or other

municipal permit shall be issued with reference to any of the land or lots so

reduced or created until all such land or lots fulfill the dimensional regulations,

except as allowed by waiver or density bonus granted by the Planning Board

in connection with the approval of a subdivision plan, multi-family dwellings,

elderly and congregate housing complexes, affordable housing incentive or

open space subdivisions.

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SECTION 3. District Purposes, District Uses and Space and Bulk Standards of

Districts

A. General Purposes: The purposes of the districts are:

1. To implement the Town of Turner’s Comprehensive Plan policies and its

Future Land Use Plan;

2. To allow future growth to occur in designated portions of the community

and to restrict growth in other areas;

3. To provide for separation of land uses that might otherwise be

incompatible;

4. To protect the natural resources of the community from degradation; and

5. To provide for an orderly future growth pattern of the community.

B. Specific District Purpose

1 . Agricultural/Industrial District: The purpose of the Agricultural/Industrial

District is to provide locations for industrial, manufacturing, warehousing

and other businesses that can coexist with egg production and processing.

New residential development except employee housing will not be

permitted in this area. These uses are allowable provided that safeguards

are maintained to minimize degradation to the sand and gravel aquifer

which underlies this area. Lot sizes should be based on area to be covered

by structures, outside storage and parking. Maximum lot coverage ratios

should not exceed 75% if it can be shown that ground water resources will

be protected.

2. Commercial I District. The purpose of the Commercial I District is to

provide commercial development locations adjacent to Route 4 without

conflicting with its traffic carrying capacity. The district is intended to allow

commercial uses while controlling highway access and encouraging quality

site and structure design so as to enhance the Town's character and to

avoid commercial strip development. Development in this district should

have a minimum of 40,000 square feet of lot area.

3. Commercial II District. The purpose of the Commercial II District is to

provide for commercial development locations adjacent to Route 4 that are

less suitable for such development than that of the Commercial I District

due to transportation and environmental factors. Development will not

conflict with Route 4 traffic carrying capacity. Development standards shall

control highway access, encourage quality site and structural design so as

to enhance the Town's character, avoid commercial strip development and

protect natural resources. Development in this district should have a

minimum of 80,000 square feet of lot area.

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

3-2

4. Village District. The purpose of the Village District is to allow for traditional

village development patterns and uses to continue and expand.

5. General Residential I District. The purpose of the General Residential I

District is to provide areas that are primarily devoted to residential uses and

mobile home parks. Uses other than residential should not conflict with the

residential purpose of this district. Development in this district should have

a minimum of 40,000 square feet of lot area.

6. General Residential II District: The purpose of the General Residential II

District is to maintain residential development as it currently exists or is

appropriate for this type of development at less density. The area should

be primarily residential, except no mobile home parks shall be permitted.

Other land uses appropriate and compatible with residential uses should

include public and semi-public uses and commercial uses associated with

residential areas. Development in this district should have a minimum of

80,000 square feet of lot area.

7. Rural I District. The purpose of the Rural I District is to maintain the rural

character of the Town including agricultural and forest lands. Portions of

these areas are served by road systems not designed for high traffic

volumes. Residential development should be medium density and not

conflict with rural uses including agriculture and commercial forestry.

Development in this district should have a minimum of 80,000 square feet

of lot area..

8. Rural II District. The purpose of the Rural II District is to preserve areas

not well suited for development. They are not well suited for development

because of natural resource values that include wildlife habitat and

wetlands, physical characteristics that include steep slopes and soils not

well suited to development, adjacency to large undeveloped tracts of land,

lack of accessibility by public roads, areas where new public roads could

result in significant public expenditures and critical lake watersheds. These

factors make the Rural II areas only suitable for new development at low

densities. Development in this district should have a minimum of 5 acres of

lot area when suitable private road access is available. Residential

subdivisions, in these areas, shall be a minimum of one dwelling per 5

acres and no new public roads shall be created. Clustering of residential

development shall be required.

