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

Village

General

Residential I

General

Residential II

Rural

Shoreland

Resource

Protection

Single family dwelling

No19

CEO

Duplex

No19

CEO

Multi-family dwelling1

No19

PB3

Manufactured Home

No19

CEO

Mobile Home Park

No7

PB3

No7

Open Space Development

PB3

Congregate Housing

PB2

Structures Accessory to

Allowed Uses

CEO

Swimming Pool

CEO

Conversion of Seasonal to

Year-round

CEO

CEO18

Home Occupation9

CEO

Private Sewage Disposal

Systems for Allowed Uses

LPI

Uses Similar to Uses

Requiring Permit from

CEO

Uses Similar to Uses

Requiring Planning Board

Approval

Uses Similar to Not

Permitted

Yard Sales

Yes

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

3-10

EDUCATION, INSTITUTIONAL AND PUBLIC USES

District

Use

Agricultural/I

ndustrial

Commercial

Village

General

Residenti

al I

General

Residential II

Rural I

Rural

Shoreland

Resource

Protection

Accessory Structures

CEO

Church, Synagogue, Paris

House

PB2

Community Centers

PB2

Day Care

PB2

PB2,8

PB2

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

YES24

CEO

PB2 & 25

YES

PB2

CEO25

CEO

PB2 & 25

PB2

CEO25

PB2 & 25

Fire, Police Stations

PB2

Government Office

PB2

Group Homes

PB2

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

3-11

Use

Agricultural/I

ndustrial

Commercial

Village

General

Residenti

al I

General

Residential II

Rural I

Rural

Shoreland

Resource

Protection

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

Museum/Library

PB2

PB2,8

Public, Private Schools

PB2

Public Utility Facility

PB2

Municipal Recycling

PB2

Clinics/Hospital

PB2

Private and Semi-Public

Clubs

PB2

Uses Similar to Uses

Requiring Review

Planning Board Permit

Uses Similar to Not

Permitted

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

3-12

OUTDOOR, RESOURCE BASE USES

District

Use

Agricultural/I

ndustrial

Commercial

Village

General

Residential I

General

Residential II

Rural

Shoreland

Resource

Protection

Accessory Structures

CEO

Agriculture

Yes

PB4

Yes

Confined Feeding

Operations

CEO

PB2

Agriculture Products

Processing and Storage

CEO

PB2

Farm Stands

Yes

PB2

Yes

PB2

Forest Management

activities except for timber

harvesting & land

management roads

Yes

Land Management Roads

Yes

Timber Harvesting

Yes

CEO11

Clearing or removal of

vegetation for activities

other than timber

harvesting

Yes

CEO11

Individual, Private

Campsites

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

CEO2

CEO23

Private Common Docking

Facility

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

3-13

Use

Agricultural/I

ndustrial

Commercial

Village

General

Residential I

General

Residential II

Rural

Shoreland

Resource

Protection

Public Docking Facility

PB2

PB2/22

Road and Driveway

Construction

CEO

No12

Parking Facilities

Yes

No13

Cemetery

PB2

PB2,5

Mineral Exploration

Yes

CEO14

Mineral Extraction

PB2

Gravel Pits/Quarries

PB2

Golf Course

PB2

PB13

Parks and Recreation

PB2

Filling and Earth Moving

<10 cubic yards

Yes

CEO

Filling and Earth Moving

10-1,000 cubic yards

Yes

PB18

Filling and Earth Moving

>1,000 cubic yards

CEO

Sludge Spreading

Yes

PB2

Septage Disposal Site

Yes

PB2

Uses Similar to Allowed

Uses

Yes

Uses Similar to Use

Required Permit from

CEO

Uses Similar to Uses

Required Planning Board

Permit

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

3-14

Use

Agricultural/I

ndustrial

Commercial

Village

General

Residential I

General

Residential II

Rural

Shoreland

Resource

Protection

Uses Similar to Not

Permitted

No No No No No No No No No No

Breeder & Brooder Barns

Yes

PB2

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

3-15

COMMERCIAL USES

District

Use

Agricultural/I

ndustrial

Commercial

Village

General

Residential I

General

Residential II

Rural I

Rural

Shoreland

Resource

Protection

Accessory Structures17

CEO

Amusement Facility

(indoor)

PB2

Commercial Recreation

PB2

Rental Cabins

PB2

Automobile Recycling

PB2

Automobile Graveyard

Junkyard

Auto Body Shop

PB2

Auto Repair

PB2

Auto Sales

PB2

No20

Auto Car Wash

PB2

Bed & Breakfast

PB2

Building Materials - Retail

Sales

PB2

Commercial School

PB2

Firewood Processing

Yes

PB2

Yes

Gasoline Service Station

PB2

Hotel/Motel

PB2

Indoor Theater

PB2

Kennel, Stable, Veterinary

Hospital

PB2

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

3-16

Use

Agricultural/I

ndustrial

Commercial

Village

General

Residential I

General

Residential II

Rural I

Rural

Shoreland

Resource

Protection

Neighborhood

Convenience Store

PB2

Offices: Business,

Professional, Medical

PB2

Publishing, Printing

PB2

Commercial

Communication Tower

PB2

Restaurant

PB2

Retail Business

PB2

Service Business

PB2

Shopping Center

PB2

Wholesale Business

PB2

Campground

PB2

Funeral Home

PB2

Agricultural Related

Services/Sales

PB2

Auction Barn/Antique

Sales

PB2

PB2,8

Cluster Commercial

Development

PB3

Farm Enterprise

PB21

Signs

CEO

Uses Similar to Uses

Requiring Planning Board

Permit

Uses Similar to Not

Permitted

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

3-17

INDUSTRIAL USES

District

Use

Agricultural/I

ndustrial

Commercial

Village

General

Residential I

General

Residential II

Rural

Shoreland

Resource

Protection

Accessory Structure17

YES

Bulk Oil, Gas Terminal

PB2

Demolition, Waste

Disposal

Heavy Manufacturing

PB2

Light Manufacturing

PB2

Commercial Recycling

Operations

PB2

Sawmill

PB2

Yes

Trucking, Distribution

Terminal

PB2

Warehousing and Storage

PB2

PB2,3

PB2,8

Airport

PB2

Abattoirs

PB2

Bulk Grain Storage

PB2

Uses Similar to Uses

Requiring Planning Board

Permit

Uses Similar to Not

Permitted

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

3-18

I. Space and Bulk Standards

Lots in each District shall meet or exceed the following minimum space and bulk

standards (variations in bulk and space standards may be allowed by Section 4

of this ordinance and the Town of Turner Subdivision Ordinance). After the

effective date of this ordinance, no lot shall be created or reduced below the

minimum standards unless allowed by other provisions of this ordinance.

1. Land below the normal high-water line of a water body and land beneath

streets serving more than two (2) lots shall not be included toward

calculating minimum lot area for single lots.

2. Lots located on opposite sides of public or private road shall be considered

each a separate tract or parcel of land unless such road was established by

the owner of land on both sides thereof after September 22, 1971.

3. The minimum width of any portion of any lot within 100 feet, horizontal

distance, of the normal high-water line of a water body or upland edge of a

wetland shall be equal to or greater than the shore frontage requirement for

a lot with the proposed use.

4. The Planning Board may reduce the side yard and rear yard setbacks for

commercial, industrial and institutional uses. In no case shall the side yard

and rear yard setbacks be reduced by greater than 75 percent, without

written agreement between abutting property owners. With written

agreement, recorded in the county registry of deeds, the Planning Board

may reduce the side and rear yard setbacks to zero. The Planning Board

shall consider the location of the lot, existing or proposed activities on

adjacent lots and the impacts of the reduced setbacks. In the decision to

reduce the side yard and rear yard setbacks, the Planning Board shall

consider whether the abutting property owners have consented to such

setback reductions. The Board shall make a written finding of fact that the

reduction in setback will not affect the public health, safety and welfare or

nullify the intent and purpose of this Ordinance.

5. Cul-de-sac Frontage: New building lots located at the cul-de-sacs or

along curves in a street where the radius of the curve at the front lot line is

less than 90 feet, may be designed so that they have a minimum of 35 feet

of street frontage along the front lot line, so long as lot width at the location

where the principal building is to be constructed is at least equal to the

distance normally required for street frontage in that district.

6. Multiple Structures: If more than one principal structure is constructed on

a single parcel of land, the "minimum lot area" requirement shall apply to

each structure, and each structure shall meet the front, side and rear

setback and road frontage requirements.

Each structure shall be so situated and constructed to be capable of being

sold or transferred separately with a conforming lot except as may be

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

3-19

allowed in Section 4. In the Commercial I, Commercial, II, Village and

Agricultural/Industrial Districts each principal structure does not need be so

situated and constructed to be capable of being sold or transferred

separately with a conforming lot. Provided that the required lot size, and

frontages for each principal structure, required setbacks, maximum building

coverage, maximum impervious surface ratio and minimum pervious ratio

as set forth in Section 3.I Bulk and Space Standards are met.

7. Parking Areas: Parking areas shall not be located within any required front

setback area but may be located within five (5) feet of the side and rear lot

lines or within zero feet with abutting property owner agreements with

approvals from the Planning Board as noted in I.4. above.

8. Setback Measurements: All setbacks shall be measured from the property

line to the nearest part of the structure except as may be provided for in

other provisions of this Ordinance.

9. Garages, Accessory Structures: No garage or other accessory building

shall be located in the required setbacks except as permitted below. When

located to the rear or side of the principal building, accessory buildings no

larger than 150 sq.ft. in floor area may be located within the required side or

rear setbacks provided that no such structure shall be located less than 6

feet from a side or rear lot line.

10. Corner Lots: The front setback and lot frontage requirement shall be

observed along all roads abutting the lot. For the purpose of this

paragraph, property lines intersecting the road(s) shall be considered

sidelines.

11. Corner Lot Obstructions: All corner lots shall be kept free from visual

obstruction for a distance of a radius of 25 feet measured from the street

lines.

12. Height Limits of 45 feet may be exceeded for structures not intended for

human habitation upon review and approval of the Turner Fire Chief and

Planning Board as required in Section 5. In no case shall egress window sill

height exceed 30 feet from the ground.

13. Each lot must be able to completely contain within its boundaries an area

as would be defined by a circle with a minimum diameter equal to the

required minimum road frontage as required in the District.

14. Lots for duplexes shall require a minimum of 150 percent of the lot size and

road frontage requirements for a single-family home in the district except in

the Shoreland Area where lot size and shore frontage shall be equal to or

greater than that for two single-family dwellings.

15. Zone Line Setback: All development proposed on lots within the

Agricultural/Industrial District, Commercial I District or Commercial II District

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

3-20

which abut a zone line for the Village District, General Residential I District,

General Residential II District, Rural District, Shoreland District or Resource

Protection District shall maintain a 50 foot yard from the zone boundary

line. This yard requirement may be reduced to zero feet with abutting

property owner agreements and approvals from the Planning Board as

noted in I.4. above

All development proposed on lots within the Village District, General

Residential I District, General Residential II District, Shoreland District and

Resource Protection District which abut a zone line for the

Agricultural/Industrial District, Commercial I District, or Commercial II

District shall also maintain a 50 foot yard from the zone boundary line. This

yard requirement may be reduced to zero feet with abutting property owner

agreements and approvals from the Planning Board as noted in I.4. above

16. Table of Regulations. The table appearing below is a part of this

Ordinance and sets forth the minimum space, coverage, bulk, setback and

frontage requirements that must be observed in all districts except as

allowed by waiver or density bonus granted by the Planning Board in

connection with approval of a subdivision, elderly and congregate housing

complexes, affordable housing development or open space subdivision.

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

3-21

SPACE AND BULK STANDARDS

District

Minimum Lot

Size/

Density

Minimum

Road

Frontage

Minimum

Shore

Frontage

Minimum

Front

Setback/

Yard5

Shoreland Area

Minimum

Setback/Normal

High Water

Line/Upland

Edge/Wetland

Minimum

Side

Setback/

Yard

Minimum

Rear

Setback/

Yard

Maximum

Building

Coverage

Ratio

Maximum

Impervious

Surface

Ratio

Minimum

Pervious

Ratio

Maximum

Structure

Height

Agricultural/Ind

ustrial

80,000 sq. ft.

250 ft.

50 ft.2 /

15 ft.

100 ft./pond

75 ft./other4

15 ft./5 ft

10 ft./5 ft.

0.60

0.75

0.25

100 ft.6

Commercial I

40,000 sq. ft.

200 ft.

50 ft.2 /

15 ft.

100 ft./pond

75 ft./other4

15 ft./5 ft.

10 ft./5 ft.

0.50

0.75

0.25

45 ft.6

Commercial II

80,000 sq. ft.

250 ft.

50 ft.2 /

15 ft.

100 ft./pond

75 ft./other4

50 ft./15 ft.

25 ft./5 ft.

0.40

0.60

0.40

45 ft.6

Village8

20,000 sq. ft.1

100 ft.

20 ft.2 /

10 ft.

25 ft.

10 ft./5 ft.

10 ft./ 5 ft.

0.50

0.80

0.20

45 ft.6

General

Residential I

40,000 sq. ft.

200 ft.

70 ft.3

100 ft./pond

75 ft./other4

25 ft.

0.20

0.40

0.50

35 ft.6

General

Residential II

80,000 sq. ft.

250 ft.

70 ft.3

100 ft./pond

75 ft./other4

25 ft.

0.20

0.50

35 ft.6

Rural I

80,000 sq. ft.

250 ft.

70 ft.3 /

25 ft9.

100 ft./pond

75 ft./other4

25 ft./

10 ft. 9

25 ft./

10 ft. 9

0.30

0.50

45 ft.6

Rural II

5 acres

300 ft.

70 ft. 3 /

25 ft.

100 ft./pond

75 ft./other4

25 ft./ 10

ft.

25 ft./

10 ft.

0.20

0.80

45 ft. 6

Shoreland

80,000 sq. ft.

250 ft.

70 ft.3 /

35 ft. 9

100 ft./pond

75 ft./other4

25 ft.

0.207

0.20

N.A.

35 ft.6

Resource

Protection

80,000 sq. ft.

250 ft.

70 ft.3

100 ft./pond

75 ft./other4

25 ft.

0.207

0.20

N.A.

45 ft.6

NOTES: 1Lot sizes for a new development may be required to exceed 20,000 sq.ft.. depending upon soil characteristics for subsurface sewage disposal.

2Measured from the edge of the right-of-way.

3Measured from the center line of the travelway.

4Includes rivers, steams and upland edge of wetlands as defined.

5Parking lots/areas, accessory structures and storage shall not be located in the required setbacks except as provided for herein.

6In no case shall egress window sill height exceed thirty (30) feet from the ground.

7The total area of all structures, parking lots and other non-vegetated surfaces within the Shoreland and Resource Protection District shall not exceed 20

percent of the lot or a portion of the lot located in the District including land area previously developed.

8All lots which have frontage on Route 4 and will be accessed from Route 4 shall comply with all the Space and Bulk Standards for the Commercial I

District.

9Except Commercial Uses which shall maintain a yard equal to the required setback.

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

4-1

SECTION 4. Performance Standards

The performance standards contained in this Section shall apply to all uses and

activities, unless otherwise specified, whether or not specific approval or a permit is

required.

A. Back Lots

Back lots may be developed for uses permitted in the district if they are or can be

provided with a right-of way that connects with a public street or a privatelyowned

street which privately-owned street meets the standards contained in

Section VI.H. of the Town of Turner Street Construction Ordinance and which

complies with the following provisions:

If a back lot is accessible only by a legally enforceable right-of-way, it may be

used if the following conditions are met:

I. The right-of-way must be conveyed by deed recorded in the Androscoggin

County Registry of Deeds to the owner of the back lot and be a minimum of

60 feet in width.

2. A legal description of the right-of-way by metes and bounds shall be

attached to any building permit application for construction on the back lot.

3. Except for lots of record on the effective date of this Ordinance, the right-ofway

deed must be recorded in the Androscoggin County Registry of Deeds

at the time the back lot is first deeded out as a separate parcel.

4. Creation of the right-of-way to serve the back lot shall not create a nonconforming

front lot by reducing such lot's required road frontage below the

minimum, or, if the front lot is already nonconforming, with respect to road

frontage, reduce its road frontage at all. Where the right-of-way is

conveyed or granted by easement or irrevocable license, or some grant

less than a fee interest, the land over which such right of way is placed may

not be counted toward meeting minimum lot area, coverage, bulk, setback

or frontage requirements for the front lot.

5. The right-of-way may serve only one principal use or structure unless the

following provisions are met:

a. The right-of-way may serve two single-family dwellings if a driveway

meeting the standards contained in the Town of Turner Street

Construction Ordinance is built.

b. The right-of-way may serve more than two dwellings provided the

provisions of Sections VI and VI I of the Town of Turner Street

Construction Ordinance are met.

6. No more than one right-of-way for back lot development may be created out

of a single lot fronting on a state or town maintained road or private road

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

4-2

road unless each subsequent right-of-way is created out of at least an

additional frontage as required in Section 3. I. for that District, and the rightof-

way entrances to such road are at least the required frontage plus half of

the right of way width.

7. If the right-of-way is brought up to standards as set forth in the Town of

Turner Road Standards Ordinance, further principal uses or structures may

be constructed on a back lot with Planning Board approval provided all

other space and bulk requirements are met for each such principal use or

structure. For purposes of such approval, the sale or lease of additional

lots or the construction of additional principal structures served by the rightof-

way shall be considered in the same manner and under the same

restrictions and requirements as if such division or construction were a

subdivision.

8. Each single-family dwelling on a back lot shall be located within the area

defined by a circle with a minimum diameter equal to the required road

frontage as required in the District.

B. Lots Served by Nonconforming Rights-of-way

A lot of record which could otherwise be legally built upon but which is served by

a right-of-way which does not comply with Section 4.A. of this ordinance may

nevertheless be used for a single-family dwelling with Planning Board approval.

This provision shall not be interpreted to allow lots created after March 9, 1991,

to not have to comply with Section 4.A. of this Ordinance. The Board shall

require the following before approval may be granted.

1. A copy of the deed or other legal instrument, if such exists, which grants

use of the right-of-way and the description of the right-of-way;

2. A statement indicating how those that use the right-of-way to access their

residences will provide for adequate maintenance provision for the right-ofway;

3. The names and addresses of all others granted use of the right-of-way if

such is not a public easement;

4. Assurance in such form as the Planning Board may require that all other

applicable state laws and regulations and local ordinances will be complied

with; and

5. A statement in recordable form signed by the applicant that if conversion of

summer camps or the erection of new dwellings accessed by the

unaccepted right-of-way occurs, those persons owning property on the

unaccepted right-of-way shall continue to assume responsibility for

maintaining and plowing the access road and that, because the private

access road is not constructed to town street standards, the travel of

personal, service, emergency and maintenance vehicles over the access

road may be hindered. Nothing contained within shall be construed as

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

4-3

requiring the Town to provide additional services to properties on

unaccepted rights-of-way not already receiving those services or to accept

such rights-of-way as public streets.

C. Apartment Conversions

1. Purpose. The purpose of these standards is to provide less expensive

rental units; make housing units available to lower income households who

might otherwise have difficulty finding housing in Turner and to protect

property values and traditional residential characteristics.

2. General Requirements. The conversion of single family dwellings,

existing on the effective date of this ordinance located on lots which

otherwise would not meet the dimensional requirements for multi-family

housing may be converted to multi-family with a permit issued by the Code

Enforcement Officer provided that the following are met:

a. Such conversion shall not create more than four dwelling units in any

structure including the original dwelling unit. If the construction of the

structure began on or after September 23, 1988, and if three or more

dwelling units are created in a five-year period, subdivision approval is

required from the Planning Board as required by Title 30-A M.R.S.A.

Section 4401 et seq.

b. The additional dwelling units shall be complete, separate housekeeping

units that are isolated from the original unit.

c. The additional dwelling units shall be designed so that the appearance

of the structure remains that of a single-family dwelling, with the

exception of emergency egress, if so required.

d. The design and size of the additional dwelling units conform to all

applicable standards in the Town of Turner Building Code and all

other applicable codes.

e. Adequate off-street parking shall be provided which does not

encroach upon required setbacks.

f. Subsurface sewage disposal shall comply with all provisions of the

State of Maine Subsurface Wastewater Disposal Rules.

D. Rural II Density

Lot size within the Rural II District requires a minimum area of five (5) acres and

300 feet of frontage. With CEO approval, individual lot sizes in this district can

be reduced to a minimum area of 80,000 square feet with 200 feet of frontage

provided all of the following criteria are met:

1. The overall allowable density of the individual lot or lots created must meet

the minimum lot area of five (5) acres per dwelling unit.

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

4-4

2. To meet allowable density, the difference between the size of lot sold and

the required density must be preserved or set aside by easement or

deeded conservation area with restrictive covenants which prohibit building

construction or uses other than recreational or conservation purposes.

3. Title to the easement or deeded conservation area shall be transferred with

the lot sold and shall also be conveyed to an independent conservation

group, land trust or the Town of Turner.

4. The easement or deeded conservation area shall not include land area

zoned as Resource Protection, Land subject to existing easement rights or

rights of way.

5. The easement or deeded conservation area shall be established, located or

set aside in an area that will promote conservation goals, wildlife habitat

preservation, recreational opportunities, and can be expanded or is

adjacent to existing conservation areas.

DD. Planned Unit Development Standards

1. Purposes

This Section provides for developments that contain a mixture of land uses

including, but not limited to, residential, commercial, recreational, public and

open space that are preplanned and developed under a unified approach. It

allows innovative approaches to mixed use developments and authorizes

the Board to reduce certain requirements of this Ordinance provided that

the following are guidelines are achieved:

a. Will be in accordance with the Comprehensive Plan;

b. Will be reasonably self-sufficient in the provision of necessary

services, such as sewerage, water supply, off-street parking,

recreational amenities, and long-term management of common

facilities;

c. Will integrate a variety of residential, commercial, and/or recreational

uses;

d. Will provide for efficient use of the land, minimizing the required

networks of streets and utilities; and

e. Will avoid the disadvantages of strip development by limiting vehicular

access points to the Development.

2. Permitted Districts

Plan Unit Developments are permitted in the Commercial I, Commercial II,

Village and Agricultural/Industrial Districts

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

4-5

3. Procedure

a. Proposed planned unit developments shall be reviewed under the

Town of Turner Subdivision Ordinance and Section 5, Site Plan

Review when the applicant proposes to construct and/or develop non

residential uses. The tract or parcel of land proposed for planned unit

development must be in single ownership or the subject of an

application filed jointly by the owners of all the property included. The

applicant must demonstrate right, title, or interest in the land that is the

subject of the application. The planned unit development review

procedure shall consist of the following steps:

i. a preapplication conference;

ii. preliminary development plan;

iii. final development plan and subdivision and site plan review

approval as applicable.

b. The preapplication conference shall serve the purpose of informally

acquainting the Board with the overall scope and intentions of the

proposed planned unit development and of acquainting the developer

with the requirements of this Section. At the preapplication

conference, the developer shall submit to the Board a sketch plan of

the proposed planned unit development, which generally shows the

bounds of the total development and the mix of land uses proposed

and their general locations. No action shall be required on the sketch

plan, which is presented for informational purposes only.

c. The preliminary development plan shall constitute a formal submission

of a subdivision application and site plan review application to the

Board. In addition to the submission requirements for subdivision and

site plan review applications the following items are required to be

submitted as part of any preliminary development plan:

i. a legal description of the total planned unit development

boundaries and of any divisions of the land, existing or

proposed, within these boundaries.

ii. a statement of present and proposed ownership of all lands

within the proposed planned unit development.

iii. a reasonably complete development schedule that indicates

when the project and stages thereof will begin and be

completed.

iv. a statement sufficient to satisfy the Board that the project

can be realistically financed and completed.

v. the subdivision and site plan shall include clear notations as

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

4-6

to which facilities are proposed to be in public, private, or

common ownership.

vi. the Board shall, as part of its review of the preliminary

development plan, conduct a public hearing on the Planned

Unit development.

d. The final development plan shall constitute a formal submission of a

final subdivision application and site plan review application to the

Board, but only of such part of the Planned Unit Development that has

received approval of a preliminary development plan. In addition to

the submission requirements for subdivision and site plan review

applications the following items are required to be submitted as part of

any final development plan:

i. drawings that include all the information required under the

preliminary development plan.

ii. copies of restrictive covenants or deed restrictions relating to

the development.

iii. evidence of the formation and incorporation by the developer

of any owner's association that may be proposed to manage

and maintain common spaces and facilities.