9. Shoreland District. The purpose of the Shoreland District is to provide for

residential and recreational uses adjacent to the Town’s, ponds, rivers and

wetlands while protecting water quality, shorelands and visual quality as

required by the Mandatory Shoreland Zoning Act. The Shoreland District is

that area within two hundred and fifty (250) feet, horizontal distance, of the

normal high water line of a great pond or river or within two hundred fifty

(250) feet, horizontal distance, of the upland edge of a freshwater wetland.

The Shoreland District does not include those areas depicted on the Official

Zoning Map as other Districts even though they may fall within the 250-foot

area.

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

3-3

10. Resource Protection District. The purpose of the Resource Protection

District is to regulate development which would adversely affect water

quality, productive habitat, biological ecosystems, or scenic and natural

values. This district shall include the following areas, except those areas

which are currently lawfully developed.

a. Areas within 250 feet, horizontal distance, of the upland edge of

freshwater wetlands and wetlands associated with great ponds and

rivers which are rated "moderate" or "high" value by the Maine

Department of Inland Fisheries and Wildlife as of January 1, 1973.

b. Floodplains, except in the Village District, along all rivers, streams,

brooks, ponds and floodplains along artificially formed great ponds

defined by the 100-year floodplain as designated on the Federal

Emergency Agency's Flood Insurance Rate Maps for the Town of

Turner effective May 5, 2003 or the flood of record. In the absence of

these, by soil types identified as recent floodplain soils.

c. Areas of two or more contiguous acres with sustained slopes of 20

percent or greater when they occur within the limits of the shoreland

area.

d. Areas of two or more contiguous acres supporting wetland vegetation

and hydric soils which are not part of freshwater wetland as defined,

and which are not surficially connected to a water body during the

period of normal high water when they occur within the limits of the

shoreland area.

e. Androscoggin and Nezinscot Rivers and Gulf Island Pond Shorelines

and land purchased by the Land for Maine Future Fund: These areas

require regulation so that future development does not diminish the

area’s natural value.

f. Areas other than those described in a-e above that are depicted as

Resource Protection on the Official Zoning Map.

C. Floating Commercial

1. Purpose: The purpose of the Floating Commercial District is to provide

areas of sufficient size and characteristics for future commercial and

industrial development.

2. This Ordinance may be amended to affix the Floating Commercial District

following the procedures set forth in Section 1.H. of this Ordinance and the

following:

a. The District may be affixed only in the Rural I District.

b. The minimum land area to be rezoned shall not be less than fifty (50)

acres.

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

3-4

c. The District shall not be affixed more than two (2) times without

updating the comprehensive plan.

d. Only those uses allowed in the Commercial I and Commercial II

Districts shall be permitted.

e. The Planning Board shall review the request for rezoning and make

written findings of fact as to whether the following criteria are met.

1) The applicant(s) for rezoning shall provide the Planning Board an

overall development plan for the area to be rezoned; the

development plan which may be developed from existing

sources of maps and data at a minimum shall contain the

following:

a.) The type and size of the proposed development activity.

b.) Internal Circulation and Parking Plan.

c.) Suitability of soils for subsurface Sewage Disposal.

d.) The direction of existing surface water drainage across the

site.

e.) Location of wetlands on the site.

f.) Estimated daily and peak hour traffic to be generated by the

development.

2) Transportation systems and other public services have the

capacity to serve the area. The Board shall consider the

capacity and condition of roads which will provide access to the

site. Access to the site shall not be in a residential street or

through residential areas. The Board shall request Town

Development heads to evaluate the proposal based upon current

department capacities to serve the development.

3) At least seventy (70) percent of the land area is suitable for

proposed uses. In determining suitability, the Board shall

consider soil suitability, slope of the land and the existence of

wetlands regulated by this ordinance, the Maine Department of

Environmental Protection, and the Army Corps of Engineers.

4) The proposed rezoning will not adversely affect residential

values. In determining adverse affect, the Board shall consider

the location of existing or approved residential development

activity and the impact of rezoning on traffic, noise and lighting

on such residential areas.