4. Standards

a. For the purpose of establishing space and bulk standards applicable

to planned unit developments, notwithstanding district regulations to

the contrary, the space and bulk standards for planned unit

developments shall be as follows. Dimensional reductions shall not be

considered as a variance as provided for in Title 30-A MRSA Section

4353.4-C.

i. A Planned Unit Development shall contain at least the

minimum land area for the proposed uses as required in

Section 3.I, Space and Bulk Standards. The acreage shall be

contiguous, unless the Board finds that noncontiguous acres

are part of a common, overall scheme of development.

Allowable uses shall be only those listed as permitted in the

District where the Planned Unit Development will be located.

ii. Areas may be created for nonresidential uses shall include

sufficient land area to support any proposed structures, the

required off-street parking for the uses, whether or not the

parking actually is located on the lots, and safe pedestrian

circulation.

iii. All buildings or structures shall be setback from the

perimeter boundary lines of the planned unit development

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

4-7

the minimum distances as required in Section 3.I.

iv. Principal structures shall be separated by a distance equal to

at least the height of the tallest adjacent structure.

v. Maximum impervious surface coverage in a Planned Unit

Development shall not exceed that set forth in Section 3.I.

vi. No lot or use shall have direct vehicular access to an existing

off site public street.

vii. Other space and bulk dimensions for Planned Unit

Developments shall be as shown and approved by the Board

on the final development plan.

b. Where possible, buildings shall be oriented with consideration scenic

vistas, natural landscape features and topography.

c. All utilities shall be installed underground, unless specifically waived

by the Planning Board.

d. A system of pedestrian circulation and amenities including sidewalks

within and adjacent to the Planned Unit Development shall be

provided.

E. Elder Cottage Housing Opportunity (ECHO) Units

1. Purpose: The purpose of these standards is to provide for the temporary

habitation of a dwelling unit, to be occupied by an older person(s), on lots

where single family dwellings exist, except in the Shoreland & Resource

Protection Districts, so that adult children may care for aging parents or

certain persons with a disability.

2. General Requirements: The construction or placement of an "ECHO" unit

on a lot which a single family dwelling is located may be allowed by a

permit granted by the Code Enforcement Officer regardless of lot size and

frontage if the following are met.

a. The owner of the principal structure must reside in either the principal

structure or the "ECHO" unit.

b. The owner of the principal structure shall be related to occupants by

blood, marriage or adoption.

c. The occupants of the "ECHO" unit must be at least 62 years of age or

be unable to live independently due to a disability.

d. The number of occupants of the "ECHO" unit shall be limited to two

persons.

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

4-8

e. All zoning setbacks and lot coverage requirements contained in

Section 3 of this ordinance shall be met. Wherever possible, the unit

shall be placed to the side or rear of existing structures.

f. There shall be a separation of a minimum of fifteen (15) feet between

the principal dwelling and the "ECHO" unit.

g. The maximum size of the "ECHO" unit shall be 560 square feet of

living space and shall be limited in size to accommodate one (1)

bedroom (i.e. Park Model Mobile Homes will be allowed).

h. The subsurface sewage disposal system on the property shall be

functioning properly and be of sufficient size to accommodate the

additional flow. In addition, there shall be sufficient land area for an

expansion or replacement system which is in compliance with the

State of Maine Subsurface Wastewater Disposal Rules, if needed.

i. The parking requirements of the performance standards contained

herein or those of the applicable zoning district apply.

j. Proper ingress and egress shall be provided to an ECHO unit.

k. Prior to the issuance of a building permit for the placement or

construction of an ECHO unit by the Code Enforcement Officer, the

owner of the property shall sign a binding agreement limiting the

approval of an ECHO unit for the purposes set forth in this subsection,

and that ECHO unit must be removed or converted to a non-habitable

accessory structure within ninety (90) days from the date of

occupancy cessation or when no qualified person lives within. The

agreement shall require the ECHO use permit to be renewed each

year the ECHO unit is in use on or before April 1st. The CEO shall

send notice of the renewal requirement each year by the end of

January and shall notify all non-renewed permit holders to convert or

remove the ECHO unit by May 30th.

F. Multi-Family Dwellings

1. In districts where permitted, multi-family development may be allowed by

the granting of subdivision approval by the Planning Board in accordance

with the Town of Turner Subdivision Ordinance, the following and other

provisions of this Ordinance.

2. Dimensional requirements for all multi-family development shall meet or

exceed the following:

a. Within the area regulated by Title 38 M.R.S.A. Section 435 et seq.,

(Mandatory Shoreland Zoning Act) lot area and shore frontage shall

be equal to that required for the equivalent number of single family

dwelling units.

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

4-9

b. In the Village District, the lot size shall be equal to or exceed . the

requirements of the State Plumbing Code per dwelling unit.

c. In the General Residential I and II Districts, lot size shall equal or

exceed 80,000 sq.ft. for the first three units and 20,000 sq.ft. for each

additional unit in excess of three per structure.

d. Street frontage for eight units or less shall be not less than the

required frontage for a single-family dwelling. Street frontage for more

than eight units shall be not less than twice what is required for a

single family dwelling except in the Village District where street

frontage shall be a minimum of 200 feet.

e. A density bonus of up to 10% of the total lots or units shall be allowed

in multi-family developments if, in the determination of the Planning

Board, sewage disposal capacity exists and the applicant agrees to

market such lots or units within defined affordable guidelines. Deed

restrictions or other binding provisions must be made that continue the

affordability to future purchasers or renters.

3. Water Supply

The applicant shall demonstrate the availability of adequate supply and

quality of water for both domestic and firefighting purposes. The Planning

Board may require the construction of fire ponds and dry hydrants as it

deems necessary.

4. It shall be the responsibility of the owner to provide for rubbish disposal,

snow removal, and site maintenance. All outdoor storage areas for waste

collection shall be enclosed by a wooden or masonry screen at least six

feet in height.

5. A 25-foot landscaped or natural vegetative buffer shall be provided and

maintained along all property boundaries.

6. Storm water and surface drainage systems shall be designed in

accordance with the Town of Turner Subdivision Ordinance.

7. Access, Circulation and Parking

a. The proposed development shall provide for safe access to and from

public or private roads. Safe access shall be assured by providing an

adequate number and location of access points with respect to sightdistances,

intersections, schools, and other traffic generators. All

corner lots shall be kept clear from visual obstructions.

b. The proposed development shall not have an unreasonable adverse

impact on the public road system, and shall assure safe interior

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

4-10

circulation within its site, by separating pedestrian and vehicular traffic

and by providing adequate parking and turn around areas.

8. Recreation and Open Space

All multi-family developments of 6 dwelling units or more shall provide a

developed play area no smaller than 5,000 sq.ft. Any development in which

occupancy is restricted to the elderly need not provide a play area, but

space shall be provided for outdoor recreation.

G. Elderly and Congregate Housing Complexes

1. For each elderly housing unit contained in an elderly housing complex,

there shall be provided a minimum lot area of 20,000 square feet.

2. Minimum street frontage shall equal or exceed that required for a single

family dwelling in the District.

3. All the provisions contained in Section 4.F.3.-8 shall be met for elderly

housing complexes.

4. A density bonus of up to 10% of the total units shall be allowed in an elderly

or congregate housing complex if, in the determination of the Planning

Board, sewage disposal and water capacity exist for the project.

H. Mobile Homes

1. Mobile Home Parks

For each lot in a mobile home park, there shall be provided a minimum lot

area, frontage and setbacks as follows:

a. Lots served by individual subsurface waste water disposal systems.

Minimum lot area: 20,000 sq.ft.

Minimum lot width: 100 ft.

b. Lots served by a central subsurface waste water disposal system

approved by the Maine Department of Human Services.

Minimum lot area: 12,000 sq.ft.

Minimum lot width: 75 ft.

c. The overall density of any park served by any subsurface waste water

disposal system shall not exceed one dwelling unit per 20,000 sq.ft. of

total park area.

d. Minimum Setbacks

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

4-11

1) Structures shall not be located less than 15 feet from any

boundary line of an individual lot.

2) Mobile homes in a mobile home park adjacent to a public road

shall be set back from the road a distance equal to the set back

requirements for other residential developments in that district.

3) No mobile home lot may have vehicular access directly onto a

State or town-maintained road.

e. A 50-ft. wide buffer strip shall be provided along all property

boundaries that:

1) abut residential land which has a gross density of less than half

of that proposed in the park, or

2) abut residential land that is zoned at a density of less than half of

that proposed in the park.

Further, no structures, streets or utilities may be placed in the

buffer strip except that they may cross a buffer strip to provide

services to the park.

f. No lot in a mobile home park may be sold or conveyed unless such lot

sold meets the lot size requirement of the district in which it is located.

2. Safety Standards

The purpose of these standards is to establish a condition of safety that will

allow the mobile home to perform in a manner that will greatly reduce

hazards that present an imminent and unreasonable risk of death or serious

personal injury to its inhabitants or other residents of the park.

a. These standards shall apply to all manufactured housing built before

June 15, 1976, or not built according to the National Manufactured

Housing Construction and Safety Standards Act of 1974, United

States Code, Title 42, Chapter 70, to be located in a mobile home

park.

1) All homes with roofs added after construction will require a

professional engineer to review the roof design to determine that

the roof and home can withstand the rigors of State of Maine

winter or wind uplifts that may occur.

2) A person holding a master license issued by the State of Maine

Oil and Solid Fuel Examining Board shall inspect and certify that

the heating and fuel system meets the requirements of NFPA-31

- Installation of Oil Burning Equipment as adopted by that Board,

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

4-12

or other applicable standards here-after revised or enacted.

3) A person holding a master license issued by the State of Maine

Electricians Examining Board shall inspect and certify that the

electrical system is safe and meets the National Electrical Code

in effect at the time the home was constructed.

I. Open Space Subdivisions

1. Policy

It is the policy of the Town of Turner to encourage the use of open space

subdivisions in order to preserve a sense of space, provide for agriculture

and forestry as well as recreational land, preserve other resources

identified in the Town of Turner Comprehensive Plan, and harmonize new

development with the traditional open, wooded, agricultural and village

landscapes of the Town.

This performance standard is intended to implement that policy by providing

incentives that afford flexibility to landowners in road and lot layout and

design, placement of residential structures and road frontage requirements

and by allowing the Planning Board to expedite procedure and to waive or

reduce certain otherwise applicable standards and provisions of this

ordinance and the Town of Turner Subdivision Ordinance if such

landowners commit to the permanent preservation of important open space

resources. It shall not be construed as granting variances to relieve

hardship when the Planning Board grants waivers provided for in this

section. These incentives are designed to encourage greater flexibility and

more innovative approaches to housing and environmental design that will

promote the most appropriate use of land and will preserve, as permanent

open space, agricultural or forestry land, important natural features, wildlife

habitat, water resources, ecological systems, and historic and scenic areas

for the benefit of present and future residents.

2. Purposes

A open space subdivision achieves the purposes of this performance

standard by reducing the lot size, frontage and setback requirements as

contained in this Ordinance, modifying the road design standards contained

in the Town of Turner Street Construction Ordinance, and clustering

housing and uses in those areas where they have the least impact on

identified environmental, agricultural and other open space resources.

These resources are then permanently preserved by the use of covenants

and restrictions or conservation easements that run with the land. The

cluster principle can be applied to subdivisions of any size.

To qualify as an open space subdivision, a subdivision must achieve those

of the following purposes that the Planning Board determines to be

applicable to its specific circumstances:

a. Long-term protection and preservation of existing natural and other

resources and landscapes identified in the Town of Turner

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

4-13

Comprehensive Plan, the Town of Turner Subdivision Ordinance and

this Ordinance, including, but not limited to:

1. State-defined critical areas and unique features and areas

identified in the Comprehensive Plan;

2. Historic land use patterns and historic structures;

3. Points of visual access to or from water bodies, scenic vistas as

identified in the Comprehensive Plan and points of access to

water bodies;

4. Agricultural land.

b. Maintenance or establishment of compatibility with surrounding land

uses and the overall character of the Town as defined by the

Comprehensive Plan;

c. Provision of adequate buffers for adjoining properties where needed;

d. Contribution to townwide open space planning by creating a system of

permanently preserved open spaces both within large parcels of land

and among such parcels throughout the Town and by encouraging

linkages between open space areas;

e. Preservation of land suitable for production agriculture and forestry

uses particularly where the open space subdivision borders active

agricultural or forestry land or land suitable for the same;

f. Preservation of traditional land uses;

g. Construction of affordable housing;

h. Provision of recreation facilities, including active and passive

recreational space, in the most suitable locations for use consistent

with the other purposes of this performance standard; and

i. Attainment of planned variety and coordination in the location of

structures, architectural styles and building forms and relationships.

3. Grouping Contiguous Parcels

In order to increase design flexibility, two or more contiguous parcels of

land under the same or different ownership, including parcels separated by

a public or private road, may be grouped together as one open space

subdivision, if the Planning Board finds that such grouping and will help to

achieve the purposes set forth inI Section 4.I.2.a-i.

4. Planning Board Review

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

4-14

An individual may apply for approval of an open space subdivision either

after pre-application review of a conventional subdivision or by initially filing

an application for an open space subdivision. In either case, the Planning

Board shall review the application in accordance with Title 30-A M.R.S.A.

Section 4404 and the Town of Turner Subdivision Ordinance as modified by

the provisions of this section.

a. Pre-application Procedure

1) Any applicant for an open space subdivision is encouraged but

not required to submit at the pre-application stage, a complete

build-out plan for the entire parcel.

2) After review of the pre-application, if the Planning Board

determines that the proposed open space subdivision meets the

purposes set forth in Section 4.I.2.a-i that are applicable to the

proposed subdivision as well as other applicable provisions of

this section, this Ordinance, the Subdivision Ordinance and the

Comprehensive Plan, the

Board shall encourage or permit, as appropriate, the applicant to

proceed with an application for an open space subdivision.

3) If a complete build-out plan for the parcel has been submitted,

the Planning Board shall encourage, if appropriate, consideration

of long-range planning to make the most effective use of the

design standards and timing mechanisms available to

accomplish the purposes set forth in Section 4.I.2.a-i and to

maximize the economic benefits to the applicant and the Town

over time.

b. Application Procedure

1) Required Plans: The submissions for an open space subdivision

shall include all plans and materials required for a conventional

subdivision under the Subdivision Ordinance and this Ordinance.

c. General Requirements

In Planning Board review and approval of an open space subdivision,

the following requirements shall apply and shall supersede any

inconsistent or more restrictive provisions of this Ordinance, The Town

of Turner Subdivision Ordinance or Town of Turner, Maine, Street

Construction Ordinance.

1) Use and District Requirements

(a) All open space subdivisions shall meet the use standards of

the Districts in which they are located.

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2) Allowable Density

(a) The overall density of the subdivision shall not exceed the

density requirements of the Zoning District in which it is

located. In the event that an open space subdivision is

located in more than one Zoning District, the overall density

of the subdivision shall not exceed the combination of the

density requirements of the Districts in which the open

space subdivision is located. In calculating overall density

the land area contained in road rights-of-ways that are

proposed for public acceptance shall be deducted prior to

determining density. In the case where the road rights-ofways

will be less than 40 feet in width and to remain as

privately owned, that land area may be counted in

determining density.

(b) The Planning Board may grant a density bonus of two (2)

lots or dwelling units for each ten (10) lots or dwelling units

when it makes a written finding that the open space

subdivisions satisfies the policies of the comprehensive

plan, achieves the applicable purposes contained in Section

4.I.2.a-i. and provides for adequate subsurface wastewater

disposal.

of one (1) lot or dwelling unit for each 10 lots or dwelling

units when it makes a written finding that the open space

subdivision design provides pedestrian friendly layouts

through the use of sidewalks, wider paved roads or trail

systems within the project or provides linkages for

pedestrian or motorized vehicle movements between

adjoining properties which contributes to Town wide open

space planning. The Planning Board must find that the

project can provide for adequate subsurface wastewater

disposal and adequate supply and quality of water for both

domestic and firefighting purposes of the additional density

bonus is granted.

3) A lot for a dwelling unit created as part of an open space

subdivision shall not be further subdivided, except that a lot for a

dwelling unit created as part of an open space subdivision where

such lot shall have within its bounds designated open space may

not be further subdivided if the original approved plan shall have

reserved future development of such lot, but any such further

subdivision shall only be made in accordance with this

performance standard.

5. Layout and Siting Standards

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In planning the location and siting of residential structures in an open space

subdivision, priority should be given to the preservation of the open space

for its natural resource value with human habitation activity located and

sited on the lower valued natural resource portion of a parcel taking into

account the contours of the land and the reasonableness of slopes.

The building lots and/or residential structures shall be laid out and be sited

according to the following principles. The Board in its discretion shall

resolve conflicts between these principles as applied to a particular site.

a. In the least suitable agricultural soils and in a manner which

maximizes the useable area remaining for the designated open space

use, where agricultural, forestry, or recreational, existing or future

uses, are particularly sought to be preserved;

b. Within woodlands, or along the far edges of open agricultural fields

adjacent to any woodland to reduce encroachment upon agricultural

soils, to provide shade in the summer, and shelter as well as solar

gain in the winter, and to enable new residential development to be

visually absorbed by natural landscape features;

c. In such manner that the boundaries between residential lots and/or

structures and active agricultural or forestry land are well buffered by

vegetation, topography, roads or other barriers to minimize potential

conflict between residential and agricultural or forestry uses;

d. In locations where buildings may be oriented with respect to identified

scenic vistas, natural landscape features, topography and natural

drainage areas, in accordance with an overall plan for site

development, scenic vistas may be addressed by creating at least one

scenic window per development with at least one turnout suitable for

public use;

e. In locations that provide compatibility in terms of physical size, visual

impact, intensity of use, proximity to other structures, and density of

development with other permitted uses within the District;

f. In locations such that diversity and originality in lot layout and

individual building, street, parking layout is encouraged; and

g. So that individual lots, buildings, street and parking areas shall be

designed and situated to minimize alterations of the natural site, to

avoid the adverse effects of shadows, noise and traffic on the

residents of the site, to conserve energy and natural resources, and to

relate to surrounding properties, so as to improve the view from and of

buildings.

6. Space Standards

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a. Shore frontage, shore setback and shoreland density requirements

shall not be reduced below the minimum required in the Zoning

District.

b. Distances between residential structures shall be a minimum of the

height of the tallest adjacent structure.

c. When individual lots will be laid out, the required minimum lot size or

minimum land area per dwelling unit for the building envelope may be

reduced to 20,000 sq.ft. except in the Village District where it may be

reduced to 10,000 sq.ft. provided subsurface sewage disposal

complies with the State of Maine Subsurface Wastewater.

Disposal Rules. The building envelope shall contain a minimum of

20,000 sq.ft. except in the Village District a minimum of 10,000 sq.ft.

of land area which does not include 100 year floodplains, areas of two

or more acres of sustained slopes greater than 20 percent or wetlands

as defined by the Natural Resource Protection Act.

d. Minimum road frontage requirements of this Ordinance may be waived

or modified by the Planning Board provided that:

1. Any applicable provisions regarding roads in Section 4.I.8. below

are satisfied; and

2. Adequate access and turnaround to and from all parcels and/or

structures by fire trucks, ambulances, police cars and other

emergency vehicles can be ensured by private roads and/or

common driveways; and

3. No common driveway shall provide access to more than four (4)

lots or dwelling units, except as provided in Section 4.I.8. below.

e. A reduction of required setback distances may be allowed at the

discretion of the Board, based upon the public benefits to be achieved

from the design provided that the front and rear setbacks shall be no

less than 25 feet or that required for the applicable Zoning District,

whichever shall be less. For the perimeter of a multi-family cluster

development, overall development setback shall not be reduced below

the minimum front, side and rear setbacks required in the Zoning

District unless the Planning Board determines a more effective design

of the project can better accomplish the purposes of this performance

standard.

f. No individual lot or dwelling unit shall have direct vehicular access

onto a public road existing at the time of development.

7. Utilities

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At the discretion of the Planning Board, in order to achieve the most

appropriate design and layout of lots, residential structures and open

space, utilities including individual wells and septic systems may be located

on designated portions of the open space, if necessary, provided they shall

not unreasonably interfere with the open space purposes or uses to be

achieved under this section and for the particular parcel(s) that is the

subject to the application for Open Space Subdivision.

a. All structures requiring plumbing in the development shall be

connected to individual septic systems or a private central collection

and treatment system in accordance with the minimum standards set

forth in the State of Maine Subsurface Wastewater Disposal Rules.

Proposed systems shall in no way endanger ground water supplies

which are currently being utilized as a water source for any existing

development or which are to be utilized as a common or individual

water supply for the proposed development.

b. If a private central collection system is proposed, the applicant must

show either that at least one designated site for each lot, in the open

space or on the lot, has adequate soils and land area suitable for

subsurface waste disposal for each lot in accordance with the

minimum standards set forth in the State of Maine Subsurface

Wastewater Disposal Rules, or that a second site on the parcel has

the size, location and soil characteristics, to accommodate a system

similar to the one originally proposed. In the case of the use of

chambers, there shall be designed an excess capacity of thirty (30)

percent.

c. If a private central collection system is proposed, the system shall be

maintained by an homeowners' association or under an agreement of

the lot or unit owners in the same fashion required for maintenance of

the open space by a homeowners' association or the lot or unit owners

in common and written evidence of said maintenance agreement shall

be submitted to the Planning Board. The Planning Board may require

the developer and homeowners association to retain a qualified third

party to inspect and approve the system from time to time and furnish

a copy of his report to the Code Enforcement Officer.

8. Roads

The Planning Board shall require private roads and common driveways to

comply with the design standards set forth in the Turner Street Construction

Ordinance except as provided in Subsection 4.I.8.d. below.

a. The applicant shall submit to the Planning Board as part of the

application for approval a professional engineers drawing showing the

location and drainage characteristics, dimensions and grade of roads

and common driveways as well as specifications setting forth their

proposed composition.

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b. The subdivision plan shall show the road clearly labeled "private road."

c. Whenever possible and as far as practicable, the roads and common

driveways shall:

1) follow natural contours in an effort to limit phosphorous export;

2) be limited in width, curvilinear in design, and keeping within the

rural character of the Town;

3) shall turn away from the front access to public roads, and shall

use sufficiently dimensioned culverts to accommodate predevelopment

and post-development drainage and flows, where

necessary.

d. Travelways and shoulders of roads and common driveways within

open space subdivisions shall meet the following minimums:

1) Common driveways serving 3 or fewer dwelling units: 12 foot

travel way.

2) Roads serving 4 units: 16-foot travel way and 3-foot shoulders.

3) Roads serving 5 to 10 units: service 16-foot paved travel way

and 3-foot shoulders.

4) Roads serving 11 to 50 units: 20 foot paved travel way and 3

foot shoulders.

9. Open Space Requirements

In Planning Board review and approval of an open space subdivision, the

following requirements shall apply and shall supersede any inconsistent or

more restrictive provisions of this Ordinance or the Town of Turner

Subdivision Ordinance.

Open space set aside in an open space subdivision shall be permanently

preserved as required by this section except where open space is

dedicated by a landowner under contract with the Town for a term of years

as set forth below. Land set aside as permanent open space may, but

need not be, a separate tax parcel. Such land may be included as a portion

of one or more large parcels on which dwellings are permitted provided that

a conservation easement or a declaration of covenants and restrictions is

placed on such land pursuant to Section 4.I.9.c. below and provided that

the Planning Board approves such configuration of the open space.

a. Open Space. In all Districts, except the Village and General

Residential I, at least fifty percent (50%) of the gross acreage shall

remain as open space outside of building envelopes, assigned to

individual dwelling units and/or road rights-of-ways that are proposed

for public acceptance. In the case where road rights-of-ways will be

less than 40 feet in width and to remain as privately owned, the land

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area on which roads are located may be considered as open space.

In the Village and General Residential I Districts, at least forty percent

(40%) of the gross acreage shall remain as open space outside of

building envelopes, assigned to individual dwelling units and/or road

rights-of-ways that are proposed for public acceptance. In the case

where road rights-of-ways will be less than 40 feet in width and to

remain as privately owned, the land area on which roads are located

may be considered as open space.

b. Open Space Uses. On all parcels, open space uses shall be

appropriate to the site. Open space should include natural features

located on the parcel(s) such as, but not limited to, stream beds,

individual trees of significant size, agricultural land, forested acreage,

wildlife habitat, rock outcroppings and historic features and sites.

Open space shall be preserved and maintained subject to the

following, as applicable:

1) On parcels that contain significant portions of land suited to

agriculture, open space shall be preserved for agriculture or

other compatible open space uses such as forestry, recreation

(active or passive) and resource conservation.

2) When the principal purpose of preserving portions of the open

space is the protection of natural resources such as wetlands,

aquifers, steep slopes, wildlife and plant habitats, and stream

corridors, open space uses in those portions may be limited to

those which are no more intensive than passive recreation.

3) Open space areas shall be contiguous, where possible, to allow

linking of open space areas throughout the Town.

4) The use of any open space may be limited by the Planning

Board at the time of final plan approval where the Board deems it

necessary to protect adjacent properties or uses, or to protect

sensitive natural features or resources. A proposed change in

use of open space land, other than that specified at the time of

plan approval, shall be reviewed by the Planning Board as an

amendment to the approved plan.

5) Further subdivision of open space or its use for other than

agriculture, forestry, recreation or conservation, except for

easements for underground utilities, shall be prohibited and shall

be so stated by deed restrictions except as provided in Section

4.I.9.c. below. Structures and buildings accessory to recreation

or conservation uses may be erected on open space, subject to

Planning Board approval under the Site Plan Review provisions

of Section 5 of this Ordinance and this section.

c. Notations on Plan. Open space areas must be clearly labeled on the

Final Plan. The Final Plan shall include information or provide

reference to a legal document which defines open space uses,

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ownership, management, method of preservation, and the rights, if

any, of the owners in the subdivision to such land or portions thereof.

The open space land shall be permanently reserved for open space

purposes and is subject to reservations for future development,

including those provisions allowed under subsection d. below.

Reference or notations shall also be provided for any conservation

easements or deed restrictions required to be recorded to implement

such reservations or restrictions.

d. Preservation in Perpetuity. An owner of a parcel of land may

designate all or a portion of the parcel for open space use in

perpetuity if the purposes set forth in subparagraph 4.I.2.a-i. are

achieved and all other requirements of this performance standard are

met subject to the following conditions:

1) A perpetual conservation easement, or declaration of covenants

and restrictions, restricting development of the open space land

must be incorporated in the open space plan.

2) The conservation easement may be granted to or the

declarations may be for the benefit of a private party, third party

or other entity, the Town, with the approval of the Board of

Selectmen, and acceptance at Town Meeting or to a qualified

not-for-profit conservation organization acceptable to the

Planning Board.

3) Such conservation easement or declaration of covenants and

restrictions shall be reviewed and approved by the Planning

Board and be required as a condition of plan approval

hereunder.

4) The Planning Board may require that such conservation

easement, or declaration of covenants and restrictions, be

enforceable by the Town of Turner if the Town is not the holder

of the conservation easement or beneficiary of the declarations.

5) The conservation easement or declarations shall prohibit

residential, industrial, or commercial use of such open space

land (except in connection with agriculture, forestry and

recreation) and shall not be amendable to permit such use.

6) The conservation easement or declaration shall be recorded in

the Androscoggin County Registry of Deeds prior to or

simultaneously with the filing of the Open Space Subdivision final

plan in the Androscoggin County Registry of Deeds.

7) Notwithstanding the foregoing, the conservation easement, or

the declaration of covenants and restrictions, may allow

dwellings to be constructed on portions of parcels that include

Town of Tuner, Maine

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protected open space land, provided that:

a) The total number of dwellings permitted by the conservation

easement, or declaration of covenants and restrictions, in

the entire subdivision does not exceed the allowable

density established in this performance standard above;

b) The Planning Board grants approval for such lots; and

c) The applicant has reserved the rights to apply for approval

for such additional lots.

8) Ownership of Open Space Land. Open space land may be

held in private ownership (which is to be preferred) including an

appropriate third party not the applicant; or owned in common by

a Homeowners’ Association (HOA); dedicated to the Town,

County or State governments or agencies; transferred to a nonprofit

organization such as a conservation trust, or association,

acceptable to the Planning Board; or held in such other form of

ownership as the Planning Board finds adequate to achieve the

purposes set forth in Section 4.I.2.a-i and under the other

requirements of this Ordinance and the Town of Turner

Subdivision Ordinance. The Planning Board shall, in its review,

consider provisions for the ongoing maintenance and associated

costs for such maintenance of the open space.

The appropriate form of ownership shall be determined based

upon the purpose of the open space reservation as stated

pursuant to Section 4.I.9.a. above. Unless so determined, or

unless deeded to the Town of Turner and accepted by the

citizens of the Town at Town Meeting, common open space shall

be owned in common by the owners of the lots or units in the

development. Covenants for mandatory membership in the

association setting forth the owners' rights and interest and

privileges in the association and the common land, shall be

approved by the Planning Board and included in the deed for

each lot.

9) Flexible Open Space and Substitution; Phasing. An applicant

for an open space subdivision may at a future time designate

other land to serve as the open space for such subdivision if the

Planning Board finds that the purposes set forth in Section

4.I.2.a-i will better be served by promoting a more innovative

design and layout of lots created over time in relation to the

area(s) designated as open space if all other requirements under

this performance standard may be met. Development that is

phased over time, including a schedule over time for either sale

of lots or layout of further lots as part of the open space

subdivision plan, is encouraged so that more appropriate design

Town of Tuner, Maine

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Amended April 4, 2009

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of land use and preservation of greater open space may be

achieved.

10) Maintenance Standards

a) Ongoing maintenance standards, where appropriate, shall

be established, enforceable by the Town against the

owner(s) of common land, including open space land, roads

and other facilities as a condition of subdivision approval.

Such maintenance standards may include such conditions,

obligations, or costs to maintain their use, facilities and/or

scenic character.

b) The owner(s) of common land or facilities including open

space lands shall have the responsibility of operation and

maintenance of the respective neighborhood recreational

facilities within such common land(s), unless such lands or

facilities or portions thereof are deeded or transferred to the

Town of Turner and accepted by the citizens of the Town at

Town Meeting, or unless an approved conservation

easement or declaration of covenants and restrictions is

established which assigns maintenance responsibilities to

another party.

c) If a HOA or an agreement of owners of the lots or units is to

be used, until 51% of all lots and/or units have been sold,

and a homeowners association has been formally

organized, the applicant for such development shall be

responsible for a maintenance of the common lands and

facilities.

10. Notations on Plan

Common lands, roads or facilities, including open space lands, must be

clearly labeled or referenced on the Final Plan. The Final Plan shall include

information or provide reference to a legal document which defines use,

ownership, management, method of preservation, and the rights, if any, of

the owners in the subdivision to such land or portions thereof, and shall

contain a reference or notation indicating any conservation easements,

deed restrictions, or other documents regarding those provisions required

to be recorded to implement such reservations, restrictions or provisions.

11. Common Ownerships

a. Homeowners' Associations or Agreements

1) Where any portion of a subdivision is proposed or required to be

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Amended April 4, 2009

4-24

held in common by owners of lots, or owned in common by a

Homeowners' Association (HOA) or similar entity, covenants for

mandatory membership in the association setting forth the

owners' rights, interest, privileges, responsibilities for

maintenance, and obligations in the association and the common

land, road or open space shall be approved by the Planning

Board and included in the deed for each lot.

2) In such event, the ownership in the HOA or similar entity, or

under the agreement of common ownership by all, the lot or unit

owners shall be established or contain provisions covering the

following:

a) The HOA or common agreement must be in legal existence

before the lots or units are sold;

b) Each lot owner or unit owner shall be a member of the HOA

or subject to the agreement and shall be required by

recorded covenants and restrictions to pay fees to the HOA,

or his pro rate share for taxes, insurance and maintenance

of common areas or open space, private roads and other

common facilities;

c) Property owners must pay their pro rate share of the costs

in (b) above, and the assessment levied by the HOA, and

from time to time adjusted to meet changed needs. The

amounts due from each lot owner or unit owner shall, if not

paid when due, constitute a lien on the property; and

d) The attorney for the Planning Board shall find that the HOA

documents or common lot owners' agreement presented

satisfy conditions (a) through (c) above and such other

conditions as the Planning Board shall deem necessary.

J. Affordable Housing Incentive

1. Purpose. The purpose of the affordable housing incentive is to encourage

developers of residential subdivisions and multi-family developments to

provide lots or units which are affordable to very low, low and median

income households as defined by the United States Department of Housing

and Urban Development and comply with the policies of the Turner

Comprehensive Plan.

2. Incentive. The Planning Board may, in approving a residential subdivision

(but not a mobile home park) and multi-family development, allow for an

increase of up to 10 percent in the total number of lots or units if the

applicant can meet the following criteria and provisions:

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a. Documentation is provided to the Planning Board that subsurface

sewage disposal systems will be sufficient to meet the increased

density and that adequate supply and quality of water for both

domestic and firefighting purposes is available;

b. The Planning Board shall require all provisions of this Ordinance and

the Town of Turner's Subdivision Ordinance to be met except

provisions relating to density;

c. The applicant shall provide the Planning Board with information as to

the upper income limits for very low, low and median family incomes

prepared and published by the Department of Housing and Urban

Development and affordability formulas and data used to calculate

rents and prices;

d. Prior to the initial occupancy of any multi-family dwelling and prior to

any occupancy thereafter of any multi-family dwelling unit which the

affordable housing incentive created, the Code Enforcement Officer

shall be provided proof that the occupant(s) meet the very low, low or

median income criteria;

e. The Planning Board shall require the applicant to provide proof that

upon transfer, sale or disposition of the multi-family unit and/or

complex, those units created as the result of the affordable housing

incentive shall continue to be occupied by very low, low or median

income households;

f. Prior to the initial sale of any lot or lot and dwelling which the

affordable housing incentive created the Code Enforcement Officer

shall be provided proof that the purchaser meets the very low, low or

median income criteria; and

g. The Planning Board shall at time of subdivision approval require the

deed to the lot(s) or lots and dwelling units which the affordable

housing incentive created contain a transfer, sale or disposition clause

that provides legally enforceable assurances that upon transfer, sale

or disposition that the property sale remains affordable to very low,

low or median income households. The Planning Board shall require,

at a Minimum, the following provisions to be contained in the deed.

1) Transfer shall be to a very low, low or median income household;

2) Upon death of the owner, the property may be transferred to the

following:

i) spouse;

ii) child or children;

iii) members of the household who have resided on the

premises for at least one year;

iv) future sale prices of lots which the affordable housing

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incentive created shall be based upon an inflation factor

based upon the Consumer Price Index or if no longer

published an equivalent index and an improvement factor;

v) future sale prices of lots and dwellings which the affordable

housing incentive created shall be based upon an inflation

factor based upon the Consumer Price Index or if no longer

published an equivalent index, improvement factors and

wear and tear factor.

h. The term of such deed restrictions shall be 40 years.

K. Home Occupations

1. Home occupations which meet the following conditions do not require a

Code Enforcement Officer or Planning Board permit:

a. Do not employ any persons who do not make the residence their

permanent home;

b. Do not display any exterior signs, exterior exhibits, exterior storage of

materials or any other exterior indications of the home occupation or

variation from the residential character of the principal dwelling or

accessory building;

c. Do not generate any nuisance, waste discharge, offensive noise,

vibration, smoke, dust, odors, heat, glare, radiation, fumes, or

electrical interference detectable to the normal senses or which

interferes with normal radio or television reception, or causes other

nuisances which extend beyond the limits of the subject property; and

d. Are not likely to generate regular daily or seasonal traffic.

2. Home occupations that do not meet the provisions of Section 1.a-d above

and are located in the Agricultural/Industrial, Commercial 1, Commercial II,

Rural I, Rural II,General Residential I and General Residential II Districts

shall obtain a permit from the Code Enforcement Officer and comply with

the following conditions:

a. Not more than two persons who do not make the residence their

permanent home may be employed (including part-time workers);

b. The appearance of the structure or accessory structure may not be

altered, except as provided under subsection c. below or the

occupation within the residence must be conducted in a manner that

would not cause the residence to differ from its residential character

by means of colors, lights or sounds;

c. Additions to the residence or accessory structure for the express

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purpose of a home occupation shall be constructed and finished in the

same manner as the original structure such that the character and

appearance of the principal structure is maintained;

d. There is adequate off-street parking on the premises for customers' or

clients' use;

e. There is no objectionable increase in commercial vehicle traffic over

that traffic normal for the neighborhood.

f. It does not adversely affect any natural resource or environmentally

sensitive area including, but not limited to, a wetland, aquifer,

watercourse or water body. The home occupation shall not use

chemicals not commonly found in a residence and shall not use any

chemicals in quantities not commonly used in a residence.

g. The home occupation shall not generate any nuisance, waste

discharge, offensive noise, vibration, smoke, dust, odors, heat, glare,

radiation, fumes or electrical interference detectable to the normal

senses or which interferes with normal radio or television reception, or

causes other nuisances which extend beyond the limits of the subject

property. All waste material from the home occupation shall be

removed promptly from the premises, according to state laws and

local ordinances.

h. Do not display any exterior exhibits, exterior storage of materials or

any other exterior indications of the home occupation or variation from

the residential character of the principal dwelling or accessory

building.

3. Auto body shops and auto repair/sales in all districts that meet the definition

of home occupations and home occupations that do not meet the provisions

of Section 1.a-d and are located in the Village, Shoreland, Resource

Protection, Rural I and Rural II Districts shall obtain a permit from the

Planning Board and comply with the following conditions:

a. No more than one person who does not make the residence his or her

permanent home may be employed;

b. Accessory structures or attached additions to the principal structure

must be compatible with the residential character of the neighborhood;

c. Except as provided in Subsection b, the appearance of the structure is

not to be altered, subject to Section 4.K.2.C. or the occupation within

the residence is conducted in a manner that would not cause the

residence to differ from its residential character by means of colors,

lights and sounds;

d. There is no objectionable increase in traffic over that normal for the

traffic normal for the neighborhood;

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e. If the home occupation attracts any regular customer or client traffic,

there shall be at least two but not more than three off-street parking

spaces specifically designated for use by the employee and any

customers of the home occupation. Such parking shall not be located

within the front setback for the district in which the home occupation is

located. When the required parking cannot meet the front setback

requirement, it shall not be located between the house and the road

as defined by a line drawn parallel to the road which touches the point

of the house nearest the road. Such parking areas shall be set back

at least ten feet from side and rear lot lines.

f. There shall be no public display of goods or wares or machinery used

in the home occupation visible from any public or private way or

adjacent properties.

g. The home occupation shall not generate any nuisance, waste

discharge, offensive noise, vibration, smoke, dust, odors, heat, glare,

radiation, fumes or electrical interference detectable to the normal

senses or which interferes with normal radio or television reception, or

causes other nuisances which extend beyond the limits of the subject

property. All waste material from the home occupation shall be

removed promptly from the premises according to state laws and local

ordinances.

h. It does not adversely affect any natural resource or environmentally

sensitive area including, but not limited to, a wetland, aquifer, watercourse

or water body. The home occupation shall not use chemicals

not commonly found in a residence and shall not use any chemicals in

quantities not commonly used in a residence.

i. Do not display any exterior exhibits, exterior storage of materials or

any other exterior indications of the home occupation or variation from

the residential character of the principal dwelling or accessory

building.

j. Subsections a-i above shall be rectroactive to June 12, 1993 in

respect to auto body shops and auto repair/sales that meet the

definition of home occupations. Such home occupations shall submit

to the Planning Board a Home Occupation Permit Application no later

than October 1, 1999.

4. Home occupations not meeting the above standards shall be considered

commercial uses.

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

Residential Districts

1. Persons keeping farm animals for non-commercial purposes on lots of less

than five acres, after the date of this ordinance amendment (April 8, 2006),

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Amended April 4, 2009

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shall obtain a Planning Board Permit and shall comply with the following

standards:

a. A parcel of land used for the keeping of horses, mules, cows, goats,

sheep, poultry and similar size animals for the domestic use of the

residents of the lot, shall contain a lot area inclusive of residential

structures of at least 80,000 sq. ft. excluding water bodies of one

quarter acre or larger, for the type and number of animals identified

below.

1) Cattle: I bovine animal per 40,000 sq.ft. lot; or

2) Horse: 2 equine animals per 40,000 sq.ft. lot; or

3) Sheep or goats: 6 animals per 40,000 sq.ft. lot; or

4) Fowl: 50 animals per 40,000 sq.ft. lot; or

5) Combinations of the above: The required lot size shall be

determined by the Planning Board and shall conform to the lot

size for similar size animals.

b. Fences shall be constructed so as to prevent any animal from grazing

on adjacent property.

c. Manure shall be removed at least every two weeks during the

summer months or at such other periods so that odor and insect

populations are not a nuisance.

M. Soils

All land uses shall be located on soils in or upon which the proposed uses or

structures can be established or maintained without causing adverse

environmental impacts, including without limitation, severe erosion, mass soil

movement, improper drainage, and water pollution, whether during or after

construction. Proposed uses requiring subsurface waste disposal, and

commercial or industrial development and other similar intensive land uses, shall

not be approved absent a soils report based on an on-site investigation and shall

be prepared by a state-certified professional. Certified persons may include

Maine Certified Site Evaluator, Maine Certified Soil Scientists, Maine Registered

Professional Engineers, Maine State Certified Geologists and other persons who

have training and experience in the recognition and evaluation of soil properties.

The report shall be based upon the analysis of the characteristics of the soil and

surrounding land and water areas, maximum ground water elevation, presence

of ledge, drainage conditions, and other pertinent data which the evaluator

deems appropriate. The soils report shall include recommendations for a

proposed use to counteract soil limitations where they exist.

N. Water Quality

No activity shall deposit on or into the ground or discharge to the waters of the

State any pollutant that, by itself or in combination with other activities or

substances, will impair designated uses or the water classification of the water

body.

0. Archaeological Sites

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Any proposed land use activity involving structural development or soil

disturbance on or adjacent to sites listed on, or eligible to be listed on the

National Register of Historic Places, as determined by the permitting authority

shall be submitted by the applicant to the Maine Historic Preservation

Commission for review and comment, at least 20 days prior to action being taken

by the permitting authority. The permitting authority shall consider comments

received from the Commission prior to rendering a decision on the application

and shall require preservation or other appropriate actions to preserve the

archaeological sites when identified.

P. Septic Waste Disposal

1. All subsurface sewage disposal systems shall be installed in conformance

with the State of Maine Subsurface Wastewater Disposal Rules (Rules);

and

2. Before the Building Permit is issued for construction, a soil suitability report

shall be prepared by a Maine Licensed Site Evaluator showing full

compliance with the requirements of the State of Maine Subsurface

Wastewater Disposal Rules. In addition, on lots in which the limiting factor

has been identified as being within 24 inches of the surface, documentation

shall be provided that a replacement system is possible or a second site

with suitable soils shall be shown as a reserve area for future replacement

of disposal area. The reserve area shall be shown on the plan and

restricted so as not to be built upon.

Q. Campgrounds

Campgrounds shall conform to the minimum requirements imposed under State

licensing procedures and the following:

1. Campgrounds shall contain a minimum of 5,000 sq.ft. of land, not including

roads and driveways, for each site. Land supporting wetland vegetation

and land below the normal high-water line of a water body shall not be

included in calculating land area per site.

2. The areas intended for placement of a recreational vehicle, tent or shelter,

and utility and service buildings shall be set back a minimum of 100 feet

from the normal high-water line of a great pond and 75 feet from the normal

high-water line of other water bodies, tributary streams, or the upland edge

of a wetland.

R. Swimming Pools

1. Swimming pools installed after the effective date of this Ordinance shall

require a permit issued by the Code Enforcement Officer.

2. All swimming pools shall meet setback requirements for the district they are

to be located in.

3. Enclosures of swimming pools shall comply with the provisions of Title 22,

Town of Tuner, Maine

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Amended April 4, 2009

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M.R.S.A. Section 1632.

4. All electrical connections to the swimming pool and to electrical fixtures or

outlets shall meet the requirements of the national electrical code Article

680, as amended.

S. Signs

1. Purposes. The purposes of these standards are to encourage the effective

use of signs as a means of communication in the Town of Turner; to

maintain and enhance the aesthetic environment of the Town of Turner; to

create and maintain an attractive business climate in the Town of Turner; to

improve and maintain pedestrian and traffic safety; to minimize the possible

adverse effect of signs on nearby public and private property; and

implement the intent of the Turner Comprehensive Plan.

2. Except as provided in Section 3.a-s, no sign may be erected, enlarged,

illuminated or substantially altered without a Sign Permit issued by the

Code Enforcement Officer after he/she finds that the sign is in accordance

with the provisions of this section.

3. The following types of signs are permitted, except where otherwise

prohibited by law and shall not require a Sign Permit issued by the Code

Enforcement Officer.

a. All permanent on-premise signs erected prior to the effective date of

this Ordinance, (ordinary maintenance and upkeep shall be allowed).

b. Any sign approved by the Planning Board, as an element of Site Plan

Review, prior to the effective date of this Ordinance or as proposed in

a pending application.

c. One sign not exceeding two (2) square feet used to display the street

number and/or name of the occupants of the premises.

d. One non-illuminated non-internally lit sign not exceeding six (6) square

feet used to describe a home occupation.

e. One sign not exceeding thirty-two (32) square feet on the premises of

public or semi-public buildings, and charitable or religious institutions.

These signs may incorporate a bulletin board.

f. Temporary signs displayed for thirty (30) days or less to advertise

school, non-profit, civic, church and like events and garage sales,

auctions and like events.

g. One real estate sign not exceeding sixteen (16) square feet relating to

the sale, rental or lease of the premises. Such sign shall be removed

within one (1) week after the property transaction.

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h. One sign each for a building contractor, architect or engineer; each

sign shall not exceed sixteen (16) square feet relating to construction

projects. Such sign shall be removed within one (1) week after

construction is complete.

i. One sign not exceeding thirty-two (32) square feet identifying the

name of a farm.

j. Sign(s) not exceeding thirty-two (32) square feet in total describing

farm products for sale on the premise.

k. Signs erected by growers of fresh fruit and vegetable crops

advertising those fresh fruits and vegetable crops when crops are

offered for sale on premises where those crops are grown from June

15th to November 1st of each year. Signs may advertise only those

fruits and vegetables that are available for immediate purchase. A

grower may not erect more than 4 signs. A sign may not exceed 8

square feet in size and must be located within 5 miles of the farm

stand. The signs must be erected on private property with the

landowner's written consent except that the signs may be erected

within but at the edge of the right-of-ways of highways that receive no

federal aid.

l. Political signs, not exceeding thirty-two (32) square feet in total area

for single faced signs, or sixteen (16) square feet on each side of

double-faced signs, provided that:

1) Such signs shall not be erected more than thirty (30) days prior

to the election to which they pertain; and

2) Such signs are removed within seven (7) days after the election

to which they refer.

m. Subdivisions may have one non-internally lit sign at each public

entrance to the development not to exceed thirty-two (32) square feet

per sign.

n. Any sign(s) placed by the State or Federal Governments or Town of

Turner that comply with the Department of Transportation standards.

o. Outdoor signs identifying restrooms, parking, entrance and similar

information.

p. Four (4) or less Flags or insignia per commercial lot or business.

Flags or insignia in excess of four per commercial lot or use shall

comply with the provisions of this section.

q. Memorial signs or tablets, names of buildings and date of

construction, or historic markers when cut into masonry, bronze or

other permanent material affixed to the structure or placed on the

property.

r. Signs relating to trespassing and hunting shall be permitted without

restriction as to number provided that no such sign shall exceed two

(2) square feet in area.

Town of Tuner, Maine

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s. Signs not exceeding eight (8) square feet per sign which identify

entrances and exists to parking and service areas.

4. Prohibited Signs: The following signs are prohibited in all areas of the

Town of Turner.

a. Signs, other than barber poles, time, and weather devices, that have

visible moving parts or blinking, moving or glaring illuminations.

b. No permanent sign except traffic and similar public safety signs,

official business directional signs shall be located in the public right-ofway

of any street or highway except as may be provided for in Section

4.S.3.

c. No sign shall protrude beyond the property line of the lot on which it is

placed.

d. No sign shall be located so that it interferes with the view necessary

for motorists to proceed safely through intersections or to enter onto or

exit public streets or private roads.

e. Signs painted on or attached to stationary-vehicles except for signs

relating to the sale of the vehicle. For the purpose of this section, a

stationary vehicle means any vehicle not registered and inspected as

required by Maine law.

f. Inflatable signs, tethered balloons and pennants except associated

with special events or sales for a duration not to exceed seven (7)

days in any calendar year.

g. Signs relating to any businesses which has been out of business for

more than 365 days. The owner of the property or his agent shall be

responsible for removing such signs.

h. Temporary movable signs are not permitted except for the following

uses with the issuance by the Code Enforcement Officer of a no fee

temporary sign permit.