5) Is consistent with the Comprehensive Plan.

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

3-5

D. Location of Districts

Said Districts are located and bounded as shown on the Official Zoning Map,

entitled "Zoning Map of Turner, Maine," dated April 8, 2006, and on file at the

Town Office, and as from time to time amended in accordance herein. The

Official Map shall be signed by the Town Clerk and Chairperson of the Planning

Board at the time of adoption or amendment of this Ordinance certifying the date

of such adoption or amendment.

E. Rules Governing District Boundaries

Where uncertainty exists as to the boundaries of districts as shown on the

Official Zoning Map, the following rules shall apply.

1. Boundaries indicated as approximately following the center lines of streets,

highways, rivers or streams shall be construed to follow such center lines.

2. Boundaries indicated as approximately following platted lot lines shall be

construed as following such lot lines.

3. Boundaries indicated as approximately following Town limits shall be

construed as following Town limits.

4. Boundaries of the Shoreland Area (those areas regulated by Title 38

M.R.S.A. Section 435) on the Official Zoning Map are merely illustrative of

their general location. The exact location and boundaries of the area shall

be determined by on-site inspection and measurement from the normal

high-water line or the upland edge of a wetlands

5. Boundaries indicated as approximately following natural features such as

floodplains, wetlands, aquifers or watershed boundaries shall be construed

to follow said natural feature. The location of said natural feature shall be

determined by reference to:

a) The flood insurance rate map and floodway map;

b) The inventory of significant wetlands;

c) The state studies of significant sand and gravel aquifers, and

d) Independent site studies and evaluations.

6. Where physical or cultural features existing on the ground are at variance

with those shown on the Official Zoning Map, or other circumstances not

covered by subsections I through 5 above, the Board of Appeals shall

interpret the district boundaries.

F. Division of Lots of District Boundaries

Where zoning district boundary lines divides a lot or parcel of land in the same

ownership of record at the time such line is established by adoption or

amendment of this Ordinance, the use regulations applicable to the one portion

of the lot may be extended into the other portion of the lot by not more than 50

feet provided that the other portion is not within the Shoreland or Resource

Protection Districts.

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

3-6

G. Division of Lots by Municipal Boundaries

When a lot is situated in part in the Town of Turner and in part in an adjacent

municipality, the provisions, regulations and restrictions of this ordinance shall be

applied to that portion of such lot as lies in the Town of Turner.

H. District Uses

The land uses permitted in each district, in conformance with the Performance

Standards (Section 4) and Site Plan Review (Section 5) of this Ordinance, are

shown in the following tables.

KEY: Yes - permitted (no local permit necessary) (May require building

permit). Must comply with standards contained in Section 4 of this

Ordinance.)

No - prohibited

CEO - permit from code enforcement officer required

PB - Requires Planning Board Review

LPI - Local Plumbing Inspection

(1) Multi-family dwellings/apartments may be allowed as an accessory

use in commercial structures.

(2) Requires Site Plan Review.

(3) Requires Subdivision Review.

(4) Must comply with performance standards on lots of five acres or less.

(5) Expansion of existing cemeteries only.

(6) In the Resource Protection District, not permitted in areas so

designated because of wildlife value.

(7) Mobile home parks may be allowed in the Rural I and

Agricultural/Industrial Districts for the purpose of providing bonafide

farm labor housing. The mobile home park must be located on Farm

owned property, be managed by the Farm owner and shall be

occupied by only employees who work on the farm and their families.

Within six (6) months of abandonment of the production agriculture,

the mobile home park shall be removed. Such mobile home parks

shall comply with the Town of Turner Subdivision Ordinance.

(8) In existing structures only.

(9) If in compliance with Section 4.K.1.a.-d., no permit required.

(10) Only allowed after Commercial/Floating District is affixed and Site

Plan Review.