1) To call attention to and/or to advertise the name of a new

business and the products sold or activities to be carried on in

connection with a new business. In such cases, no sign shall

remain at a premises for more than 90 days in any calendar

year.

2) To advertise a special sale or sales. In such cases, a sign shall

be allowed for a period not to exceed 90 days in any calendar

year.

3) To promote community or civic activities. In such cases, no sign

shall remain in place for more than ninety (90) days in any

calendar year.

Town of Tuner, Maine

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5. Nonconforming Signs. Nonconforming signs that were otherwise lawful

on the effective date of this Ordinance may continue except as provided

below.

a. No nonconforming sign may be enlarged or altered in such a manner

as to aggravate the nonconforming condition.

b. No illumination may be added to any nonconforming sign except if

such illumination complies with the provisions of this section.

c. A nonconforming sign may not be moved except for maintenance,

change in message or repair or replaced except to bring the sign into

conformity with this section.

d. The message of a nonconforming sign may be changed so long as

this does not create any new nonconformities.

6. General Provisions

a. Signs must be kept clean, legible and free from all hazards such as,

but not limited to, faulty wiring, loose fastenings, or deterioration, and

must be maintained at all times in such condition so as not to be

detrimental to the public health or safety, detract from the physical

appearance and the natural beauty of the community, or constitute a

distraction or obstruction that may impair traffic safety.

b. Except for banners, flags, temporary signs and window signs

conforming in all respects with the requirements of this ordinance, all

signs shall be constructed of permanent materials, and shall be

permanently attached to the ground, a building, or another structure

by direct attachment to a rigid wall, frame or structure.

c. All signs shall meet the following setback standards:

1) A minimum of twenty (20) feet from the outside edge of the

paved portion of any public way with more than two travel lanes

and/or a total paved portion in excess of twenty-four (24) feet in

width.

2) A minimum of five (5) feet from the right-of-way of any public or

private street.

3) All signs shall be setback a minimum of five (5) feet from side

and rear lot lines.

d. Area and height of signs shall be computed as follows.

1) Computation of area of individual signs. The area of a sign face

(which is also the sign area of a wall sign or other sign with only

one face) shall be computed by means of the smallest square,

Town of Tuner, Maine

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Amended April 4, 2009

4-35

circle, rectangle, triangle, or combination thereof that will

encompass the extreme limits of the writing, representation,

emblem, or other display, together with any material or color

forming an integral part of the background of the display or used

to differentiate the sign from the backdrop or structure against

which it is placed, but not including any supporting framework,

bracing or decorative fence or wall when such fence or wall

otherwise meets zoning ordinance regulations and is clearly

incidental to the display itself.

2) Computation of area of multi-faced signs. The sign area for a

sign with more than one face shall be computed by adding

together the area of all sign faces visible from any one point.

When two identical sign faces are placed back to back, so that

both are part of the same sign structure, the sign area shall be

computed by the measurement of one of the faces.

3) Computation of height. The height of a sign shall be computed as

the distance from the base of the sign at normal grade to the top

of the highest attached component of the sign. Normal grade

shall be constructed to be the lower of (1) existing grade prior to

construction or (2) the newly established grade after construction

exclusive of any filling, berming, mounding, or excavating solely

for the purpose of locating the sign. In cases in which the normal

grade cannot reasonably be determined, sign height shall be

computed on the assumption that the elevation of the normal

grade at the base of the sign is equal to the elevation of the

nearest point of the crown of a public street or the grade of the

land at the principal entrance to the principal structure on the

zone lot, whichever is lower.

7. Specific Standards

a. Commercial I, Commercial II and Agricultural/Industrial Districts: The

following standards apply to the Commercial I, Commercial II, and

Agricultural/Industrial Districts.

1) In the case of a multi-tenant or condominium development, it

shall be the responsibility of the owner or property manager of

such premises to allocate sign space upon the premises, under

the terms of this section.

2) On each premise, there shall be allowed one wall or roof sign

affixed to the exterior of the structure or for each occupancy

under common ownership operation or control therein. Such

signs shall not occupy more than thirty (30) percent of the wall to

which is attached or is above. For the purpose of this section,

wall is defined as the facade of the building up to the roof line

excluding windows, doors and architectural features.

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Amended April 4, 2009

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3) Window and door signs are allowed without regard to the

percentage of the window or door in which they are displayed.

4) Projecting Signs: One projecting sign is permitted per structure.

Such sign shall extend no lower than ten (10) feet above ground

level, project from the wall at an angle of ninety (90) degrees and

be no nearer than fifteen (15) feet from any property line. No

projecting sign shall exceed thirty-two (32) square feet.

5) Free Standing Signs:

a) One free standing sign per lot is permitted except for each

additional 200 feet of street frontage per lot above the

minimum frontage requirement for that district; an additional

free standing sign is permitted provided it complies with

Subsections b) and c) below.

No free standing sign shall exceed eighty (80) square feet

in area, the top edge shall not be higher than twenty (20)

feet vertical measure above average ground level from the

base.

b) For lots with 200 feet of frontage or less, or lots that meet

the criteria in Section a.) above, no free standing sign shall

exceed eighty (80) square feet in surface area.

c) For lots with linear street frontage of more than 200 feet,

the size of a single free standing sign maybe increased by

0.4 square feet in surface area for every linear foot of street

frontage above 200 feet.

d) Lots fronting on two or more public streets are allowed the

permitted signage for each street frontage, but signage

cannot be accumulated and used on a single street in

excess of that allowed for lots with only one street frontage.

e) Multi-tenant or unit commercial development which lacks

street frontage and is served by a right-of-way may have

one free standing sign not to exceed 160 square feet.

6) Illumination: Signs shall be illuminated only by the following

means:

a) A steady, stationary light(s) of single color shielded and

directed solely at the sign and not casting light off the

premises;

b) Interior or surface mounted, non-exposed, white lights of

reasonable intensity; and

c) Neon tube illumination may be only used for window signs

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

4-37

that do not exceed twenty-five (25) percent of the window

area in which they are located.

7) Awning and canopy signs: Awning and canopy signs are

permitted. Canopies over fuel island shall only advertise fuel and

fuel products.

b. Village District. The following standards apply to the Village District,

except that for those lots with frontage on Route 4, and the primary

sign is located adjacent to Route 4 and which the primary vehicle

and/or visual access is from Route 4, signs shall comply with the

standards set forth in Section 4.S.7.a., above.

1) In the case of a multi-tenant or condominium development, it

shall be the responsibility of the owner or property manager of

such premises to allocate sign space upon the premises under

the terms of this section.

2) On each premise, there shall be allowed one wall or roof sign

affixed to the exterior of the structure for each occupancy under

common ownership operation or control therein. Such sign shall

not occupy more than twenty (20) percent of the wall to which it

is attached or is above. For the purpose of this section, wall is

defined as the facade of the building up to the roof line excluding

windows, doors and major architectural features.

3) Window and door signs are allowed without regard to the

percentage of the window or door in which they are displayed.

4) Projecting signs: One projecting sign is permitted per structure.

Projecting signs shall extend no lower than ten (10) feet above

ground level, project from the wall at an angle of ninety (90)

degrees and be no nearer than eight (8) feet from any property

line. No projecting sign shall exceed twenty-four (24) square

feet.

5) Free Standing Sign: One free standing sign is permitted per lot.

No free standing sign shall exceed twenty-four (24) square feet

in area. The top edge shall not be higher than twelve (12) feet

vertical measure above average ground level from the base.

6) Awning and canopy signs: Awning and canopy signs are

permitted. Canopies over fuel islands shall only advertise fuel

and fuel products.

7) Illumination: Signs shall be illuminated only by the following

means:

a) A steady, stationary light(s) of single color shielded and

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

4-38

directed solely at the sign and not casting light off the

premises.

b) Interior, non exposed, white lights of reasonable intensity.

c) Neon to be illuminated may be only used for window signs

that do not exceed twenty-five (25) percent of the window

area in which it is located.

c. General Residential I and General Residential II Districts

1) In the case of a multi-tenant or condominium development, it

shall be the responsibility of the owner or property manager of

such premises to allocate sign space upon the premises under

the terms of this section.

2) All signs shall be mounted flat on the wall or free standing.

3) Illumination: Signs shall be illuminated only by a steady

stationary light(s) of single color shielded and directed solely at

the sign not casting light off the premises.

4) Total Signage: The permitted total signage shall not exceed

twenty-four (24) square feet.

d. Rural I and Rural II Districts

1) In the case of a multi-tenant or condominium development, it

shall be the responsibility of the owner or property manager of

such premises to allocate sign space upon the premises under

the terms of this section.

2) All signs shall be mounted flat on the wall or be free standing.

3) Illumination: Signs shall be illuminated only by a steady

stationary light(s) of single color shielded and directed solely at

the sign not casting light of the premises.

4) Total Signage: The permitted total signage shall not exceed

thirty-two (32) square feet.

e. Shoreland and Resource Protection Districts

1) In the case of a multi-tenant or condominium development, it

shall be the responsibility of the owner or property manager of

such premises to allocate sign space upon the premises under

the terms of this section.

2) All signs shall be mounted flat on the wall or be free standing.

Town of Tuner, Maine

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Amended April 4, 2009

4-39

3) Illumination: Signs shall be illuminated only by a steady

stationary light(s) of single color shielded and directed solely at

the sign not casting light off the premises.

4) Signs shall not exceed two (2) per lot and not be larger than six

(6) square feet in area.

T. Shoreland Areas

The following provisions shall apply only to the land areas within 250 feet,

horizontal distance, of the normal high water line of any great pond and river;

within 250 feet, horizontal distance, of the upland edge of a non-forested

freshwater wetland; within 75 feet, horizontal distance of the normal high water

mark of a stream; in the 100 year floodplain, as designated on the Federal

Emergency Agency's Flood Boundary maps and as depicted on the Official

Zoning Map.

1. If more than one residential dwelling unit or more than one principal

commercial, governmental, institutional or industrial structure or use, or

combination thereof, is constructed or established on a single parcel, all

dimensional requirements shall be met for each additional dwelling unit,

principal structure, or use.

2. Principal and Accessory Structures

a. All new principal and accessory structures shall be set back at least

one hundred (100) feet, horizontal distance, from the normal highwater

line of great ponds, and seventy-five (75) feet, horizontal

distance, from the normal high-water line of other water bodies,

tributary streams, or the upland edge of a wetland except that in the

Village District the setback from the normal high-water line shall be not

less than twenty-five (25) feet horizontal distance,. In addition:

1. The water body, tributary stream, or wetland setback provision

shall neither apply to structures which require direct access to

the water body or wetland as an operational necessity, such as

piers, docks and retaining walls, nor to other functionally waterdependent

uses.

2. The Planning Board may increase the required setback of a

proposed structure, as a condition to permit approval, if

necessary to accomplish the purposes of this section. Instances

where a greater setback may be appropriate include, but are not

limited to, areas of steep slope; shallow or erodible soils; or

where an adequate vegetative buffer does not exist.

3. On a non-conforming lot of record on which only a residential

structure exists, and it is not possible to place an accessory

structure meeting the required water body, tributary stream or

Town of Tuner, Maine

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Amended April 4, 2009

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wetland setbacks, the code enforcement officer may issue a

permit to place a single accessory structure, with no utilities, for

the storage of yard tools and similar equipment. Such accessory

structure shall not exceed eighty (80) square feet in area nor

eight (8) feet in height, and shall be located as far from the

shoreline or tributary stream as practical and shall meet all other

applicable standards, including lot coverage and vegetation

clearing limitations. In no case shall the structure be located

closer to the shoreline or tributary stream than the principal

structure.

b. Principal or accessory structures and expansions of existing structures

which are permitted shall not exceed thirty-five (35) feet in height.

This provision shall not apply to structures such as transmission

towers, windmills, antennas, and similar structures having no floor

area.

c. The lowest floor elevation or openings of all buildings and structures

including basements shall be elevated at least one foot above the

elevation of the 100 year flood, the flood of record, the flood as

defined by soil types identified as recent flood plain soils or by local

information and knowledge. A development with 100 year flood plains

must comply with the Flood Plain Management Ordinance.

d. The total footprint area of all structures, parking lots and other nonvegetated

surfaces, within the Shoreland and Resource Protection

Districts shall not exceed twenty (20) percent of the lot or a portion

there of, located within the shoreland area, including land area

previously developed, except in the Village, Commercial I and

Commercial II and Agricultural/Industrial Districts where maximum

Impervious Surface Ratios shall not exceed those contained in the

Space and Bulk Standards as set forth in Section 3.

e. Notwithstanding the requirements stated above, stairways or similar

structures may be allowed with a permit from the Code Enforcement

Officer to provide shoreline access in areas of steep slopes or

unstable soils provided; that the structure is limited to a maximum of

four (4) feet in width; that the structure does not extend below or over

the normal high-water line of a water body or upland edge of a

wetland, (unless permitted by the Department of Environmental

Protection pursuant to the Natural Resources Protection Act, Title 38,

Section 480-C); and that the applicant demonstrates that no

reasonable access alternative exists on the property.

f. Retaining walls that are not necessary for erosion control shall meet

the structure setback requirement, except for low retaining walls and

associated fill provided all of the following conditions are met:

1. The site has been previously altered and an effective vegetated

buffer does not exist;

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2. The wall(s) is (are) at least 25 feet, horizontal distance, from the

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

upland edge of a wetland;

3. The site where the retaining wall will be constructed is legally

existing lawn or is a site eroding from lack of naturally occurring

vegetation, and which cannot be stabilized with vegetative

plantings;

4. The total height of the wall(s), in the aggregate, are no more than

24 inches;

5. Retaining walls are located outside of the 100-year floodplain on

rivers, streams, and tributary streams, as designated on the

Federal Emergency Management Agency’s (FEMA) Flood

Insurance Rate Maps or Flood Hazard Boundary Maps, or the

flood of record, or in the absence of these, by soil types identified

as recent flood plain soils.

6. The area behind the wall is revegetated with grass, shrubs,

trees, or a combination thereof, and no further structural

development will occur within the setback area, including patios

and decks; and

7. A vegetated buffer area is established within 25 feet, horizontal

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

stream, or upland edge of a wetland when a natural buffer area

does not exist. The buffer area must meet the following

characteristics:

a. The buffer must include shrubs and other woody and

herbaceous vegetation. Where natural ground cover is

lacking the area must be supplemented with leaf or bark

mulch;

b. Vegetation plantings must be in quantities sufficient to retard

erosion and provide for effective infiltration of stormwater

runoff;

c. Only native species may be used to establish the buffer

area;

d. A minimum buffer width of 15 feet, horizontal distance, is

required, measured perpendicularly to the normal high-water

line or upland edge of a wetland;

e. A footpath not to exceed the standards in Section

15(P)(2)(a), may traverse the buffer;

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3. Piers, Docks, Wharfs, Bridges, and Other Structures and Uses Extending

Over or Below the Normal High-Water Line of a Water Body or Within a

Wetland.

a. Access from shore shall be developed on soils appropriate for such

use and constructed so as to control erosion.

b. The location shall not interfere with existing developed or natural

beach areas.

c. The facility shall be located so as to minimize adverse effects on fish

habitat.

d. The facility shall be no larger in dimension than necessary to carry on

the activity and be consistent with the surrounding character and uses

of the area. A temporary pier, dock or wharf shall be no wider than six

feet for non-commercial uses.

e. No new structure shall be built on, over or abutting a pier, wharf, dock

or other structure extending beyond the normal high-water line of a

water body or within a wetland unless the structure requires direct

access to the water body or wetland as an operational necessity.

f. No existing structures built on, over or abutting a pier, dock, wharf or

other structure extending beyond the normal high-water line of a water

body or within a wetland shall be converted to residential dwelling

units in any district. Except in the Village District structures built on,

over or abutting a pier, wharf, dock or other structure extending

beyond the normal high-water line of a Water body or within a wetland

shall not exceed twenty (20) feet in height above the pier, wharf, dock

or other structure.

g. New permanent piers and docks shall not be permitted unless it is

clearly demonstrated to the Planning Board that a temporary pier or

dock is not feasible, and a permit has been obtained from the

Department of Environmental Protection, pursuant to the Natural

Resources Protection Act.

4. Individual Private Campsites

Individual, private campsites not associated with campgrounds are allowed

provided the following conditions are met:

a. One campsite per lot existing on the effective date of this Ordinance or

thirty thousand (30,000) square feet of lot area within the shoreland

zone, whichever is less, may be permitted.

b. Campsite placement on any lot, including the area intended for a

recreational vehicle or tent platform, shall be set back one hundred

(100) feet, horizontal distance, from the normal high-water line of a

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great pond, and seventy-five (75) feet, horizontal distance, from the

normal high-water line of other water bodies, tributary streams, or the

upland edge of a wetland.

c. Only one recreational vehicle shall be allowed per campsite. The

recreational vehicle shall not be located on any type of permanent

foundation except for a gravel pad, and no structure except a canopy

shall be attached to the recreational vehicle.

d. The clearing of vegetation for the siting of the recreational vehicle, tent

or similar shelter in a Resource Protection District shall be limited to

one thousand (1000) square feet.

e. A written sewage disposal plan describing the proposed method and

location of sewage disposal shall be required for each campsite and

shall be approved by the Local Plumbing Inspector. Where disposal is

off-site, written authorization from the receiving facility or land owner is

required.

f. When a recreational vehicle, tent or similar shelter is placed on-site for

more than one hundred and twenty (120) days per year, all

requirements for residential structures shall be met including the

installation of a subsurface sewage disposal system in compliance

with the State of Maine Subsurface Wastewater Disposal Rules unless

served by public sewage facilities.

5. Parking Areas

a. Parking areas shall meet the shoreline and tributary stream setback

requirements for structures for the District in which such areas are

located. The setback requirement for parking areas serving public

boat launching facilities, in Districts other than the Village District shall

be no less than fifty (50) feet, horizontal distance, from the shoreline

or tributary stream if the Planning Board finds that no other reasonable

alternative exists further from the shoreline or tributary stream.

b. Parking areas shall be adequately sized for the proposed use and

shall be designed to prevent stormwater runoff from flowing directly

into a water body, tributary stream or wetland and where feasible, to

retain all runoff on-site.

6. Roads and Driveways

The following standards shall apply to the construction of roads and/or

driveways and drainage systems, culverts and other related features.

a. Roads and driveways shall be set back at least one-hundred (100)

feet , horizontal distance, from the normal high-water line of a great

Town of Tuner, Maine

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pond, and seventy-five (75) feet , horizontal distance, from the normal

high-water line of other water bodies, tributary steams, or the upland

edge of a wetland unless no reasonable alternative exists as

determined by the Planning Board. If no other reasonable alternative

exists, the road and/or driveway setback requirement shall be no less

than fifty (50) feet, horizontal distance, upon clear showing by the

applicant that appropriate techniques will be used to prevent

sedimentation of the water body, tributary stream or wetland. Such

techniques may include, but are not limited to, the installation of

settling basins, and/or the effective use of additional ditch relief

culverts and turnouts placed so as to avoid sedimentation of the water

body, tributary stream, or wetland.

On slopes of greater than twenty (20) percent the road and/or

driveway setback shall be increased by ten (10) feet, , horizontal

distance, for each five (5) percent increase in slope above twenty (20)

percent.

This paragraph does not apply to approaches to water crossings or to

roads or driveways that provide access to permitted structures, and

facilities located nearer to the shoreline or tributary stream due to an

operational necessity, excluding temporary docks for recreational use.

Roads and driveways providing access to permitted structures within

the setback areas shall comply fully with the requirements of

subsection 6.a except for that portion of the road or driveway

necessary for direct access to the structure.

b. Existing public roads may be expanded within the legal road right-ofway

regardless of their setback from a water body, tributary stream or

wetland. Increases in the travel way width of privately owned streets

which are less than 100 feet from the normal high water line of a great

pond or 75 feet from the normal high water line of other water bodies

shall not further encroach or reduce the existing setback.

c. New roads and driveways are prohibited in a Resource Protection

District except to provide access to permitted uses within the district or

as approved by the Planning Board upon a finding that no reasonable

alternative route or location is available outside the districts in which

case the road or driveway shall be set back as far as practicable from

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

edge of a wetland.

d. Road and driveway banks shall be no steeper than a slope of two (2)

horizontal to one (1) vertical, and shall be graded and stabilized in

accordance with the provisions for erosion and sedimentation control

contained in subsection 14.

e. Road and driveway grades shall be no greater than ten (10) percent

except for short segments of less than two hundred (200) feet.

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f. In order to prevent road and driveway surface drainage from directly

entering water bodies, tributary streams or wetlands, roads and

driveways shall be designed, constructed, and maintained to empty

onto an unscarified buffer strip at least (50) feet plus two times the

average slope, in width between the outflow point of the ditch or

culvert and the normal high-water line of a water body, tributary

stream, or upland edge of a wetland. Surface drainage which is

directed to an unscarified buffer strip shall be diffused or spread out to

promote infiltration of the runoff and to minimize channelized flow of

the drainage through the buffer strip.

g. Ditch relief (cross drainage) culverts, drainage dips and water turnouts

shall be installed in a manner effective in directing drainage onto

unscarified buffer strips before the flow gains sufficient volume or

head to erode the road, driveway or ditch. To accomplish this, the

following shall apply:

1. Ditch relief culverts, drainage dips and associated water turnouts

shall be spaced along the road or driveway at intervals no

greater than indicated in the following table:

Grade Spacing

(percent) (feet)

0-2 250

3-5 200-135

6-10 100-80

11-15 80-60

16-20 60-45

21+ 40

2. Drainage dips may be used in place of ditch relief culverts only

where the grade is ten (10) percent or less.

3. On sections having slopes greater than ten (10) percent, ditch

relief culverts shall be placed at approximately a thirty (30)

degree angle down slope from a line perpendicular to the

centerline of the road or driveway.

4. Ditch relief culverts shall be sufficiently sized and property

installed in order to allow for effective functioning, and their inlet

and outlet ends shall be stabilized with appropriate materials.

h. Ditches, culverts, bridges, dips, water turnouts and other storm water

runoff control installations associated with roads and driveways shall

be maintained on a regular basis to assure effective functioning.

7. Storm Water Runoff

a. All new construction and development shall be designed to minimize

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storm water runoff from the site in excess of the natural predevelopment

conditions. Where possible, existing natural runoff

control features, such as berms, swales, terraces and wooded areas

shall be retained in order to reduce runoff and encourage infiltration of

storm waters.

b. Storm water runoff control systems shall be maintained as necessary

to ensure proper functioning.

8. Essential Services

a. Where feasible, the installation of essential services shall be limited to

existing public ways and existing service corridors.

b. The installation of essential services, other than road-side distribution

lines, is not permitted in a Resource Protection District except to

provide services to a permitted use within said district or except where

the applicant demonstrates that no reasonable alternative exists.

Where permitted, such structures and facilities shall be located so as

to minimize any adverse impacts on surrounding uses and resources

including visual impacts.

c. Damaged or destroyed public utility transmission and distribution lines,

towers and related equipment may be replaced or reconstructed

without a permit.

9. Mineral Exploration

Mineral exploration to determine the nature or extent of mineral resources

shall be accomplished by hand sampling, test boring, or other methods

which create minimal disturbance of less than one hundred (100) square

feet of ground surface. A permit from the Code Enforcement Officer shall

be required for mineral exploration which exceeds the above limitation. All

excavations including test pits and holes shall be immediately capped, filled

or secured by other equally effective measures to restore disturbed areas

and to protect the public health and safety.

10. Agriculture

a. All spreading or disposal of manure shall be accomplished in

conformance with the Manure Utilization Guidelines published by the

Maine Department of Agriculture on November 1, 2001, and the

Nutrient Management Law (7 M.R.S.A. sections 4201-4209).

b. Manure shall not be stored or stockpiled within one hundred (100)

feet, horizontal distance, of a great pond classified GPA, or within

seventy-five (75) feet horizontal distance, of other water bodies,

tributary streams, or wetlands. All manure storage areas within the

shoreland area must be constructed or modified such that the facility

produces no discharge of effluent or contaminated storm water.