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

3-7

(11) In Resource Protection District, permitted within 75 feet of the normal

high water line of great ponds in accordance with Section 4.T.11.a.1

(12) Except to provide access to permitted uses within the District, or

where no reasonable alternative route or location is available outside

the Resource Protection District, in which case a permit is required

from the Planning Board.

(13) Except when area is zoned for Resource Protection due to floodplain

criteria in which case a permit is required from the Planning Board.

(14) Requires a permit for the Code Enforcement Office if more than 100

square feet of surface area, in total, is disturbed.

(15) A single-family dwelling or manufactured home may be allowed in the

Commercial I and Commercial II Districts provided the lot upon which

it is to be located is a back lot as defined herein, was legally

established and recorded in the Androscoggin County Registry of

Deeds prior to the effective date of this Ordinance and Sections 4.A

and B are met.

(16) Except the Code Enforcement Officer may issue a permit for Filling

and Earth Moving from 10 to 1,000 cubic yards associated with

development and construction requiring a CEO permit.

(17) Accessory structures to commercial, manufacturing and industrial

structures and uses of greater than 1,000 square feet in total floor

area shall require a review and approval of compatibility by the Code

Enforcement officer pursuant to Section 4.V.

(18) Should the structure which is to be converted from a seasonal

dwelling to a year-round dwelling be accessed by a nonconforming

right-of-way, the CEO shall require the provisions of Section 4.B to be

met.

(19) Except housing units used for the purpose of providing bonafide farm

labor housing are allowed with permit from the permitting authority.

Single Family Dwelling – CEO, Duplex – CEO, Mulit-Family Dwelling –

PB with Site Plan and Subdivision Approvals and Manufactured Home

– CEO.

(20) Except Auto Sales located along Route 4 in the Village District with

Planning Board Approval.

(21) In addition to Site Plan Review, the Planning Board shall find that the

standards contained in Section 4.Y are met.

(22) Not permitted in Resource Protection District when zoned Resource

Protection due to slopes or wildlife value.

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

3-8

(23) Excluding bridges and other crossings not involving earthwork, in

which case no permit is required.

(24) Permit not required, but must file a written “notice of intent to

construct” with CEO.

(25) See further restrictions in Section 4.T.8.

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

3-9

RESIDENTIAL USES

District

Use

Agricultural/I

ndustrial

Commercial

I

Commercial

II

Village

General

Residential I

General

Residential II

Rural

I

Rural

II

Shoreland

Resource

Protection

Single family dwelling

No19

No

No

CEO

CEO

CEO

CEO

CEO

CEO

No

Duplex

No19

No

No

CEO

CEO

CEO

CEO

CEO

CEO

No

Multi-family dwelling1

No19

No

No

PB3

PB3

PB3

No

No

No

No

Manufactured Home

No19

No

No

CEO

CEO

CEO

CEO

CEO

CEO

No

Mobile Home Park

No7

No

No

No

PB3

No7

No7

No

No

No

Open Space Development

No

No

No

PB3

PB3

PB3

PB3

PB3

PB3

No

Congregate Housing

No

No

No

PB2

PB2

PB2

No

No

No

No

Structures Accessory to

Allowed Uses

CEO

CEO

CEO

CEO

CEO

CEO

CEO

CEO

CEO

CEO

Swimming Pool

CEO

CEO

CEO

CEO

CEO

CEO

CEO

CEO

CEO

CEO

Conversion of Seasonal to

Year-round

No

CEO

CEO

CEO

CEO

CEO

CEO

CEO

CEO18

No

Home Occupation9

CEO

CEO

CEO

PB

CEO

CEO

CEO

CEO

PB

PB

Private Sewage Disposal

Systems for Allowed Uses

LPI

LPI

LPI

LPI

LPI

LPI

LPI

LPI

LPI

LPI

Uses Similar to Uses

Requiring Permit from

CEO

CEO

CEO

CEO

CEO

CEO

CEO

CEO

CEO

CEO

CEO

Uses Similar to Uses

Requiring Planning Board

Approval

PB

PB

PB

PB

PB

PB

PB

PB

PB

PB

Uses Similar to Not

Permitted

No

No

No

No

No

No

No

No

No

No

Yard Sales

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

3-10

EDUCATION, INSTITUTIONAL AND PUBLIC USES

District

Use

Agricultural/I

ndustrial

Commercial

I

Commercial

II

Village

General

Residenti

al I

General

Residential II

Rural I

Rural

II

Shoreland

Resource

Protection

Accessory Structures

CEO

CEO

CEO

CEO

CEO

CEO

CEO

CEO

CEO

CEO

Church, Synagogue, Paris

House

No

No

No

PB2

PB2

PB2

No

No

No

No

Community Centers

No

PB2

PB2

PB2

No

PB2

PB2

No

No

No

Day Care

PB2

PB2

PB2

PB2

PB2

PB2

PB2,8

No

PB2

No

Essential Services

A. Roadside

distribution lines

(34.5kV and lower) in

the shoreland area

B. Non-roadside or

cross-country

distribution lines

involving ten poles or

less in the shoreland

area

C. Non-roadside or

cross-country

distribution lines

involving eleven or

more poles in the

shoreland area

YES

-

-

-

YES

-

-

-

YES

-

-

-

YES

YES24

CEO

PB2 & 25

YES

-

-

-

YES

-

-

-

YES

-

-

-

YES

-

-

-

PB2

CEO25

CEO

PB2 & 25

PB2

CEO25

PB2 & 25

PB2 & 25

Fire, Police Stations

PB2

PB2

PB2

PB2

No

PB2

No

No

No

No

Government Office

No

PB2

PB2

PB2

No

PB2

No

No

No

No

Group Homes

No

No

No

PB2

PB2

PB2

PB2

No

No

No

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

3-11

Use

Agricultural/I

ndustrial

Commercial

I

Commercial

II

Village

General

Residenti

al I

General

Residential II

Rural I

Rural

II

Shoreland

Resource

Protection

Hospice, Nursing Home No No No PB2 PB2 PB2 No No No No

Museum/Library

No

PB2

PB2

PB2

No

PB2

PB2,8

No

No

No

Public, Private Schools

No

No

No

PB2

PB2

PB2

PB2

No

No

No

Public Utility Facility

PB2

PB2

PB2

PB2

PB2

PB2

PB2

PB2

No

No

Municipal Recycling

PB2

PB2

PB2

No

No

PB2

PB2

No

No

No

Clinics/Hospital

No

PB2

PB2

PB2

No

PB2

No

No

No

No

Private and Semi-Public

Clubs

No

PB2

PB2

PB2

No

PB2

No

PB2

No

No

Uses Similar to Uses

Requiring Review

Planning Board Permit

No

PB

PB

PB

PB

PB

PB

PB

PB

PB

Uses Similar to Not

Permitted

No

No

No

No

No

No

No

No

No

No

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

3-12

OUTDOOR, RESOURCE BASE USES

District

Use

Agricultural/I

ndustrial

Commercial

I

Commercial