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c. Agricultural activities involving tillage of soil greater than forty

thousand (40,000) square feet in surface area, within the shoreland

area shall require a Conservation Plan. Nonconformance with the

provisions of said plan shall be considered to be a violation of this

Ordinance.

d. There shall be no new tilling of soil within one-hundred (100) feet,

horizontal distance, of the normal high-water line of a great pond

classified GPA; within seventy-five (75) feet, horizontal distance, from

other water bodies; nor within twenty-five feet, horizontal distance, of

tributary streams, and freshwater wetlands. Operations in existence

on the effective date of this ordinance and not in conformance with

this provision may be maintained.

e. Newly established livestock grazing areas shall not be permitted within

one hundred (100) feet, horizontal distance, of the normal high-water

line of a great pond classified GPA; within seventy-five (75) feet,

horizontal distance of other water bodies, nor, within twenty-five (25)

feet, horizontal distance, of tributary streams, and freshwater

wetlands. Livestock grazing associated with ongoing farm activities,

and which are not in conformance with the above setback provisions

may continue provided that such grazing is conducted in accordance

with a Conservation Plan.

11. Timber Harvesting

a. In a Resource Protection District abutting a great pond, timber

harvesting shall be limited to the following:

1. Within the strip of land extending 75 feet, horizontal distance,

inland from the normal high-water line, timber harvesting may be

conducted when the following conditions are met:

i. The ground is frozen;

ii. There is no soil disturbance;

iii. The removal of trees is accomplished using a cable or

boom and there is no entry of tracked or wheeled vehicles

into the 75-foot strip of land.

iv. There is no cutting of trees less than 6 inches in diameter;

no more than 30% of the trees 6 inches in diameter,

measured at 4 ½ feet above ground level, are cut in any 10-

year period; and a well-distributed stand of trees and other

natural vegetation remains; and

v. A licensed professional forester has marked the trees to be

harvested prior to a permit issued by the Code Enforcement

Officer.

2. Beyond the 75-foot strip referred to in paragraph 1. above, timber

harvesting is permitted in accordance with paragraph b. below

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below except that in no case shall the average residual basal

area of trees over 4 ½ inches in diameter at 4 ½ feet above

ground level be reduced to less than 30 square feet per acre.

b. Except in areas as described in Paragraph a. above, timber harvesting

shall conform with the following provisions:

1. Selective cutting of no more than forty (40) percent of the total

volume of trees four (4) inches or more in diameter measured at

4 1/2 feet above ground level on any lot in any ten (10) year

period is permitted. In addition:

i. Within one-hundred (100) feet, horizontal distance of the

normal high-water line of a great pond classified GPA and

within seventy-five (75) feet, horizontal distance, of the

normal high water line of other water bodies, tributary

streams, or the upland edge of a wetland, there shall be no

clear-cut openings and a well-distributed stand of trees and

other vegetation, including existing ground cover, shall be

maintained. For the purposes of this section, a “clear-cut

opening” is an opening in the forest canopy of greater than

two hundred fifty (250) square feet, except that an opening

in the forest canopy of greater than two hundred fifty (250)

square feet does not constitute a clear-cut opening when

(a) a well-distributed stand of understory trees at least ten

(10) feet in height and vegetation, including existing ground

cover, are maintained, and (b) the opening is created by a

single tree, as long as the opening is not increased by the

removal of other trees and vegetation is maintained in the

opening.

ii. At distances greater than one-hundred (100) feet, horizontal

distance, of a great pond classified GPA, and greater than

seventy-five (75) feet, horizontal distance, of the normal

high water line or other water bodies or the upland edge of

a wetland, harvesting operations shall not create single

clear-cut openings greater than ten-thousand (10,000)

square feet in the forest canopy. Where such openings

exceed five-thousand (5000) square feet they shall be at

least one hundred (100) feet, horizontal distance, apart.

Such clear-cut openings shall be included in the calculation

of total volume removal. Volume may be considered to be

equivalent to basal area.

iii. The Planning Board may issue a permit to exceed the 40

percent limitation upon a clear showing including a Forest

Management Plan signed by a Maine licensed Professional

Forester that such timber harvesting in excess of the 40

percent is necessary for good forestry management and is

carried out in accordance with the purpose of this

Ordinance. The Planning Board shall notify the Department

of Environmental Protection of any permits issued for timber

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timber harvesting in excess of the 40 percent within 14 days

of approving such permits.

2. No accumulation of slash shall be left within fifty (50) feet,

horizontal distance, of the normal high-water line of a water

body. In all other areas, slash shall either be removed or

disposed of in such a manner that it lies on the ground and no

part thereof extends more than four (4) feet above the ground.

Any debris that falls below the normal high-water line of a water

body or tributary stream shall be removed.

3. Timber harvesting equipment shall not use stream channels as

travel routes except when:

i. Surface waters are frozen; and

ii. The activity will not result in any ground disturbance.

4. All crossings of flowing water shall require a bridge or culvert

except in areas with low banks and channel beds which are

composed of gravel, rock or similar hard surface which would not

be eroded or otherwise damaged.

5. Skid trail approaches to water crossings shall be located and

designed so as to prevent water runoff from directly entering the

water body or tributary stream. Upon completion of timber

harvesting, temporary bridges and culverts shall be removed and

areas of exposed soil revegetated.

6. Except for water crossings, skid trails and other sites where the

operation of machinery used in timber harvesting results in the

exposure of mineral soil shall be located such that an unscarified

strip of vegetation of at least seventy-five (75) feet, horizontal

distance, in width for slopes up to ten (10) percent shall be

retained between the exposed mineral soil and the normal highwater

line of a water body or upland edge of a wetland. For each

ten (10) percent increase in slope, the unscarified strip shall be

increased by twenty (20) feet, horizontal distance. The

provisions of this paragraph apply only to a face sloping toward

the water body or wetland, provided, however, that no portion of

such exposed mineral soil on a back face shall be closer than

twenty five (25) feet , horizontal distance, from the normal highwater

line of a water body or upland edge of a wetland.

12. Clearing or Removal of Vegetation for Activities Other Than Timber

Harvesting

a. In a Resource Protection District abutting a great pond, there shall be

no cutting of vegetation within the strip of land extending 75 feet,

horizontal distance, inland from the normal high-water line, except to

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remove safety hazards.

Elsewhere, in any Resource Protection District the cutting or removal

of vegetation shall be limited to that which is necessary for uses

expressly authorized in that district.

b. Except in areas as described in paragraph a, above, and except to

allow for the development of permitted uses, within a strip of land

extending one-hundred (100) feet, horizontal distance, inland from the

normal high-water line of a great pond or a river flowing to a great

pond, and seventy-five (75) feet, horizontal distance, from any other

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

strip of vegetation shall be preserved as follows:

1. There shall be no cleared opening greater than 250 square feet

in the forest canopy (or other existing woody vegetation if a

forested canopy is not present) as measured from the outer limits

of the tree or shrub crown. However, a footpath not to exceed

six (6) feet in width as measured between tree trunks and/or

shrub stems is allowed provided that a cleared line of sight to the

water through the buffer strip is not created.

2. Selective cutting of trees within the buffer strip is allowed

provided that a well distributed stand of trees and other natural

vegetation is maintained. For the purposes of Section a "welldistributed

stand of trees" adjacent to a great pond or a river or

stream flowing to a great pond, shall be defined as maintaining a

rating score of 24 or more in each 25-foot by 50-foot rectangular

(1250 square feet) area as determined by the following rating

system.

Diameter of Tree at 4-1/2 feet Above Points

Ground Level (inches)

2 - < 4 in. 1

4 – <8 in. 2

8-< 12 in. 4

12 in. or greater 8

Adjacent to other water bodies, tributary streams, and wetlands,

a "well-distributed stand of trees" is defined as maintaining a

minimum rating score of 16 per 25-foot by 50-foot rectangular

area.

The following shall govern in applying this point system:

i. The 25-foot by 50-foot rectangular plots must be

established where the landowner or lessee proposes

clearing within the required buffer;

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ii. Each successive plot must be adjacent to, but not overlap a

previous plot;

iii. Any plot not containing the required points must have no

vegetation removed except as otherwise allowed by this

Ordinance;

iv. Any plot containing the required points may have vegetation

removed down to the minimum points required or as

otherwise allowed by is Ordinance;

v. Where conditions permit, no more than 50% of the points

on any 25-foot by 50-foot rectangular area may consist of

trees greater than 12 inches in diameter.

For the purposes of Section 2.b above “other natural vegetation”

is defined as retaining existing vegetation under three (3) feet in

height and other ground cover and retaining at least five (5)

saplings less than two (2) inches in diameter at four and one half

(4 ½) feet above ground level for each 25-foot by 50-foot

rectangle area. If five saplings do not exist, no woody stems less

than two (2) inches in diameter can be removed until 5 saplings

have been recruited into the plot.

Notwithstanding the above provisions, no more than 40% of the

total volume of trees four (4) inches or more in diameter,

measured at 4 1/2 feet above ground level may be removed in

any ten (10) year period.

3. In order to protect water quality and wildlife habitat, existing

vegetation under three (3) feet in height and other ground cover,

including leaf litter and the forest duff layer, shall not be cut,

covered, or removed, except to provide for a footpath or other

permitted uses as described in Section 12.b and 12.b.1 above.

4. Pruning of tree branches, on the bottom 1/3 of the tree is

allowed.

5. In order to maintain a buffer strip of vegetation, when the

removal of storm-damaged, diseased, unsafe, or dead trees

results in the creation of cleared openings, these openings shall

be replanted with native tree species unless existing new tree

growth is present.

Paragraph 2 above does not apply to those portions of public

recreational facilities adjacent to public swimming areas as long as

cleared areas are limited to the minimum area necessary.

c. At distances greater than one hundred (100) feet, horizontal distance,

from a great pond or a river flowing to a great pond, and seventy-five

(75) feet, horizontal distance, from the normal high-water line of any

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

there shall be allowed on any lot, in any ten (10) year period, selective

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cutting of not more than forty (40) percent of the volume of trees four

(4) inches or more in diameter, measured 4 1/2 feet above ground

level. Tree removal in conjunction with the development of permitted

uses shall be included in the forty (40) percent calculation. For the

purposes of these standards volume may be considered to be

equivalent to basal area.

In no event shall cleared openings for any purpose, including but not

limited to, principal and accessory structures, driveways, lawns and

sewage disposal areas, exceed in the aggregate, 25% of the lot area

within the shoreland zone or ten thousand (10,000) square feet,

whichever is greater, including land previously cleared.

d. Legally existing nonconforming cleared openings may be maintained,

but shall not be enlarged, except as allowed by this Ordinance.

e. Fields and other cleared openings which have reverted to primarily

shrubs, trees, or other woody vegetation shall be regulated under the

provisions of this section.

13. Erosion and Sedimentation Control

a. All activities which involve filling, grading, excavation, or other similar

activities which result in unstabilized soil conditions and which require

a permit shall require a written soil erosion and sedimentation control

plan. The plan shall be submitted to the permitting authority for

approval and shall include, where applicable, provisions for:

1. Mulching and revegetation of disturbed soil.

2. Temporary runoff control features such as hay bales, silt fencing

or diversion ditches.

3. Permanent stabilization structures such as retaining walls or

riprap.

b. In order to create the least potential for erosion, development shall be

designed to fit with the topography and soils of the site. Areas of

steep slopes where high cuts and fills may be required shall be

avoided wherever possible, and natural contours shall be followed as

closely as possible.

c. Erosion and sedimentation control measures shall apply to all aspects

of the proposed project involving land disturbance and shall be in

operation during all stages of the activity. The amount of exposed soil

at every phase of construction shall be minimized to reduce the

potential for erosion.

d. Any exposed ground area shall be temporarily or permanently

stabilized within one (1) week from the time it was last actively worked

by use of riprap, sod, seed, and mulch, or other effective measures. In

all cases permanent stabilization shall occur within nine (9) months of

the initial date of exposure in addition:

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1. Where mulch is used, it shall be applied at a rate of at least one

(1) bale per five hundred (500) square feet and shall be

maintained until a catch of vegetation is established.

2. Anchoring the mulch with netting, peg and twine or other suitable

method may be required to maintain the mulch cover.

3. Additional measures shall be taken where necessary in order to

avoid siltation into the water. Such measures may include the

use of staked hay bales and/or silt fences.

e. Natural and manmade drainage ways and drainage outlets shall be

protected from erosion from water flowing through them. Drainage

ways shall be designed and constructed in order to carry water from a

twenty-five (25) year 24-hour storm or greater, and shall be stabilized

with vegetation or lined with riprap.

14. Septic Waste Disposal

All subsurface sewage disposal systems shall be installed in

conformance with the State of Maine Subsurface Wastewater Disposal

Rules and the following: a) clearing or removal of woody vegetation

necessary to site a new system and any associated fill extensions, shall

not extend closer than seventy-five (75) feet, horizontal distance, from

the normal high-water line of a water body or the upland edge of a

wetland and b) a holding tank is not allowed for a first-time residential

use in the shoreland zone

15. Archaeological Site.

Any proposed land use activity involving structural development or soil

disturbance on or adjacent to sites listed on, or eligible to be listed on the

National Register of Historic Places, as determined by the permitting

authority, shall be submitted by the applicant to the Maine Historic

Preservation Commission for review and comment, at least twenty (20)

days prior to action being taken by the permitting authority. The

permitting authority shall consider comments received from the

Commission prior to rendering a decision on the application.

U. Temporary Dwellings

1. Purpose: The purpose of these standards is to provide for the habitation of

one dwelling during the construction or renovation of a second dwelling on

lots that do not comply with Section 3.1.6 of this Ordinance.

2. General Requirements: The Code Enforcement Officer may issue a

Temporary Dwelling Permit for the purpose of the owner residing in one

dwelling while a new dwelling is constructed or an existing dwelling is

renovated if all the following are met:

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a. The structure to be resided in during the construction or renovation of

the second structure shall be connected to an approved subsurface

sewage disposal system.

b. All zoning setbacks and lot coverage requirements of this ordinance

shall be met.

c. The owner must reside in one of the structures during construction or

renovations.

d. The structure which is not to be the principle residence shall be

resided in for not more than sixteen (16) months from the date of the

issuance of the permit for the construction of primary residence.

e. Within sixteen (16) months from the date of the issuance of a permit or

sixty (60) days from the issuance of an occupancy permit, whichever

is less, the owner shall comply with the following: (1) in the case of a

mobile home, it shall be removed from the lot. (2) Other structures

shall be converted to an accessory structure or removed.

f. Prior to the issuance of a building permit for the construction and

renovation on a lot where a temporary residential structure will be

located the owner shall sign a binding agreement with the Town of

Turner that the provisions of this section shall be complied with.

V. Non-Residential Accessory Structures

Accessory structures to commercial, manufacturing and industrial structures and

uses of greater than 1,000 square feet in total floor area shall require review and

approval of compatibility by the Code Enforcement Officer. Before making a

determination of compatibility the Code Enforcement Officer shall make a

positive written finding that the proposed accessory structure meets the following

criteria:

1. The proposed structure shall be related harmoniously to the terrain and to

existing buildings in the vicinity that have a visual relationship to the

proposed accessory structure so as to have minimal adverse affect on the

environment and aesthetic qualities of the developed and neighboring

areas.

2. Materials shall have good architectural character and shall be selected for

harmony of the building with adjoining buildings.

3. Colors shall be harmonious and shall use compatible accents. and

4. Exterior lighting shall be part of the architectural concept.

W. Commercial Telecommunications Towers and Related Facilities

1. Purpose

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The Town of Turner finds that the regulation of the placement, spacing,

installation, location and number of both wireless and conventional

commercial telecommunications towers and related facilities, consistent

with federal and state policies and law, is in the public interest:

a. In order to reduce the potential adverse impacts of such towers and

related facilities upon the unique natural assets of the Town of Turner

including the scenic views and its rural environment according to the

Turner Comprehensive Plan;

b. In order to minimize the number, avoid congestion in their location and

lessen their intrusive effect;

c. In order to conserve and enhance property values; and

d. In order to ensure the optimum location of telecommunications towers

and related facilities.

2. Intent

In compliance with federal regulations and Section 5 Site Plan Review, of

this Ordinance, the Town of Turner does not intend to create barriers to the

ability to provide interstate or intrastate telecommunications services or to

discriminate against or favor providers of commercial telecommunications

facilities and services.

3. Guidance Standards

The purposes of these standards shall be as follows:

a. To preserve the authority of the Town of Turner to regulate the siting

of commercial telecommunications towers and related facilities and to

determine the optimum location for such towers and facilities in order

to provide commercial telecommunications services to the Town of

Turner effectively and efficiently;

b. To enable the Town to take such steps as may be needed to reduce

any adverse impacts such facilities may create, including, but not

limited to, impacts upon aesthetics, scenic resources, environmentally

sensitive areas, recreational uses, safety, property values, and areas

or sites of historic significance;

c. To encourage the use of innovative siting and configuration options,

including siting possibilities within or attached to existing structures or

beyond the municipal jurisdiction of the Town and to require

cooperation and collocation between competitors and the exhaustion

of all other reasonable alternatives before the construction of new

towers is permitted;

d. To ensure that there is an adequate assumption of responsibility for

maintenance, repair, and safety inspections of operational facilities, for

the prompt and safe removal of abandoned telecommunications

towers and related facilities and for the removal and upgrade of

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facilities that are technologically outdated; and

e. Encourage personal wireless commercial telecommunications

services to provide a blanket of coverage for the Town of Turner, not

just nearby corridors, to ensure that the facilities constructed will

provide the best possible service and benefits to the community.

4. Specific Standards

a. Except to the extent of any inconsistency with federal or state law, and

subject to the standards contained in this Section and Section 5, Site

Plan Review, the siting, establishment, erection, installation or

operation of a commercial telecommunications tower facility within the

Town of Turner shall be considered to be a principal use.

b. For the purpose of this Ordinance Commercial telecommunications

towers and related facilities shall not be considered infrastructure,

essential services or public utilities and the siting of such facilities shall

constitute a use of the land to be regulated by this Ordinance.

c. Towers, antennas or other commercial telecommunications facilities

shall be located and designed so as to preserve the ability of the

public to enjoy the scenic views as defined in the Turner

Comprehensive Plan;

d. Use of alternative technologies and of colocation shall be thoroughly

studied, and determined to be infeasible before the construction of any

new towers are approved;

e. Commercial telecommunication towers, antennas, and other electrical

and mechanical equipment shall be made with a neutral finish or color

or otherwise be treated so as to reduce visual impact;

f. Towers shall only be lighted if required by the FAA and such lighting

shall be designed so as to cause the least impact upon the

surrounding properties or abutting communities;

g. Towers shall be located on sites where the topography and tree cover

of the surrounding land shall be utilized to minimize any adverse

visual impact;

h. Existing mature vegetation and natural land forms on the site shall be

preserved to the maximum extent possible;

i. Towers shall not contain any permanent or temporary signs, writing,

symbols or other graphic representation of any kind, except as may be

allowed or required by the Turner Planning Board in the interest of

public safety;

j. The minimum land area for a commercial telecommunications tower

and related facilities shall be 125% of the of the area required for the

fall zone which may be by ownership, lease or easement;

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k. The minimum distance from a commercial telecommunications tower

to any property line, road, structure, dwelling, recreational or institution

use shall be 125% of the fall zone of the tower, including any

antennas or other appurtenances, which may be by ownership, lease

or easement;

l. Towers shall be enclosed by security chain-link fencing a minimum of

6 feet in height and shall be equipped with appropriate anti-climbing

devices;

m. Access for motorized vehicles to tower compound shall reflect the

access performance standards of this ordinance and minimize the

impact upon the surrounding environment;

o. The tower compound shall be landscaped and maintained with a

vegetative buffer that effectively screens the view of the tower base

and support facilities; and

p. All towers, antennas and other telecommunications facilities and

equipment shall meet or exceed current standards and regulations of

the FAA, FCC and any other agency of the federal or state

governments having controlling regulatory authority. If such standards

or regulations are changed, the owners or operators of such facilities

or equipment shall insure that it complies with the revised standards or

regulations within six (6) months of the effective dates of any revisions

unless the controlling authority mandates a more stringent compliance

schedule.

NOTE: Items W.4.j-o may not apply when the telecommunication

equipment is attached to or within an existing structure and the Planning

Board determines that there will be no adverse impact on the subject or

adjacent properties.

5. Abandonment

Failure to comply in accordance with the applicable schedule shall

constitute abandonment and shall be grounds for the removal of such

facilities or equipment at the owner’s expense through the execution of the

posted security.

a. The owner of a tower, antenna, or other commercial

telecommunications related facilities and equipment shall be

responsible for insuring that such facilities and equipment at all times

conform to applicable industry standards, as such standards may be

amended from time to time. If upon inspection the Planning Board or

their designee determines that such regulations or standards are not

being met, or that the facilities or equipment pose a danger to

persons, property, or the community they shall notify the owner of the

facility in writing and the owner shall within thirty (30) days, remedy

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such defects. Failure to do so shall constitute abandonment and shall

be grounds for the removal of the facilitates and equipment at the

owner’s expense through the execution of the posted security.

b. Any antenna or tower that is not operated for a continuous period of

twelve (12) months shall be considered abandoned and hazardous to

the public health and safety, and such antenna or tower shall be

removed in accordance with the following procedure:

1. The Planning Board shall hold a public hearing after due notice

to abutters and to the last known owner/operator of the antenna

or tower;

2. If at such hearing, the Planning Board determines that the

antenna or tower is , in fact, abandoned, it shall issue a

declaration of abandonment to the owner/operator;

3. Within ninety (90) days after issuance of such declaration, the

owner shall remove the abandoned structure and, if the

owner/operator shall not, the town may execute the security and

have the tower removed at the owners expense; and

4. If there are two or more users of a single tower, the provisions of

this subsection shall not become effective until all users cease

using such tower.

6. Security Bonds

a. Before, and as a condition of the approval of a Site Plan filed in

connection with the installation of any commercial telecommunications

tower and related facilities, the Planning Board shall require the

developer or installer to file with the Town a bond in an amount

adequate to cover the costs of removing the facility together with any

structures or equipment appurtenant thereto and of returning the site

to its condition prior to such installation. This performance bond shall

remain on file with the town and shall not be released unless the

installation has been decommissioned, dismantled, and removed.

b. The Planning Board shall require the owner/operator of any antenna

or tower to annually provide the Town office proof that it is maintaining

a certificate of liability insurance covering accident or damage.

X. Individual Lot Phosphorous Management

1. Purpose

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The purposes of these standards are to maintain the water quality of lakes

and ponds in Turner and those it shares with adjacent communities by

controlling the transport of phosphorous from their direct watersheds.

2. Applicability of Standards

a. The following development activities shall require a Phosphorous

Management Control Permit issued by the Code Enforcement Officer

whenever located within the direct watershed of a lake or pond. For

the purposes of this standard, Gulf Island Pond shall not be

considered a pond.

1. New commercial, retail, industrial, institutional and recreational

structures and uses that have not received approval by the

Planning Board that included a Phosphorous Export Analysis.

2. New residential structures and uses that have not received

approval by the Planning Board that included a Phosphorous

Export Analysis.

3. Expansions in any five (5) year period of any residential,

commercial, retail, industrial, institutional or recreational

structures and uses that will result in more than six hundred

twenty-four (624) square feet of impervious surface that have not

received approval by the Planning Board that included a

Phosphorous Export Analysis.

b. The following are exempt for this Section:

1. Legally existing buildings and uses as they existed on April 8,

2006; and

2. Land development activities related to Subdivision and Site Plan

Review activities when they are in conformance with an

approved application by the planning Board to limit phosphorous

export pursuant to Phosphorous Control in Lake Watersheds: A

Technical Guide to Evaluating New Development, (Maine

Department of Environmental Protection et al., September 1989

with revisions to Chapter 4, May 1990 and as amended).

3. Application Procedure

Before issuing a Building or Use Permit, the Code Enforcement Officer shall

review and approve an application for Phosphorous Management Control.

a. Submission Requirements

1. The tax map and lot number of the lot and the name of the direct

lake/pond watershed in which it is located.

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2. A Site Map of the proposed activity drawn at a scale of one (1)

inch equals fifty (50) feet unless otherwise approved by the Code

Enforcement Officer showing:

i. The location and dimensions of all existing and proposed

structures and driveways;

ii. Existing ground cover (woods, fields, lawns, etc.);

iii. Areas to be cleared for construction or landscaping;

iv. Present or proposed location of Subsurface Wastewater

Disposal System;

v. Drainage Patterns.

3. A photograph of the project site.

b. Application Review

The Code Enforcement Officer shall review and approve a

Phosphorous Management Control Permit based on one of the

following methods.

1. Point System

The Code Enforcement Officer shall issue a Phosphorous

Management Control Permit if the applicant meets or exceeds

thirty (30) points based on the following schedule.

i. 10 points for correcting an existing erosion problem on the

project site.

ii. 10 points for a clearing limitation of 15,000 square feet and

less.

iii. 15 points for a clearing limitation of 10,000 square feet and

less.

iv. 15 points for the installation of rock-lined drip edges or

other infiltration system to serve the new construction.

v. 20 points for a 50-foot wide buffer located downslope of the

developed area.

vi. 25 points for a 75-foot wide buffer located dwonslope of the

developed area.

vii. 30 points for a 100-foot wide buffer located downslope of

the developed area.

2. Technical Analysis

The Code Enforcement Officer shall issue a Phosphorous Export

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Transport Permit if the applicant does not exceed the

Phosphorous Export Per Acre as identified in Section 5.E.8.

4. Performance Standards

a. Erosion. Existing erosion problems shall be corrected according to

the Maine Erosion and Control Hand Book for Construction Best

Management Practices (March 1991 and as amended).

b. Clearing Limitations. Clearing limitations shall be determined based

on the area where the natural vegetations is to be removed and

converted to structures, gravel or paved surfaces and lawns.

c. Rock-lined Drip Edges and/or Gutter Drains. A trench 6 to 8 inches in

depth and 12 to 16 inches in width, filled with ¾ inch crushed stone,

centered beneath the roof edge drip line and/or gutter drain.

d. Other Infiltrations Systems. Other infiltrations systems shall be

designed according to the Maine Erosion and Control Hand Book for

Construction Best Management Practices (March 1991 and as

amended).

e. Buffers

i. Natural Occurring. The natural occurring buffer shall be created

by allowing the natural progressing of vegetation to develop by

the lack of mowing.

ii. Planted Buffers. Any planting or revegetation required 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

4.T.12.b.2 and the ground cover requirements of paragraph

4.T.12.b.3 when the vegetation matures within the fifty- (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 eighty (80) square feet of newly

established buffer. Planted saplings may be no loess than three

(3) feet tall for coniferous species and no less than six (6) feet tall

for deciduous species. The planting plan must include a mix of

at least three (3) native tree species found growing in adjacent

areas with no one species making up more than fifty (50) percent

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.

iii. Ground Cover. 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 while area is returning to

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its natural state.

Y. Farm Enterprise

1. Purpose

The purpose of Farm Enterprise is to assist in the implementation of the

policies of the Comprehensive Plan relating to encouraging the presence

of an agricultural land base for production agriculture and to encourage

use of prime agriculture land for farming by providing farm owners and or

operators to conduct business not otherwise permitted in the Rural I and

Rural II Districts to supplement income from traditional farm operations.

The Planning Board shall find in addition to the Provisions of Section 5,

Site Plan Review, of this Ordinance that all of the following criteria will be

met.

a. The farm enterprise shall be owned by the owner of the farm.

b. The farm enterprise is located on property owned by the owner of

the farm.

c. Should the farm enterprise not be conducted in an existing

structure, new structure(s) constructed for the sole purpose of

conducting a farm enterprise shall not exceed a total of 10,000

square feet of ground area.

d. The owner of the farm enterprise shall provide the Planning Board

with a legally binding statement that should his or her farm

operation cease, the farm enterprise shall also cease within 60

days unless the use is permitted in the district or, for those uses not

permitted, the farm owner can provide proof by easement, lease, or

other binding legal agreement that the usable farm land will

continue to be farmed by others or has been set aside for

conservation, recreational, or other open space uses. With such

documentation, the Planning Board can allow the farm enterprise

use to continue.

Z. Storage Tanks

All above or below ground storage tanks, of any size, used for the storage of

fuels, hazardous substances, chemicals, industrial wastes, and flammable or

combustible liquids shall be designed and installed in accordance with all

applicable rules or standards set by the State of Maine, Maine State Fire

Marshal’s Office, or the Maine Department of Environmental Protection.

AA. Rental Cabins

Rental cabins are permitted with Planning Board approval providing the

following conditions are met.

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1. Density – one cabin per 30,000 square feet of lot area. Land supporting

wetland vegetation and land below the normal high water line of a water

body shall not be included in calculating land area per cabin.

2. Cabins/structures shall be set back 100’ from the normal high water line

of a great pond and 75’ from the normal high water line of other

waterbodies, tributary streams, or the upland edge of a wetland.

3. Cabins/structures shall be set back 100’ from any public road and 50’

from any lot line. Setbacks from a private road shall be 100’ except

setbacks from private roads or driveways located on the same parcel

can be reduced to 25’ by the Planning Board.

4. Cabins/structures can be constructed on permanent foundations or

support posts set on the existing ground.

5. The clearing of vegetation for siting of the cabin/structure in a Shoreland

District shall be limited to 1,000 square feet per unit. Clearing of

vegetation in other districts shall be limited by the Planning Board to the

minimum necessary for the practical use of the property.

6. A written sewage disposal plan describing the proposed method and

location of sewage disposal shall be required for each cabin/structure.

Installation of subsurface sewage disposal systems shall be in

compliance with the State of Maine Subsurface Wastewater Disposal

Rules.

7. The applicant shall demonstrate the availability of adequate supply and

quality of water for both domestic and firefighting purposes.

8. The owner of the rental cabin shall provide the Planning Board with a

legally binding statement that should his or her facility cease operations,

the rental cabins/structures will be removed within 60 days unless the

rental cabins/structures meet all dimensional requirements for residential

dwelling units contained in this ordinance. The Planning Board may also

approve the continued use of the rental cabins/structures as residential

dwelling units with new application and approvals under the Open Space

Subdivision provisions of this ordinance.

BB. Shorefront Common Areas

Shorefront Common Areas used for more than one residential dwelling unit or

family unit or other legal entity shall meet the following criteria:

1. Shorefront Common Areas shall have a minimum of 250’ of shore

frontage and a minimum of 100’ of lot depth for the first 10 residential

dwelling units or rights of use granted and there shall be an additional

25’ of shore frontage with a minimum of 100’ of lot depth for each

additional residential dwelling unit or rights of use granted.

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2. Use of common areas within a subdivision shall be limited to residential

dwelling units contained within said subdivision.

3. The provisions of this Section shall not apply to municipal beach

facilities.

4. The provisions of this Section shall apply to all new uses located within

the shoreland zone.

5. Shorefront common areas established before April 8, 2006 are exempt

from the preceding criteria if there has been no increase in rights of use

granted since said date.

CC. Apartments Accessory to Commercial Uses

1. Purpose. The purpose of these standards is to allow the development of

residential dwelling units as an accessory use in commercial structures

while ensuring a suitable residential environment.

2. General Requirements. The Code Enforcement Office may issue a permit

for one and the Planning Board may issue a permit for two residential

dwelling units, in a commercial structure provided the following are met.

Three or more residential dwelling units in a commercial structure shall

require subdivision approval.

a. The residential dwelling units shall be clearly incidental to the principal

commercial nature of the structure.

b. Each dwelling unit shall be provided with a private, outdoor yard space

adjacent to the unit.

c. Each dwelling unit shall be provided two off-street parking spaces

separate from customer parking.

d. Subsurface sewage disposal shall be provided that complies with the

State of Maine Subsurface Sewage Disposal Rules.

e. Each dwelling unit shall have access to and use of a minimum of 400

cubic feet of private storage space within the individual dwelling unit or

in common storage facilities.

f. No access to the residential dwelling unit shall be via commercial

space.

g. All provisions of the Town of Turner Building Code and the National

Life Safety Code shall be met.

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SECTION 5. Site Plan Review

A. The purposes of this section are:

1. To provide municipal review of projects that potentially could affect the

environment and community;

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

the Town of Turner;

3. To provide local protection from those particular nuisances which are not

governed by State law or regulation;

4. To balance the rights of landowners to use their land with the

corresponding right of abutting and neighboring landowners to live without

undue disturbance from noise, smoke, fumes, dust, odor, glare, traffic,

storm water runoff or the pollution of ground or surface waters;

5. To reduce the off-site external problems created by developments thereby

decreasing the cost of maintaining or improving municipal services;

6. To conserve the Town's natural beauty and visual character by ensuring

that structures, signs and other improvements and uses of land are sited

and developed with due regard to the aesthetic qualities of the natural

terrain and that proper attention is given to exterior appearances of

structures, signs, other improvements and uses of land; and

7. To implement the policies of the comprehensive plan.

B. Applicability

1. Site Plan Review by the Planning Board in conformity with the criteria and

standards of this section shall be required for the following:

a. Uses in each district which require site plan review as identified in

Section 3.H.

b. A change in use when the new use is subject to Site Plan Review.

c. New uses of existing structures or land or existing uses that require

Site Plan Review as identified in Section 3.H. when such uses would

alter normal traffic patterns, or which would employ new materials

and/or processes.

d. Existing uses that require Site Plan Review as defined in Section 3.H

which seek to expand within any five (5) year period, with regard to

floor space, seating capacity or outdoor storage area, unless the

expansion is less than 30% and the Code Enforcement Officer makes

written findings that (1) the new use will comply with the standards in

Section 5.E and F,(2), the hours of operation of the new use will be

similar to those approved by the Planning Board for the previous use,

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and (3) traffic volumes will not increase from a low volume generator

to a medium or high volume generator, or from a medium generator to

a high volume generator as defined in Section 5.E.4.d.

e. Resumption of conforming uses which have been abandoned for at

least five years which would require review if being newly established.

f. The initial placement of above or below ground storage tank(s) used

for fuels, hazardous substances or flammable and combustible liquids

which contain 10,000 gallons or more in total or in combination.

2. Site plan approval is not required for the following:

a. The normal and customary practices and structures associated with

agriculture as defined in Section 8.

b. Sand and gravel pits approved or established prior to March 10, 1990

including the expansion of those pits approved or established on the

same or adjacent parcels.

c. A new use of a structure and/or land area that has previously

undergone Site Plan Review and approval by the Planning Board,

when the Code Enforcement Officer makes written findings that (1) the

new use will comply with the standards in Section 5.E and F, (2) the

structure or land area will not be enlarged beyond what is permitted in

Section 5.B.1.d.(3), the hours of operation of the new use will be

similar to those approved by the Planning Board for the previous use,

and (4) traffic volumes will not increase from a low volume generator

to a medium or high volume generator, or from a medium generator to

a high volume generator as defined in Section 5.E.4.d.

C. Administration

1. Agenda. In order to avoid unnecessary delays in processing applications,

the Planning Board shall prepare an agenda for each regularly scheduled

meeting. Applicants shall request to be placed on the Planning Board's

agenda no less than fourteen (14) days in advance of a regularly scheduled

meeting by contacting the Chairman. Applicants who attend a meeting but

who are not on the agenda may be heard but only after all agenda items

have been completed and then only if a majority of the Planning Board so

votes.

2. Preapplication Meeting. Applicants are encouraged to schedule a

meeting with the Planning Board prior to formal submission, to present a

sketch plan and make a verbal presentation regarding the site and the

proposed project.

a. Submission. The Preapplication Sketch Plan shall show, in simple

sketch form, the proposed development area, and other features in

relation to existing conditions. The Sketch Plan, which may be a freeTown

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hand pencilled sketch, should be supplemented with general

information to describe or outline the existing conditions of the site and

the proposed development. It is recommended that the sketch plan

be superimposed on or accompanied by a copy of the Assessor's

Map(s) on which the land is located.

b. Contour Interval and On-Site Inspection. Within 30 days of the preapplication

meeting, the Planning Board shall determine and inform

the applicant, in writing, of the required contour interval on the

development plan and conduct an on-site inspection of the property.

c. Ownership Interest. The applicant will furnish written evidence

showing his right, title or interest (option, contract for sale, etc.) in the

property to be developed to the Planning Board.

3. Application Procedure

a. Applications in Writing. All applications for site plan approval shall

be made in writing on forms provided for this purpose. Applications

shall be received by the Planning Board in order filed and when the

Board agenda permits.

All applications shall be made by the owner in the property or his

agent, as designated in writing or person which shows evidence of

right, title or interest.

b. Development Plan. A Development Plan meeting the standards of

this section shall be submitted to and reviewed by the Planning Board

and shall be approved by the Planning Board before any building

permit may be issued. In the case of proposed resumptions of uses

which have been abandoned for at least two years, Planning Board

approval shall be required before such uses may be resumed if such a

use requires review if being newly established.

c. The applicant, or his duly authorized representative, shall attend the

meeting of the Planning Board to discuss the Development Plan. The

Planning Board shall provide the applicant a dated receipt of a Site

Plan Review application at the Planning Board meeting where the

application is first presented.

d. Within 30 days of receipt of a Site Plan Review application form and

fee, the Planning Board shall notify the applicant in writing whether or

not the application is complete, and what, if any, additional

submissions are required for a complete application. The Planning

Board may request the applicant to provide additional information

necessary for the Planning Board review after a determination that a

complete application has been received. The Planning Board shall

determine whether to hold a public hearing.

e. The Planning Board shall hold a public hearing on each application at

the first meeting the application is presented and shall publish notice

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of the date, time and place of the hearing in a newspaper of general

circulation in the municipality at least two times, the date of the first

publication to be at least 7 days prior to the hearing. Notice of the

public hearing shall be mailed to all abutters of the proposed

development at least 7 days prior to the hearing by the Town of

Turner.

Within 30 days after the record is closed of a public hearing, or within

60 days of receipt of a complete application, if no hearing is held, or

within another time limit as may be otherwise mutually agreed to by

the Planning Board and the applicant, the Planning Board shall issue

an order and approve, approve with conditions, or deny the

development plan. The Planning Board shall specify, in writing, its

findings of facts and reasons for any conditions or denial.

4. Additional Studies. The Planning Board may require the applicant to

under-take any study which it deems reasonable and necessary to

demonstrate that the requirements of the Ordinance are met. The costs of

all such studies shall be borne by the applicant.

5. Notice to Abutters. Upon filing an application, property owners within 100

feet of the edge of the applicant's property lines shall be notified by certified

mail, Return Receipt Requested, by the Applicant, of a pending application

for Site Plan Review. This notice shall indicate the time, date and place of

the Planning Board's first consideration of the application. The applicant

shall show proof that the abutting property owners were notified.

6. Financial Guarantee. Prior to final approval or any Site Plan Review

application, the Planning Board may require the posting of a bond, escrow

agreement or letter of credit in such amount as is approved by the Planning

Board. This amount shall be sufficient to ensure completion of all

improvements required as conditions of approval of such plan in such form

as approved by the Planning Board and Town Selectmen. The Town shall

have access to the site at all times to review the progress of the work.

7. Conditions. The Planning Board may attach reasonable conditions to the

Site Plan Review approvals to ensure conformity with the standards and

criteria of this Ordinance.

8. Expiration of Approvals. All Site Plan Review approvals shall expire two

(2) years after the date of issuance unless work thereunder is commenced.

If work is not completed within five (5) years from the date of approval, the

approval lapses and a new application must be made and approved subject

to all ordinances then in effect. There will be no additional charge for

application review provided the application is unchanged.

9. Minor Changes to Approved Plans. Minor changes in approved plans

necessary to address field conditions or structure orientation may be

authorized by the Code Enforcement Officer provided that any such change

does not affect the standards of this Ordinance or alter the intent of the

approval. A request for a minor change to an approved plan shall be in

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writing to the Code Enforcement Officer. In making the determination to

approve a minor change to an approved plan the Code Enforcement Officer

shall consult with the Planning Board Chair or the Chair’s designee. All

approvals for minor changes to approved plans shall be in writing by the

Code Enforcement Officer. A copy of the written approval and revised site

plan shall be filed with the Planning Board within thirty (30) days from the

date of the written approval.

10. Approvals of site plans are dependent upon and limited to the proposals

and plans contained in the application and supporting documents submitted

and affirmed by the applicant. Any variation from the plans, proposals and

supporting documents, except minor changes as permitted in 9 above, is

subject to review and approval by the Planning Board.

11. Inspections. The Planning Board or Code Enforcement Officer may

require the applicant to pay for professional oversight or inspections during

construction of site or building improvements proposed under this

ordinance. If required, at least five (5) days prior to commencing

construction, the applicant shall:

a. Notify the Code Enforcement Officer in writing of the time when (s)he

proposes to commence construction so that the municipal officers can

arrange for inspection to be made. The inspecting official shall assure

that all municipal specifications, requirements and conditions of

approval shall be met during the construction and shall assure the

satisfactory completions of improvements required by the Planning

Board or Code Enforcement Officer.

b. Deposit with the municipal officers a check for the amount of 2% of the

estimated costs of construction and improvements to pay for the costs

of inspection. If upon satisfactory completion of construction and

cleanup there are funds remaining, the surplus funds shall be

refunded to the applicant within 30 days. If the inspection account

shall be drawn down by 90%, the applicant shall deposit an additional

1% of the estimated costs of construction and improvements.

D. Site Plan Review Application Requirements

Applications for Site Plan Review shall be submitted on application forms

provided by the Town. The completed application form, required fees and the

required plans and related information shall be submitted to the Planning Board

no less than fourteen (14) days prior to meeting.

One copy of the plan(s) and all accompanying information shall be mailed to

each Planning Board member and Code Enforcement Officer. The applicant

shall mail via certified mail, return receipt requested, the application to the Fire

Chief, Rescue Chief, Road Commissioner and Superintendent of Schools no

less than fourteen (14) days prior to the meeting. The Planning Board can

request that the Fire Chief, Rescue Chief, The Road Commissioner and

Superintendent of Schools provide the Planning Board with official comments

upon the adequacy of their department's existing capacity to service the

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proposed development.

The submission shall contain at least the following exhibits and information:

1. The Development Plan shall consist of one or more reproducible, stable

base transparent original, to be filed at the Town Office, drawn at a scale of

not smaller than 50 feet to the inch or other scale as determined by the

Planning Board. Space shall be provided on the Development Plan for the

signatures of the Board and date with the following words. Approved: Town

of Turner Planning Board

2. A fully executed and signed copy of the application for Site Plan Review.

3. General information:

a. Name of owner(s) of record and address and applicant's name and

address, if different;

b. The name of the proposed development;

c. Names and addresses of all property owners within 100 feet of the

edge of the property line;

d. Sketch map showing general location of the site within the Town;

e. Boundaries of all contiguous property under the control of the owner

or applicant regardless of whether all or part is being developed at this

time;

f. The tax map and lot number of the parcel or parcels;

g. A copy of the deed to the property, option to purchase the property or

other documentation to demonstrate right, title or interest in the

property on the part of the applicant; and

h. The name, registration number and seal of the land surveyor,

architect, engineer and/or person who prepared the plan.

4. Every application shall be accompanied by the written certificate of the

Town's Code Enforcement Officer that the applicant is not in violation of any

Town Ordinance regulating land use. No application shall be considered

complete, nor shall any application be in order for review or approval,

unless accompanied by this written certificate. The Planning Board shall

not waive this requirement.

5. Existing Conditions

a. Zoning classification(s) of the property and the location of Zoning

District boundaries if the property is located in two or more Zoning

Districts or abuts a different district;

b. The bearings and distances of all property lines of the property to be

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

5-7

developed and the source of this information. The Planning Board

may require a formal boundary survey when sufficient information is

not available to establish, on the ground, all property boundaries;

c. Location and size of any existing sewer and water mains, culverts and

drains on the property to be developed and of any that will serve the

development from abutting streets or land;

d. Location, names and present widths of existing streets and rights-ofway

within or adjacent to the proposed development;

e. The location, dimensions and ground floor elevations of all existing

buildings on the site;

f. The location and dimensions of existing driveways, streets and

parking and loading areas and walkways on the site;

g. Location of intersecting roads or driveways within 200 feet of the site;

h. The location of open drainage courses, wetlands, significant wildlife

habitat, known or potential archaeological resource, historic buildings

and sites, significant scenic areas, mapped sand and gravel aquifers,

rare and endangered, other important natural features with a

description of how such features will be maintained or impacts upon

them minimized;

i. The direction of existing surface water drainage across the site, if

existing condition contours are not provided;

j. If any portion of the property is in the 100-year floodplain, its elevation

shall be delineated on the plan;

k. The location and dimensions of existing and proposed signs; and

l. Location and dimensions of any existing easements and copies of

existing covenants or deed restrictions.

6. Proposed Development Activity

a. The location, dimensions, design and exterior materials of all

proposed buildings and structures.

b. All existing and proposed setback dimensions.

c. The size, location and direction and intensity of illumination and

method of installation of all major outdoor lighting apparatus.

d. The type, size and location of all incineration devices.

e. The type, size and location of all machinery likely to generate

appreciable noise at the lot lines.

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

5-8

f. An on-site soils investigation report by a Maine Department of Human

Services licensed Site Evaluator. The report shall identify the types of

soil, location of test pits, and proposed location and design for the

subsurface waste water disposal system.

g. The type and location of water supply to be used.

h. The amount and type of any raw, finished or waste materials to be

stored outside of roofed buildings including their physical and

chemical properties, if appropriate,

i. All existing contours and proposed finished grade elevations of the

entire site and the system of drainage proposed to be constructed.

Contour intervals shall be specified by the Board.

j. The location, type and size of all curbs, sidewalks, driveways, fences,

retaining walls, parking space areas, and the layouts thereof, together

with their dimensions.

k. Landscape plan indicating all landscaped areas, fencing and size and

type of plant material proposed to be retained or planted with special

emphasis placed on front setback areas.

l. All existing or proposed rights-of-way, easements and other legal

restrictions which may affect the premises in question.

m. The property lines of all properties abutting the proposed

development, including those properties across the street, with the

names and addresses of the owners as disclosed on the tax maps on

file in the Town Office as of the date of the development plan review

application.

n. Traffic Data: Traffic data shall include the following:

1) The estimated peak-hour traffic to be generated by the proposal.

2) Existing traffic counts and volumes on surrounding roads.

3) Traffic accident data covering the most recent three-year period

for which such data is available.

4) The capacity of surrounding roads and any improvements which

may be necessary on such roads to accommodate anticipated

traffic generation.

5) The need for traffic signals and signs or other directional markers

to regulate anticipated traffic.

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

5-9

o. A storm water drainage and erosion control plan showing:

1) The existing and proposed method of handling storm water runoff.

2) The direction of flow of the run-off through the use of arrows, if

proposed contours are not provided.

3) The location, elevation and size of all catch basins, dry wells,

drainage ditches, swales, retention basins and storm sewers.

4) Engineering calculations used to determine drainage

requirements based upon the 2-, 10- and 25-year, 24-hour storm

frequency, if the project will significantly alter the existing

drainage pattern due to such factors as the amount of new

impervious surfaces (such as paving and building area) being

proposed.

5) Methods of controlling erosion and sedimentation during and

after construction.

p. A ground water impact analysis prepared by ground water hydrologist

for projects involving shared on-site water supply or sewage disposal

facilities with a capacity of 2,000 gallons or more per day.

q. A utility plan showing, in addition to provisions for water supply and

waste water disposal, the location and nature of electrical, telephone

and any other utility services to be installed on the site.

r. The location, width, typical cross-section, grades and profiles of any

proposed streets and sidewalks.

s. Construction drawings for streets, sanitary sewers, water and storm

drainage systems, designed and prepared by a professional engineer

registered in the State of Maine.

t. Cost of the proposed development and evidence of financial capacity

to complete it. This evidence should be in the form of a letter from a

bank or other source of financing indicating the name of the project,

amount of financing proposed, and interest in financing the project.

u. If located in the direct watershed of a great pond, a phosphorous

control plan prepared in accordance with Section 5.E.8.

v. A copy of the approved Driveway or Entrance permit issued by the

Maine Department of Transportation if a driveway or entrance will

enter onto Route 4, Route 117, Route 219, Center Bridge Road,

Upper Street or Weston Road.

7. Submission Waivers. Where the Planning Board makes written findings

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

5-10

of fact that there are special circumstances of a particular application, it

may waive portions of the submission requirements, unless otherwise

indicated in this Ordinance, provided that the applicant has demonstrated

that the standards of this Ordinance have been or will be met, the public

health, safety and welfare are protected, and provided the waivers do not

have the effect of nullifying the intent and purpose of the Comprehensive

Plan and this Ordinance.

E. General Review Standards

The following criteria and standards shall be utilized by the Planning Board in

reviewing applications for Site Plan Review approval. The standards are not

intended to discourage creativity, invention and innovation. The Board shall

approve the Development Plan unless the Board finds that the applicant has not

satisfied one or more of the following criteria provided that the criteria were not

first waived by the Planning Board in accordance with Subsection G.

1. Preservation of Landscape. The landscape will be preserved in its

natural state, insofar as practical, by minimizing tree and soil removal,

retaining existing vegetation where desirable, and keeping any grade

changes in character with the general appearance of neighboring areas. If

the site contains a scenic site and/or view as identified in the Town of

Turner Comprehensive Plan, special attempts should be made to preserve

the natural environment of the skyline and view.