II

Village

General

Residential I

General

Residential II

Rural

I

Rural

II

Shoreland

Resource

Protection

Accessory Structures

CEO

CEO

CEO

CEO

CEO

CEO

CEO

CEO

CEO

CEO

Agriculture

Yes

Yes

Yes

PB4

PB4

Yes

Yes

Yes

Yes

Yes

Confined Feeding

Operations

CEO

PB2

PB2

No

No

No

PB2

PB2

No

No

Agriculture Products

Processing and Storage

CEO

PB2

PB2

No

No

No

PB2

PB2

No

No

Farm Stands

Yes

PB2

PB2

PB2

PB2

Yes

Yes

Yes

PB2

No

Forest Management

activities except for timber

harvesting & land

management roads

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Land Management Roads

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

PB

Timber Harvesting

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

CEO11

Clearing or removal of

vegetation for activities

other than timber

harvesting

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

CEO11

Individual, Private

Campsites

No

No

No

No

CEO

CEO

CEO

CEO

CEO

CEO

Piers, docks, wharfs,

bridges & other structures

& uses extending over or

below the normal highwater

line or within a

wetland

A. Temporary

B. Permanent

CEO23

PB

CEO23

PB

CEO23

PB

CEO23

PB

CEO23

PB

CEO23

PB

CEO2

3

PB

CEO23

PB

CEO23

PB

CEO23

PB

Private Common Docking

Facility

No

No

No

No

No

No

No

No

No

No

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

3-13

Use

Agricultural/I

ndustrial

Commercial

I

Commercial

II

Village

General

Residential I

General

Residential II

Rural

I

Rural

II

Shoreland

Resource

Protection

Public Docking Facility

No

No

No

PB2

No

No

No

No

PB2

PB2/22

Road and Driveway

Construction

CEO

CEO

CEO

CEO

CEO

CEO

CEO

CEO

PB

No12

Parking Facilities

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

PB

No13

Cemetery

No

No

No

PB2

PB2

PB2

PB2,5

No

PB2,5

No

Mineral Exploration

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

CEO14

CEO14

Mineral Extraction

PB2

PB2

PB2

No

PB2

PB2

PB2

PB2

No

PB2

Gravel Pits/Quarries

PB2

PB2

PB2

No

No

PB2

PB2

PB2

PB2

PB2

Golf Course

No

PB2

PB2

No

PB2

PB2

PB2

No

PB2

PB13

Parks and Recreation

PB2

PB2

PB

PB2

PB2

PB2

PB2

PB2

PB2

PB2

Filling and Earth Moving

<10 cubic yards

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

CEO

Filling and Earth Moving

10-1,000 cubic yards

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

PB18

PB

Filling and Earth Moving

>1,000 cubic yards

CEO

CEO

CEO

CEO

CEO

CEO

CEO

CEO

PB

PB

Sludge Spreading

Yes

PB2

PB2

No

No

No

PB2

PB2

No

PB2

Septage Disposal Site

Yes

PB2

PB2

No

No

No

PB2

PB2

No

No

Uses Similar to Allowed

Uses

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Uses Similar to Use

Required Permit from

CEO

CEO

CEO

CEO

CEO

CEO

CEO

CEO

CEO

CEO

CEO

Uses Similar to Uses

Required Planning Board

Permit

PB

PB

PB

PB

PB

PB

PB

PB

PB

PB

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

3-14

Use

Agricultural/I

ndustrial

Commercial

I

Commercial

II

Village

General

Residential I

General

Residential II

Rural

I

Rural

II

Shoreland

Resource

Protection

Uses Similar to Not

Permitted

No No No No No No No No No No

Breeder & Brooder Barns

Yes

Yes

Yes

No

No

No

PB2

PB2

No

No

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

3-15

COMMERCIAL USES

District

Use

Agricultural/I

ndustrial

Commercial

I

Commercial

II

Village

General

Residential I

General

Residential II

Rural I

Rural

II

Shoreland

Resource

Protection

Accessory Structures17

CEO

CEO

CEO

CEO

CEO

CEO

CEO

CEO

CEO

CEO

Amusement Facility

(indoor)