Environmentally sensitive areas which include wetlands, significant wildlife

habitat areas of two or more contiguous acres with sustained slopes greater

than 20 percent, unique natural features and archaeological sites as

identified in the Town of Turner Comprehensive Plan shall be conserved to

the maximum extent.

The Board shall assess the proposed activities impact upon scenic areas

and views as identified in the Town of Turner Comprehensive Plan. Where

the Board finds that the proposed activity would have an undue adverse

effect on identified scenic views, the Board shall require the applicant to

minimize such effects.

2. Relation of Proposed Buildings to Environment. Proposed structures

should be related harmoniously to the terrain and to existing buildings in the

vicinity that have a visual relationship to the proposed structures so as to

have a minimally adverse affect on the environmental and aesthetic

qualities of the developed and neighboring areas. The Planning Board

shall consider the following criteria.

a. Architectural style is not restricted. Evaluation of the appearance of a

project should be based on the quality of its design and relationship to

surroundings.

b. Buildings should have good scale and be in harmonious conformance

with permanent neighboring development.

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

5-11

c. Materials should have good architectural character and shall be

selected for harmony of the building with adjoining buildings.

d. Materials should be selected for suitability to the type of buildings and

the design in which they are used. Buildings shall have the same

materials, or those that are architecturally harmonious, used for all

building walls and other exterior building components wholly or partly

visible from public ways.

e. Materials should be of durable quality.

f. Building components, such as windows, doors and eaves, should

have good proportions and relationships to one another.

g. Colors should be harmonious and shall use compatible accents.

h. Mechanical equipment or other utility hardware on roof, ground or

buildings shall be screened from public view with materials

harmonious with the building, or they shall be located so visibility from

any public way is minimized.

i. Exterior lighting shall be part of the architectural concept. Fixtures,

standards and all exposed accessories shall be harmonious with

building design.

j. Refuse and waste removal areas, service yards, storage yards, and

exterior work areas shall be screened from view from public ways,

using materials as stated in criteria for equipment screening.

k. Monotony of design in single or multiple building projects shall be

avoided. Variation of detail, form and siting shall be used to provide

visual interest. In multiple building projects, viable siting or individual

buildings may be used to prevent a monotonous appearance.

3. Vehicular Access: The proposed development shall provide safe vehicular

access to and from public and private streets. When conflicts exist

between this section and a Driveway Permit or Entrance Permit onto Route

4, Route 117, Route 219, Center Bridge Road, Upper Street or Weston

Road, issued by the Maine Department of Transportation, the most

stringent or restrictive shall apply. The applicant for a development to be

located on a parcel of land of ten (10) acres or greater or five hundred (500)

feet or more of frontage on a public street shall file a conceptual Access

Master Plan with the Planning Board. The conceptual Access Master Plan

shall address the overall use of the parcel, the overall vehicular circulation

system within the parcel, and the coordination of access into and out of the

site. The conceptual Access Master Plan shall demonstrate how the

requirements for access as contained in this section will be met.

After the conceptual master plan has been filed with the Planning Board,

any application for approval shall be consistent with the plan unless a

revised plan is filed.

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

5-12

a. Vehicular access to the site shall be on roads which have adequate

capacity to accommodate the additional traffic generated by the

development. Inter-sections on major access routes to the site within

one half (1/2) mile of any entrance road which are functioning at a

Level of Service of C or better prior to the development must function

at a minimum at Level of Service C after development. If any

intersection is functioning at a Level of Service D or lower prior to the

development, the project must not reduce the current level of service.

The geometrics of intersections that will serve the proposed

development shall be of such design to provide for safe turning

movements.

The Planning Board may approve a development not meeting these

requirements if the applicant demonstrates improvements will be

consistent with the Maine Department of Transportation Highway

Design Guide, January 1994 Revision, and as may be revised and

that:

1) A public agency has committed funds to construct the

improvements necessary to bring the level of access to this

standard, or

2) The applicant shall assume financial responsibility for the

improvements necessary to bring the level of service to this

standard and will guarantee the completion of the improvements

within one (1) year of approval of the project.

b. Any exit driveway or driveway lane shall be so designed in profile and

grading and so located as to provide the following minimum sight

distance measured in each direction. The measurements shall be

from the drivers seat of a vehicle standing on that portion of the exit

driveway from distances between 10 and 15 feet behind the curbline

or edge of shoulder, with the height of the eye 3.5 feet to the top of an

object 4.25 feet above the pavement.

Posted Speed Limit Sight Distance Sight Distance

(Standard Vehicle) (Larger Vehicle)

25 mph 200' 300'

30 mph 250' 375'

35 mph 305' 455'

40 mph 360' 540'

45 mph 425' 635'

50 mph 495' 740'

55 mph 570' 855'

If more than 30% of the traffic projected to use the entrance will be

larger vehicles the sight distances shown in the right hand column

apply. Height of the eye should be six (6) feet with height of object no

more than 4.25 feet above the pavement.

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

5-13

c. Where more than one business or structure is located on a single

parcel, all vehicular access to and from a public or private road shall

be via a common access or entrance way(s) serving all business and

structures except as provided for herein.

d. The grade of any exit driveway or proposed street for a distance of

fifty (50) feet from its intersection with any existing street shall be a

maximum of three (3) percent.

e. The intersection of any access drive or proposed street must function

at a Level of Service of C following development if the project will

generate 400 or more vehicle trips per 24-hour period or a level which

will allow safe access into and out of the project if less than 400 trips

are generated.

f. Projects generating 400 or more vehicle trips per 24-hour period must

provide two or more separate points of vehicular access into and out

of the site.

g. Where a proposed development is to be located at the intersection of

Route 4, 117 or 219 and a minor or collector road, entrance(s) to and

exit(s) from the site shall be located only on the minor or collector road

provided that this requirement maybe waived where the applicant

demonstrates that existing site conditions preclude the location of a

driveway on the minor or collector road, or that the location of the

driveway on the minor or collector road would interfere with a

predominately residential neighborhood.

h. Curb cuts or access points shall be limited to one per lot for all lots

with less than 200 linear feet or less of road frontage. For lots with

greater than 200 feet of frontage, a maximum of one curb cut per 200

feet of frontage shall be permitted to a maximum of three, provided the

Planning Board makes a finding that (a) the driveway design relative

to the site characteristics and site design provides safe entrance and

exit to the site and (b) no other practical alternative exists.

i. The maximum number of curbcuts to a particular site shall be

governed by the following:

1) No low volume traffic generator shall have more than one twoway

access onto a single roadway.

2) No medium or high volume traffic generator shall have more than

two two-way accesses or three accesses in total onto a single

roadway.

j. Curb cut widths and design shall conform to the following standards:

1) Low volume driveways: Defined as driveways with less than 50

vehicle trips/day based on the latest edition of the Institute of

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

5-14

Traffic Engineers' Trip Generation Report, as the same may be

amended from time to time shall:

a) have two-way operation;

b) intersect the road at an angle as close to 90 degrees as site

conditions permit, but at no less than 60 degrees;

c) not require a median;

d) slope from the gutter line on a straight slope of 3 percent or

less for at least 50 feet, with a slope no greater than 8

percent except where unique site conditions permit a

waiving of the slope standard to 10 percent; and

e) comply with the following geometric standards:

NOTE: The Planning Board may vary these standards due to

unique factors such as a significant level of truck traffic.

Item

Desired

Value (ft)

Minimum

Value (ft.)

Maximum

Value (ft.)

15-25*

20-30*

24-30*

*Upper values where major street speed and/or volume is high.

2) Median volume driveways with more than 50 vehicle trips/day but

fewer than 200 peak hour vehicle trips, based on the latest

edition of the Institute of Traffic Engineers' Trip Generation

Report, as the same may be amended from time to time, and

generally including all land uses not in the low or high volume

groups, shall:

a) have either two-way or one-way operation;

b) intersect the road at an angle as close to 90 degrees as site

conditions permit, but at no less than 60 degrees;

c) not require a median;

d) slope upward from the gutter line on a straight slope of 3

percent or less for at least 50 feet and a slope of no more

than 6 percent thereafter, with the preferred grade being a 4

1/2 percent, depending on the site; and

e) comply with the following geometric standards:

NOTE: The Planning Board may vary these standards due to

unique factors such as a significant level of truck traffic.

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

5-15

Item

Desired

Value (ft.)

Minimum

Value (ft.)

Maximum

Value (ft.)

ONE WAY

R1 (radius)

R2 (radius)

W (drive width)

TWO WAY

26-36*

30-40*

*Where separate left and right exit lanes are desirable.

3) High volume driveways defined as driveways with more than 200

peak hour vehicle trips shall:

a) have two-way operations separated by a raised median of 6

to 10 feet in width and a 50 to 100 feet length depending

upon necessary storage length for queued vehicles;

b) intersect with the road at an angle as close to go degrees

as possible, but at no less than 60 degrees;

c) be striped for 2 to 4 lanes with each lane 12 feet wide;

d) slope upward from the gutter line on a straight slope of 3

percent or less for at least 75 feet and a slope of no more

than 5 percent thereafter;

e) have a "STOP" sign control and appropriate "Keep Right"

and "Yield" sign controls for channelization; signalization

may be required. Level of service and traffic signal

warrants should be conducted for all high volume

driveways; and comply with the following geometric

standards:

NOTE: The Planning Board may vary these standards due to

unique factors such as a significant level of truck

traffic.

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

5-16

Item

Desired

Value (ft.)

Minimum

Value (ft.)

Maximum

Value (ft.)

W/O

CHANNELIZATION

W/CHANNELIZATION

100

*For industrial developments with a high percentage of truck traffic maximum values

are required.

k. Driveway Spacing: Distance from edge of driveway comer (point of

tangency) to edge of intersection comer (point of tangency) by type of

driveway should be as follows:

Minimum Corner Clearance

(feet)

Driveway

Intersection

Signalization

Intersection

Unsignalization

Low Volume <50-100 trips/day

150

Medium Volume >50-100

trips/day

<200 trips/hour

150

High Volume >200 trips/hour

500

250

l. Minimum distances between driveways serving the same parcel,

measured from point of tangency to point of tangency by type of

driveway, should be as follows:

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

5-17

Minimum Spacing to Adjacent

Driveway by Driveway Type

Driveway Type

Medium

(feet)

High w/o RT

(feet)

High w/RT

(feet)

Medium Volume

High Volume W/O RT

(without right-turn

channelization)

150

High Volume W/RT (with

right-turn channelization)

250

500

m. The minimum distance between driveway to property line, as

measured from point of tangency, should be:

Driveway Type

Minimum Spacing to

Property Line (ft.)

Low Volume

Medium Volume

High Volume (without right-turn

channelization)

High Volume (with right-turn

channelization)

For lots with shared access, the driveway may be located along the

property line. The minimum spacing to property line may be varied if

(1) the safest point of access to the site is closer to the property line

and (2) there are at least 20 feet of separation between low volume

driveways serving adjacent parcels, 40 feet of separation between

medium volume driveways, and 150 feet of separation between high

volume driveways.

n. When the proposed development is to be located on the opposite side

of an existing development, the driveway shall be directly opposite of

the existing driveway or separated from the opposite driveway by a

minimum of seventy-five (75) feet whenever possible.

o. When a conversion or expansion of an existing use occurs, access

shall be upgraded to comply with these standards. This requirement

may be waived upon a written finding that (a) the need to demolish or

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

5-18

relocate an existing building on the site or (b) denial of full access to

Route 4, 117 or 219 where full access presently exists and cannot be

provided by Route 4, 117 or 21 9 or adjacent side street.

4. Pedestrian and Trail Access

The proposed development shall provide safe pedestrian access within the

project parcel and interconnection with existing facilities on abutting

properties including connection and/or preservation of existing snowmobile

trails with easements to maintain a multi-use trail system within the Town of

Turner. To preserve these opportunities, the Planning Board may require

the applicants to record easements or require conditions of approval which

define future access rights between properties to accomplish the goals of

the Zoning Ordinance.

5. Off-Street Parking

a. A use shall not be extended and no structure shall be constructed or

enlarged unless sufficient off-street automobile parking space is

provided. The location of parking to the side or rear of buildings is

encouraged.

b. Parking areas with more than two parking spaces on all nonresidential

uses shall be arranged so that it is not necessary for vehicles to back

into the street.

c. Where the development will abut an existing or potential parking area

provisions shall be made for internal vehicular connections.

d. Required off-street parking for all land uses shall be located on the

same lot as the principal building or facility. In the Village District, the

Planning Board may allow the required or provided off-street parking

to be located within 300 feet measured along lines of public access.

Such off-lot parking areas shall be held in fee simple by the owner of

the use served or in such other tenure as assures continued

availability for parking as long as the particular land will be needed for

such use provided that if tenure is other than ownership in fee simple,

the form of tenure shall be approved by the Selectmen before the

request is considered by the Board. Evidence of fee simple ownership

or approved tenure shall be required.

e. The joint use of a parking facility by two or more principal buildings or

uses may be approved by the Planning Board where it is clearly

demonstrated that said parking facilities would substantially meet the

intent of the requirements by reason of variation in the probable time

of maximum use by patrons or employees of such establishments.

f. Access to parking stalls should not be from major interior travel lanes,

and shall not be immediately accessible from any public way.

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

5-19

g. Parking areas shall be designed to permit each motor vehicle to

proceed to and from the parking space provided for it without requiring

the moving of any other motor vehicles.

h. Parking aisles should be oriented perpendicular to stores or

businesses for easy pedestrian access and visibility.

i. In paved parking areas, painted stripes shall be used to delineate

parking stalls. Stripes should be a minimum of 4 inches in width.

Where double lines are used, they should be separated a minimum of

1' 0" on center.

j. In aisles utilizing diagonal parking, arrows should be painted on the

pavement to indicate proper traffic flow.

k. Bumpers or wheel stops shall be provided where overhang of parked

cars might restrict traffic flow on adjacent through roads, restrict

pedestrian movement on adjacent walkways, or damage landscape

materials.

l. Off-street parking spaces shall comply with the following standards:

1) Except as provided below, each parking space shall contain a

rectangular area at least eighteen (18) feet long and nine (9) feet

wide. Lines demarcating parking spaces may be drawn at

various angles in relation to curbs or aisles, so long as the

parking spaces so created contain within them the rectangular

area required by this section.

2) Up to twenty (20) percent of required parking spaces may

contain a rectangular area of only eight (8) feet in width by fifteen

(15) feet in length. If such spaces are provided, they shall be

conspicuously designated as reserved for small or compact cars

only.

m. Off-street parking spaces shall be provided to conform with the

number required in the following schedule.

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

5-20

Activity

Minimum Required Parking

Residential

with 2 or more bedrooms

with 1 bedroom

2 spaces per dwelling unit

1 ½ spaces per dwelling unit

Elderly Housing

1 ½ space per dwelling unit

Tourist home, boarding, lodging house,

motel, hotel, inn, bed & breakfast

1 space per room/unit rental and for each employee on the

largest shift

Church

1 space per three seats based upon maximum seating capacity

Schools

Primary

Secondary

Post-Secondary

1.5 spaces per classroom

8 spaces per classroom

1 space for each student and 1 space for

each faculty and staff member

Child care facility

1 space for every 4 children facility is licensed to care for

Private clubs or lodges

1 space per every 75 sq.ft. of floor space

Theater, auditoria, public assembly

1 space per three seats based upon maximum seating capacity

Funeral homes

1 space for every 100 sq.ft. of floor space

Medical care facilities

1 space for every 3 beds and every 2 employees on the

maximum working shift

Offices, banks

1 space for every 150 sq.ft. of floor space

Medical offices

1 space per employee and 5 spaces per physician

Veterinarian clinic

5 spaces/veterinarian

Retail and service businesses

1 space for every 250 sq.ft. of floor space

Barber/beauty shop

3 spaces/chair

Restaurant

1 space per 3 seats based upon maximum seating capacity

Industrial businesses

1 space/employee on maximum working shift

Warehouse, wholesale

1 space/500 sq.ft. of floor area

Flea market

3 spaces/table

Mixed use

total of individual uses

Automobile repair garages and gasoline

filling stations

5 spaces for each bay or area used for repair work

Library, museum, art gallery

1 space for 150 sq.ft. of floor space

Commercial recreation facility

1 space for each 100 sq.ft. of floor area

Motor vehicle sales

1 space reserved for customers per 30 vehicles displayed on the

lot

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

5-21

NOTES:

1. Where the calculation of the aforementioned parking spaces results in a fractional part of a

complete parking space, the parking spaces required shall be construed to be the next highest

number.

2. The above are minimum standards, and additional parking spaces shall be required by the

Planning Board if necessary to provide off street parking.

3. Where floor space is to be used in calculating the number of required parking stalls, gross floor

area shall be used unless otherwise noted.

6. Surface Water. The proposed activity will not result in undue surface water

pollution. In making this determination, the Board shall at least consider the

elevation of land above sea level and its relation to the floodplains, the

nature of soils and subsoils and, if necessary, their ability to adequately

support waste disposal and/or any other approved licensed discharge; the

slope of the land and its effect on effluent.

7. Conservation, Erosion and Sediment Control. Erosion soil and

sedimentation of water-courses and water bodies shall be minimized. The

following measures shall be included, where applicable, as part of any Site

Plan Review and approval.

a. Stripping of vegetation, regrading or other development shall be done

in such a way as to minimize erosion.

b. Development shall keep cut-fill operations to a minimum and ensure

conformity with topography so as to create the least erosion potential

and so as to adequately handle surface water runoff.

c. The disturbed area and the duration of exposure of the disturbed area

shall be kept to a practical minimum.

d. Disturbed soils shall be stabilized as quickly as practical.

e. Temporary vegetation or mulching shall be used to protect exposed

critical areas during development.

f. The permanent (final) vegetation and mechanical erosion control

measure shall be installed as soon as practical on the site.

g. Until the disturbed area is stabilized, sediment in the runoff water shall

be trapped by the use of debris basins, sediment basins, silt traps or

other acceptable methods.

h. Whenever sedimentation is caused by stripping vegetation, regrading

or other development, it shall be the responsibility of the developer

causing such sedimentation to remove it from all adjoining surfaces,

drainage systems and watercourses and to repair any damage at his

or her expense as quickly as possible.

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

5-22

i. Maintenance of drainage facilities or watercourses originating and

completely on private property is the responsibility of the owner to the

point of open discharge at the property line or at a communal

watercourse within the property.

j. The standards set forth in the Maine Erosion and Sediment Control

Handbook for Construction, Best Management Practices (March 1991

and as amended) shall be employed.

8. Phosphorous Export. Projects proposed within the direct watershed of a

lake or pond listed below shall be designed to limit phosphorus runoff to the

levels defined below. The Board shall keep an accurate record of permits

issued by watershed using an appropriate record keeping system, and shall

review actual development rates and recommend adjustments to the table

at five year intervals, subject to a reasonable appropriation by the Town to

conduct such a reassessment, or the availability of adequate State or

regional grant programs or technical assistance programs. Adjustments

shall be made by amendment of this ordinance and the town's

comprehensive plan.

Lake

Protection

Level

Phosphorus

Loads

Allowable

Phosphorus

Export Per Acre

(pounds)

Bear Pond High 2.31 0.035

Blacksnake Pond High 0.13 0.024

Crystal Pond High 3.04 0.035

Lake Auburn High 3.74 0.0.82

Lard Pond High 0.85 0.034

Lily Pond High 2.16 0.0.39

Little Wilson Pond High 7.27 0.031

Mud Pond(1) High 8.11 0.025

Mud Pond(2) High 0.39 0.037

Mud Pond(3) High 0.39 0.042

Pleasant Pond High 8.48 0.045

Round Pond High 0.35 0.038

Sandy Bottom Pond High 0.74 0.037

The Basin High 0.13 0.020

(1) North of Little Wilson Pond

(2) Mud Pond in Buckfield

(3) North of Sandy Bottom Pond

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

5-23

a. Phosphorus export from a proposed development shall be calculated

according to the procedures defined in "Phosphorus Control in Lake

Watersheds: A Technical Guide for Evaluating New Development"

(Maine DEP et.al., September 1989 with revision in 1992 and as may

be amended). Upon request, copies of all worksheets and

calculations shall be made available to the Planning Board.

b. Phosphorus control measures shall meet the design criteria contained

in "Phosphorus Control in Lake Watersheds: A Technical Guide for

Reviewing Development" (Maine DEP et al., September 1989 with

revisions in 1992 or as may be amended). The Planning Board shall

require the reasonable use of vegetative buffers, limits on clearing,

and minimizing road lengths, and shall encourage the use of other

nonstructural measures prior to allowing the use of high-maintenance

structural measures such as infiltration systems and wet ponds.

9. Site Conditions

a. During construction, the site shall be maintained and left each day in a

safe and sanitary manner. Site area shall be regularly sprayed with

an environmentally safe product to control dust from construction

activity.

b. Developed areas shall be cleared of all stumps, litter, rubbish, brush,

weeds, dead and dying trees, roots and debris, and excess or scrap

building materials shall be removed or destroyed immediately upon

the request and to the satisfaction of the Code Enforcement Officer

prior to issuing an occupancy permit.

c. Changes in elevation. No significant change shall be made in the

elevation or contour of any lot or site by the removal of earth to

another lot or site other than as shown on an approved Site Review

Plan. Any non-permitted removal of greater than 1,000 cu.yds. in a

12-month period must be approved by the Code Enforcement Officer

or Planning Board according to Section 3.G.

10. Signs: All signs shall comply with standards set forth within this

Ordinance.

11. Special Features. Exposed storage areas, exposed machinery

installations, service areas, truck loading areas, utility buildings and

structures, and similar accessory areas and structures, shall be subject to

such setbacks, plantings or other screening methods as shall reasonably

be required to prevent their being incompatible with the existing or

contemplated environment and the surrounding properties.

12. Exterior Lighting. All exterior lighting shall be designed to encourage

energy efficiency, to ensure safe movement of people and vehicles, and to

minimize adverse impact on neighboring properties and public ways.

Adverse impact is to be judged in terms of hazards to people and vehicle

traffic and potential damage to the value of adjacent properties. Lighting

shall be arranged to minimize glare and reflection on adjacent properties

and the traveling public.

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

5-24

13. Emergency Vehicle Access. Provisions shall be made for providing and

maintaining convenient and safe emergency vehicle access to all buildings

and structures.

14. Municipal Services. The development will not have an unreasonable

adverse impact on the municipal services including municipal roads

systems, fire protection, police department, emergency medical unit, solid

waste disposal, schools, open spaces, recreational programs and facilities

and other municipal services and facilities. The Planning Board shall

consider the input from the Town's Department Heads and Superintendent

of Schools in making a determination of an unreasonable adverse impact.

If the Board makes a finding of unreasonable adverse impacts, the

Planning Board, as a condition of approval, may require the applicant to

make or pay for required upgraded municipal services necessitated by the

development.

15. Water Supply. The development has sufficient water available for the

intended use. When the location of the water supply source will be a public

water supply as defined in Title 22 M. M.R.S.A. Section 2601, its location

shall not restrict the location of a subsurface sewage disposal system on

adjacent parcels. If subsurface sewage disposal will be restricted, the

applicant shall obtain an easement.

16. Ground Water. The proposed development shall not result in undue affect

of the quality or quantity of ground water. In making this determination, the

Board shall consider the location of aquifers and aquifer recharge areas,

the nature of the proposed development and its potential threat to ground

water resources. The Board may place conditions upon an application to

minimize potential impacts to the Town's ground water resources.

a. The development will not result in the existing ground water quality

becoming inferior to the physical, biological, chemical, and radiological

levels for raw and untreated drinking water supply sources specified in

the Maine State Drinking Water Regulations, pursuant to 22 M.R.S.A.,

Section 601. If the existing ground water quality is inferior to the State

Drinking Water Regulations, the development will not degrade the

water quality any further.

b. For above ground tanks used for storage of fuels, hazardous

substances, chemicals, industrial wastes and flammable or

combustible liquids or other potentially harmful raw materials, an

impermeable diked area shall be provided; the diked area must be

sized to contain 110 percent of the volume of the largest tank; roofed

to prevent accumulation of rainwater in the diked area and shall be

property vented. There shall be no drains in the facility. All concrete,

whether walls or pads, shall be reinforced concrete and shall be

when required by the Planning Board.

c. All above or below ground storage tank(s) used for the storage of

fuels, hazardous substances, chemicals, industrial wastes and

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

5-25

flammable or combustible liquids shall be designed and installed in

accordance with all applicable rules or standards set by the State of

Maine, Maine State Fire Marshal’s Office or the Maine Department of

Environmental Protection.