PB2

PB2

PB2

PB2

No

No

No

No

No

No

Commercial Recreation

No

PB2

PB2

No

No

PB2

PB2

PB2

No

No

Rental Cabins

No

No

No

No

No

No

PB2

PB2

PB2

No

Automobile Recycling

No

PB2

No

No

No

No

PB2

No

No

No

Automobile Graveyard

No

No

No

No

No

No

No

No

No

No

Junkyard

No

No

No

No

No

No

No

No

No

No

Auto Body Shop

PB2

PB2

PB2

No

No

No

No

No

No

No

Auto Repair

PB2

PB2

PB2

PB2

No

No

No

No

No

No

Auto Sales

PB2

PB2

PB2

No20

No

No

No

No

No

No

Auto Car Wash

PB2

PB2

PB2

PB2

No

No

No

No

No

No

Bed & Breakfast

No

PB2

PB2

PB2

PB2

PB2

PB2

PB2

PB2

No

Building Materials - Retail

Sales

No

PB2

PB2

PB2

No

No

PB2

PB2

No

No

Commercial School

No

PB2

PB2

PB2

No

No

No

No

No

No

Firewood Processing

Yes

PB2

PB2

No

No

PB2

PB2

Yes

No

No

Gasoline Service Station

No

PB2

PB2

PB2

No

No

No

No

No

No

Hotel/Motel

No

PB2

No

PB2

No

No

No

No

PB2

No

Indoor Theater

No

PB2

No

PB2

No

No

No

No

No

No

Kennel, Stable, Veterinary

Hospital

PB2

PB2

PB2

No

No

PB2

PB2

No

No

No

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

3-16

Use

Agricultural/I

ndustrial

Commercial

I

Commercial

II

Village

General

Residential I

General

Residential II

Rural I

Rural

II

Shoreland

Resource

Protection

Neighborhood

Convenience Store

No

PB2

PB2

PB2

PB2

PB2

No

No

No

No

Offices: Business,

Professional, Medical

No

PB2

PB2

PB2

No

No

No

No

No

No

Publishing, Printing

No

PB2

PB2

PB2

No

No

No

No

No

No

Commercial

Communication Tower

PB2

PB2

PB2

PB2

No

No

PB2

PB2

No

No

Restaurant

No

PB2

PB2

PB2

No

PB2

PB2

No

PB2

No

Retail Business

No

PB2

PB2

PB2

No

No

No

No

No

No

Service Business

No

PB2

PB2

PB2

No

No

No

No

No

No

Shopping Center

No

PB2

PB2

PB2

No

No

No

No

No

No

Wholesale Business

PB2

PB2

PB2

No

No

No

PB2

PB2

No

No

Campground

No

No

No

No

No

No

PB2

PB2

PB2

No

Funeral Home

No

PB2

PB2

PB2

No

No

No

No

No

No

Agricultural Related

Services/Sales

PB2

PB2

PB2

PB2

No

PB2

PB2

No

No

No

Auction Barn/Antique

Sales

No

PB2

PB2

PB2

No

PB2

PB2,8

No

No

No

Cluster Commercial

Development

PB3

PB3

PB3

PB3

No

No

No

No

No

No

Farm Enterprise

PB21

No

No

No

No

No

PB21

PB21

No

No

Signs

CEO

CEO

CEO

CEO

CEO

CEO

CEO

CEO

CEO

CEO

Uses Similar to Uses

Requiring Planning Board

Permit

PB

PB

PB

PB

PB

PB

PB

PB

PB

PB

Uses Similar to Not

Permitted

No

No

No

No

No

No

No

No

No

No

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

3-17

INDUSTRIAL USES

District

Use

Agricultural/I

ndustrial

Commercial

I

Commercial

II

Village

General

Residential I

General

Residential II

Rural

I

Rural

II

Shoreland

Resource

Protection

Accessory Structure17

YES

YES

YES

YES

YES

YES

YES

YES

No

No

Bulk Oil, Gas Terminal

PB2

PB2

PB2

No

No

No

No

No

No

No

Demolition, Waste

Disposal

PB

No

No

No

No

No

No

No

No

No

Heavy Manufacturing

PB2

PB2

PB2

No

No

No

No

No

No

No

Light Manufacturing

PB2

PB2

PB2

PB2

No

No

PB

No

No

No

Commercial Recycling

Operations

PB2

PB2

PB2

No

No

No

No

No

No

No

Sawmill

PB2

PB2

PB2

No

No

No

PB2

Yes

No

No

Trucking, Distribution

Terminal

PB2

PB2

PB2

No

No

No

PB2

No

No

No

Warehousing and Storage

PB2

PB2

PB2

PB2,3

No

No

PB2,8

No

No