17. Air Emissions. No emission of dust, ash, smoke or other particulate

matter or gases and chemicals shall be allowed which can cause damage

to human or animal health, vegetation or property by reason of

concentration or toxicity, which can cause soiling beyond the property

boundaries, or which fail to meet or cannot meet the standards set by the

Maine Department of Environmental Protection.

18. Odor Control. The proposed development shall not produce offensive or

harmful odors perceptible beyond their lot lines either at ground or habitable

elevation. For the purpose of this subsection, when land of the applicant is

divided by a public way, the lot line shall not be considered to be the edge

of the right-of-way.

19. Noise. The proposed development shall not raise noise levels to the extent

that abutting or nearby residents are adversely affected.

a. The maximum permissible sound pressure level of any continuous,

regular or frequent or intermittent source of sound produced by any

activity shall be limited by the time period and land use which it abuts

listed below. Sound levels shall be measured at least 4 feet above

ground at the property boundary of the source.

Sound Pressure Level Limits Using the Sound Equivalent

Level of One Minute (Ieq 1) (measured in dB(a) scale)

7 a.m.10 p.m. 10 p.m.-7 a.m.

Residential 55 45

Commercial 65 55

Industrial 70 60

b. Noise shall be measured by a meter set on the A-weighted response

scale, fast response. The meter shall meet the American National

Standards Institute (ANSI 81 4-1961) "American Standard

Specification for General Purpose Sound Level Meters."

c. The following uses and activities shall be exempt from the sound

pressure level regulations:

1. Noises created by construction and temporary maintenance

activities between 6:30 a.m. and 8:00 p.m.

2. The noises of safety signals, warning devices and emergency

reassure relief valves and any other emergency activity.

3. Traffic noise on public roads.

Town of Tuner, Maine

Zoning Ordinance

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5-26

20. Sewage Disposal. The development shall provide for a suitable sewage

disposal.

a. All individual on-site systems will be designed by a licensed soil

evaluate in full compliance with the Maine Subsurface Wastewater

Disposal Rules.

b. The Planning Board may require an analysis and evaluation including

nitrate-nitrogen concentrations of the impacts of the subsurface

sewage disposal system on ground water. The Planning Board shall

base its determination for the need for an analysis and evaluation on

density, designed flows and nature of wastewater.

21. Waste Disposal. The proposed development will provide for adequate

disposal of solid wastes and hazardous wastes.

a. All solid waste will be disposed of at a licensed disposal facility having

adequate capacity to accept the project's wastes.

b. All hazardous waste will be disposed of at a licensed hazardous waste

disposal facility and evidence of a contractual arrangement with the

facility shall be submitted.

22. Buffer Areas. No industrial or commercial buildings or uses shall be

established in, or adjacent to, a residential use, or an existing agricultural

use unless a landscaped buffer strip is provided to create a visual screen

between the uses. Where no natural vegetation can be maintained or due

to varying site conditions, the landscaping screen may consist of fences,

walls, tree plantings, hedges or combinations thereof. The buffering shall

be sufficient to minimize the impacts of any kind of potential use such as:

loading and unloading operations, outdoor storage areas, vehicle parking,

mineral extraction, waste collection and disposal areas. Where a potential

safety hazard to small children would exist, physical screening or barriers

shall be used to deter entry to such premises. The buffer areas shall be

maintained and vegetation replaced to insure continuous year-round

screening.

23. The applicant has adequate financial and technical capacity to meet these

standards.

24. The proposed activity is in conformance with the comprehensive plan.

25. Prior to issuance of a Building Permit by the Code Enforcement Officer of

any project which has received Site Plan Review approval, the applicant

shall provide proof to the Code Enforcement Officer that all necessary

permits required by the Natural Resource Protection Act, Site Location of

Development Act and Section 404 of the Federal Water Pollution Control

Act have been obtained. Such proof of permits shall be placed in the

Planning Board application record.

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

5-27

F. Specific Standards

1. Sand and Gravel Pits

a. Any gravel pit which requires a permit from the Maine Department of

Environmental Protection under the Site Location of Development Act

shall obtain written approval from the Department of Environmental

Protection and approval by the Planning Board under the Site Plan

Review procedures of this Ordinance. In addition to the submissions

requirements contained in Section 5.D., the application and

development plan shall include items 1-15 in Section 5.F. I.e. below.

b. Any gravel pit or mineral extraction activity which will remove more

than 5,000 cubic yards of product in 12 successive months or which

does not require a permit from the Maine Department of

Environmental Protection under the Site Location of Development Act

shall require a permit from the Planning Board. In addition to the

submissions requirements contained in Section 5.D., the application

and development plan shall include items 1-12 in Section 51.1.c.

below.

c. Submission Requirements

1. The existing and proposed limits of excavation clearly delineated.

2. Location, function and ground area of all structures, facilities,

parking lots, roads, and mud runoff areas.

3. Entrance and exit layout.

4. Gates or other means for controlling access.

5. Pre- and post-development topography using an interval of ten

foot contours for pits of less than five (5) acres and no greater

than 10 foot contours for pits of five (5) acres or more if deemed

necessary by the Planning Board.

6. Location of topsoil stockpile areas.

7. Areas where natural vegetation will be left and where plantings

will be made to screen the operation from view.

8. Slopes and vegetation for protecting adjacent structures.

9. Location of any test pits or borings and observation wells

documenting the seasonal high water table.

10. Proposed disposal method of stumps and grubbings.

11. Plans and schedule for reclamation.

12. A spill preventing countermeasure plan to control spills of

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

5-28

petroleum products and other hazardous materials.

13. The phases of excavation and reclamation.

14. Surface drainage and watersheds on parcel, pre- and postexcavation.

15. For pits of five (5) acres or more, at least one cross section along

the long axis of the pit and another cross section at a right angle

to it. The cross section diagrams should show the existing

grade, the proposed final grade including maximum depth of

elevation, depth to ground water and the stratigraphy of the

surficial deposits at the site.

c. Review Criteria and Standards

1. A buffer strip of not less than 50 feet shall be maintained

between the location of any extraction of materials and all

property lines. This buffer strip may be reduced to 25 feet with

written consent from abutting property owners. The Planning

Board may reduce the front setback to twenty five feet from the

right-of-way of a public road, if in the opinion of the Planning

Board, suitable buffers and fencing are provided.

2. Buffers may be eliminated between abutting properties

containing pits provided the Planning Board is shown proof of

written permission of the abutting pit owners.

3. All petroleum products shall be kept out of the pit and no

refueling or oil changes shall be conducted in the pit unless such

activities comply with applicable standards promulgated by the

Maine Department of Environmental Protection and a spill

prevention and countermeasure plan is provided.

4. There shall be no storage or dumping on the pit of any

substances that could produce harmful leachate unless such

substances are placed under cover and on impermeable, spillproof

base. Such potentially deleterious substances include, but

are not limited to salt, rubbish, creosoted timber and petroleum

products.

5. No oiling of access and haul roads is permitted.

6. No gravel shall be excavated below a position that is 2 feet

above the seasonally high water table without approval of the

Maine Department of Environmental Protection and the Planning

Board.

7. No ditches, trenches, pumping or other methods shall be used to

lower the water table to permit more gravel extraction than could

occur under natural conditions unless a plan for such activities

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

5-29

has been approved by the Maine Department of Environmental

Protection and the Planning Board.

8. Access to the pit shall be strictly controlled.

9. All final reclaimed slopes shall not exceed a horizontal to vertical

ratio of 2:1.

10. Reclamation of the pit shall not be made with any substance that

could either have a harmful leachate or create an impermeable

base.

11. Stumps and grubbings shall be disposed of in a manner

approved by the Planning Board and in conformance with all

applicable State of Maine regulations.

12. Suitable traffic control measures shall be made available by the

operator at all access points to public streets. Truck routes shall

be restricted to collector and arterial streets. When direct access

is not possible to a collector or arterial street, the Planning Board

shall designate a suitable route to such a street.

13. Upon cessation of the extraction of materials or upon the

expiration of the Planning Board approval, the site shall be

rehabilitated in accordance with a plan approved by the Board.

14. Unless authorized pursuant to the Natural Resources Protection

Act, Title 38, M.R.S.A, Section 480-C, no part of any extraction

operation including drainage and runoff control features shall be

permitted within one hundred (100) feet of the normal high-water

line of a great pond classified GPA, and within seventy-five (75)

feet of the normal highwater line of any other water body,

tributary stream, or the upland edge of a wetland as defined.

2. Ground Water Protection

a. In addition to the standards contained in Section 5. E. 16., the

following standards shall be utilized by the Planning Board for

reviewing development applications located on a mapped sand and

gravel aquifer.

b. The boundaries of sand and gravel aquifers shall be as delineated on

the Sand and Gravel Aquifer Map prepared by the Maine Geological

Survey labeled Map 16 and identified as Open-File Report No. 85-

82d, Plate 3 of 5.

c. When the boundaries of the sand and gravel aquifer are disputed due

to lack of sufficient detail on available maps, the applicant or agent

may submit hydro geologic evidence prepared by a geologist certified

in the State of Maine which identifies actual field locations of the

aquifer boundaries within the project area. The Planning Board may

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

5-30

require actual field identification if they believe the Maine Geological

Survey Maps are incorrect.

d. Hydrogeologic Study. Based on the size, location, surrounding uses

or other characteristics of the proposed use or site to determine

compliance with the requirements of this section and the water quality

criteria of the Site Plan Review, the Planning Board may require

submittal by the applicant of a hydro geologic impact study. The

impact study shall be prepared by a State of Maine Certified Geologist

with experience in hydro geology. The study shall contain the

following components unless waived by a specific vote of the Board.

1. A map showing: (1) soil types; (2) surficial geology on the

property; (3) the recommended sites for individual subsurface

waste water disposal systems and wells in the development; and

(4) direction of ground water flow. (The Planning Board expects

the detail of this study to vary with the intensity of the

development.)

2. The relationship of surface drainage conditions to ground water

conditions.

3. Documentation of existing ground water quality for the site.

4. A nitrate nitrogen analysis or other contaminant analysis as

applicable including calculation of levels of the property line(s)

and well(s) on the property.

5. A statement indicating the potential sources of contamination to

ground water from the proposed use and recommendations on

the best technologies to reduce the risks.

6. For water intensive uses, analysis of the effects of aquifer

drawdown on the quantity and quality of water available for other

water supplies or potential water supplies.

7. The Planning Board may require installation and regular

sampling of water quality monitoring wells for any use or

proposed use deemed to be a significant actual or potential

source of pollutants or excessive drawdown. The number,

location and depth of monitoring wells shall be determined as

part of the hydro geologic study, and wells shall be installed and

sampled in accordance with "Guidelines for Monitoring Well

Installation and Sampling" (Tolman, Maine Geologic Survey,

1983). Water quality sample results from monitoring wells shall

be submitted to the Code Enforcement Officer with evidence

showing that contaminant concentrations meet the performance

standard for pollution levels.

8. A list of assumptions made to produce the required information.

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

5-31

d. Conditions/Standards

In addition to the standards contained in Section 5.D. 16, the following

standards shall be met:

1. No use including home occupations shall dispose of other than

normal domestic waste water on-site without approval of the

permit granting authority. Disposal of waste water shall be in

strict compliance with the Maine Subsurface Wastewater

Disposal Rules and other relevant State and local laws, rules and

ordinances.

2. Indoor use or storage facilities where hazardous materials,

wastes or other liquids with the potential to threatened ground

water quality are used or stored shall be provided with

containment which is impervious to the material being stored and

have the capacity to contain 10 percent of total volume of the

containers, or 110 percent of the volume of the largest container,

whichever is larger.

3. Petroleum and Other Hazardous Material or Waste Transfer. A

Spill Control and Countermeasure Plan shall be submitted and

approved by the Planning Board.

4. In those areas identified as sand and gravel aquifers as defined

in Section 5.F.2.b. The following land uses are prohibited unless

the Planning Board finds that no discharges will occur such that

water quality at the property line will fall below State Drinking

Water Standards and all provisions of this ordinance are met.

dry cleaners

photo processors

printers

auto washes

Laundromats

meat packers/slaughter houses

salt piles/sand-salt piles

wood preservers

leather and leather products

electrical equipment manufacturers

plastic/fiberglass fabricating

chemical reclamation facilities

industrial waste disposal/impoundment areas

landfills/dumps/transfer stations

junk and salvage yards

graveyards

chemical manufacturing

pesticide/herbicide stores

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

5-32

metal platers

concrete/asphalt/tar/coal companies

G. Waivers

Where the Board makes written findings of fact that due to special

circumstances of a particular application, certain required improvements or

standards of this section are not necessary to provide for the public health,

safety or welfare, or are inappropriate because of inadequate or lacking

connecting facilities adjacent to or in proximity of the proposed development,

it may waive the requirement for such improvements, subject to appropriate

conditions, provided the waivers do not have the effect of nullifying the intent

and purpose of the comprehensive plan or this ordinance and further provided

the performance standards of this ordinance have been or will be met. In

granting waivers, the Planning Board shall require such conditions as will

assure the purpose of these regulations are met.

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

6-1

SECTION 6. Administration, Enforcement and Penalties

A. Administering Bodies and Agents

1. Code Enforcement Officer

a. Appointment. A Code Enforcement Officer shall be appointed or

reappointed annually by July 1st by the Municipal Officers.

b. Powers and Duties. The Code Enforcement Officer shall have the

following powers and duties:

1. Enforce the provisions of this Ordinance.

2. Act upon permit application that the Code Enforcement Officer is

authorized to approve, refer permits requiring Site Plan Review

approval to the Planning Board, and refer requests for variances

and administrative appeals to the Board of Appeals.

3. Enter any property at reasonable hours with the consent of the

property owner, occupant or agent, to inspect the property or

structure for compliance with the laws or ordinances set forth in

this section.

4. Investigate complaints and reported violations.

5. Keep written inspection reports and thorough records.

6. Issue violation notices.

7. Participate in appeals procedures.

8. Appear in court when necessary.

9. Confer with citizens in the administration and enforcement of this

Ordinance.

2. Planning Board. The municipal Planning Board shall be responsible for

reviewing and acting upon applications for Site Plan Review approval and

as may be required by other provisions of this Ordinance. Following site

plan review approval, applicants shall return to the Code Enforcement

Officer for a building permit.

3. Board of Appeals. A Board of Appeals shall be created in accordance

with the provisions of Title 30-A M.R.S.A. Section 2691.

B. Permits Required

1. After the effective date of this Ordinance, no person shall engage in any

activity or use of land requiring a permit in the district in which such activity

or use would occur without first obtaining a permit. Notwithstanding the

issuance of a permit or permits, no person shall engage in any activity or

use of land in violation of this or any other ordinance of the Town of Turner.

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

6-2

2. Applications for permits shall be submitted in writing. The Code

Enforcement Officer or Planning Board may require the submission of

information which is necessary to determine conformance with the

provisions of this Ordinance.

3. All building permits for permitted uses shall be obtained from the Code

Enforcement Officer.

4. No building permit shall be issued for any structure or use involving the

construction, installation or alteration of plumbing facilities unless a

plumbing permit for such facilities has first been secured by the applicant or

his authorized agent, according to the requirements of this Ordinance.

5. Permits shall not be denied if the proposed use is found to be in

conformance with the provisions of this Ordinance. All permits shall either

be approved or denied within 60 days of receipt of a completed application,

including all information required except as otherwise provided in this

Ordinance.

6. All permits and approvals issued by the Planning Board or Code

Enforcement Officer shall expire if a start to construction of the building or

structure, or commencement of the use is not begun within two (2) years

after the date on which the permit or approval was issued except as may be

provided for in other sections. Upon good cause shown, the person or

board issuing the original permit or approval may extend its effectiveness

for an additional six months. Any permits issued prior to July 1, 1992, will

have one year from the effective date of this Ordinance in which to

commence building or use. After the expiration of the time periods set forth

above, permits shall lapse and become void.

7. In addition to the standards contained elsewhere in the Ordinance, the

Planning Board shall consider the following in the Shoreland Area as

defined.

a. Will maintain safe and healthful conditions;

b. Will not result in water pollution, erosion, or sedimentation to surface

waters;

c. Will adequately provide for disposal of all wastewater,

d. Will not have an adverse impact on spawning grounds, fish, aquatic

life, bird, or other wildlife habitat;

e. Will conserve shore cover and visual, as well as actual, points of

access to inland waters;

f. Will protect archaeological and historic resources as designated in the

comprehensive plan;

g. Will avoid problems associated with flood plain development and use.

8. Inspections. The Planning Board or Code Enforcement Officer may

require the applicant to pay for professional oversight or inspections during

construction of site or building improvements proposed under this

ordinance. If required, at least five (5) days prior to commencing

construction, the applicant shall:

Town of Tuner, Maine

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Amended April 4, 2009

6-3

a. Notify the Code Enforcement Officer in writing of the time when (s)he

proposes to commence construction so that the municipal officers can

arrange for inspection to be made. The inspecting official shall assure

that all municipal specifications, requirements and conditions of

approval shall be met during the construction and shall assure the

satisfactory completions of improvements required by the Planning

Board or Code Enforcement Officer.

b. Deposit with the municipal officers a check for the amount of 2% of the

estimated costs of construction and improvements to pay for the costs

of inspection. If upon satisfactory completion of construction and

cleanup there are funds remaining, the surplus funds shall be

refunded to the applicant within 30 days. If the inspection account

shall be drawn down by 90%, the applicant shall deposit an additional

1% of the estimated costs of construction and improvements.

C. Fees

All applications for a permit, appeal, variance, Site Plan Review or petition for an

ordinance text or map amendment shall be accompanied by the following fee:

The Selectmen, upon recommendation of the Planning Board, shall have the

authority to revise the fee schedule after holding a public hearing.

1. Permits issued by Code Enforcement Officer: not requiring a building

permit: $25.00. No fee is required for a permit for Timber Harvesting in the

Resource Protection District.

2. Site Plan Review: An application for site plan approval shall be

accompanied by a fee of $50.00 plus $10.00 per 1,000 sq.ft. or portion

thereof of gross floor area. For mining operations and outdoor based uses

such as but not limited to parking, storage areas, cemeteries, golf course,

sludge spreading, (not associated with production agriculture), septic

disposal sites, recreation areas and campgrounds and for structures

without floor areas such as communication towers, there shall be a fee of

$150.00. This application fee shall be paid by check payable to the Town of

Turner, Maine. This fee shall not be refundable.

There shall be an additional payment of $150.00 per 2,000 sq.ft. or portion

thereof of gross floor area, parking and storage area. For mining

operations and outdoor based uses such as but not limited to cemeteries,

golf courses, sludge spreading, (not associated with production agriculture),

septage disposal sites, recreation areas and campgrounds and for

structures without floor areas such as communication towers, there shall be

an additional payment of $500.00. This portion of the application fee shall

be known as the Planning Board Review Escrow Account. The initial

payment into the Planning Board Review Escrow Account shall in no case

exceed $3,000.00. The monies shall be made by check payable to the

Town of Turner, Maine. These funds or portion thereof may, from time to

time, be used by the Town, at the request of the Planning Board, for

purposes to be determined by the Planning Board in order to make

payments for reasonable costs, expenses and services incurred by, or

Town of Tuner, Maine

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6-4

contracted for by the Town through the Planning Board at its discretion

which relates directly to the review of the Site Plan Review Application.

Such services may include, but need not be limited to, consulting

engineering fees, architectural fees, land use planner fees and attorney

fees. All such fees must relate to the review of the application pursuant to

the review criteria of the Town of Turner Ordinances and the laws of the

State of Maine. If the balance in the applicant's portion of the Planning

Board Review Escrow Account shall be drawn down by 75 percent, the

Planning Board shall require that an additional 50 percent of the original

Planning Board Review Escrow Account Fee be deposited. The Planning

Board shall continue to notify and require an additional 50 percent of the

original Planning Board Review Escrow Account Fee be deposited as

necessary whenever the balance of the account is drawn down by 75

percent of the original deposit. The Town, at the request of the Planning

Board shall refund all the remaining monies in the account upon payment of

all costs and services related to the Planning Board review. Such payment

of remaining monies shall be made no later than thirty (30) days after the

approval of the application, denial of application, or approval with condition

of the application. Such refund shall be accompanied by a final accounting

of expenditures from the fund. The monies in such fund shall not be used

by the Planning Board for any enforcement purposes.

3. Permits except Site Plan Review Issued by the Planning Board: $25.00

4. Administrative Appeal: $75.00

5. Variance Appeal: $75.00

6. Signs

a. Permanent Signs $25.00

plus $0.25 per square foot of area

b. Temporary Signs No fee

7. Zoning Ordinance Text and/or Map Amendments $100.00

8. Site Plan Review Amendment for projects approved but not constructed or

changes to the approved application where there will be no increase in

project size. $25.00

+ $200.00 for Planner review

9. Site Plan Review Amendment for projects approved but not constructed

where there will be an increase in the project size. All fees required above

for the areas to be increased in size.

10. A change in use that involves no enlargement of structures, addition of

parking area and/or outdoor storage when the new use is subject to Site

Plan Review.

$100.00

+$200.00 of Planner Review

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D. Procedure for Administering Non-Site Plan Review Permits

Within 30 days of the date of receiving a written application, the Planning Board

or Code Enforcement Officer, as indicated in Section 3. H., shall notify the

applicant in writing either that the application is a complete application, or, if the

application is incomplete, that specified additional material is needed to make the

application complete. The Planning Board or the Code Enforcement Officer, as

appropriate, shall approve or deny all permit applications in writing within 60

days of receiving a completed application. However, if the Planning Board has a

waiting list of applications such approval or denial shall occur within 60 days after

the first available date on the Planning Board's agenda following receipt of the

completed application, or within 30 days of the public hearing, if one is held.

Permits shall be approved if the proposed use or structure is found to be in

conformance with the purposes and provisions of this Ordinance. Permits may

be made subject to reasonable conditions to insure conformity with the purposes

and provisions of this Ordinance, and the permittee shall comply with such

conditions. If a permit is either denied or approved with conditions, the reasons

as well as conditions shall be stated in writing. No approval shall be granted for

an application involving a structure if the structure would be located in an

unapproved subdivision or would violate any other local ordinance or regulation

or any State law which the municipality is responsible for enforcing.

The burden of proof that a proposed land use activity is in conformity with the

purposes and provisions of this Ordinance shall lie with the applicant.

E. Enforcement

1. Enforcement Procedure

a. It shall be the duty of the Code Enforcement Officer to enforce the

provisions of this Ordinance. If the Code Enforcement Officer shall

find that any provision is being violated, he or she may notify in writing

the person responsible for such violation indicating the nature of the

violation and ordering the action necessary to correct it which may

without limitation include discontinuance of illegal use of land,

buildings or structures, or work being done, removal of illegal buildings

or structures, and abatement of nuisance conditions. A copy of such

notices shall be submitted to the municipal officers and be maintained

as a permanent record. The failure of the CEO to follow the notice

procedure set forth in this subsection shall not prevent the Municipal

Officers from taking legal action to enforce this ordinance and to

pursue all available legal remedies, including without limitation,

injunctive relief, fines and attorneys fees.

b. The Code Enforcement Officer shall keep a complete record of all

essential transactions of the office, including applications submitted,

permits granted or denied, variances granted or denied, revocation

actions, revocation of permits, appeals, court actions, violations

investigated, violations found, and fees collected. On a biennial basis,

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the Code Enforcement Officer shall submit a summary of such record

for the Shoreland area as defined to the Director of the Bureau of

Land Quality Control within the Department of Environmental

Protection.

2. Consent Agreements: The municipal officers, or their authorized agent,

are hereby authorized to enter into administrative consent agreements for

the purpose of eliminating violations of this Ordinance and collecting fines

without court action.

3. Legal Actions: When the above action does not result in the complete

correction or abatement of the violation or nuisance condition, the Municipal

Officers, upon notice from the Code Enforcement Officer, are hereby

directed to institute any and all actions and proceedings, either legal or

equitable, including seeking injunctions of violations and the imposition of

fines, that may be appropriate or necessary to enforce the provisions of this

Ordinance in the name of the municipality.

4. Fines: Any person, including but not limited to a landowner, a landowners

agent or a contractor, who orders or conducts any activity in violation of this

Ordinance shall be penalized in accordance with Title 30-A M.R.S.A.

Section 4452. Each day the violation exists shall be considered a separate

violation.

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SECTION 7. Appeals

A. Establishment

A Board of Appeals is hereby created in accordance with the provisions of Title

30-A, M.R.S.A. Section 2691. The Board of Appeals shall keep minutes of its

proceedings, recording the vote of each member on all matters coming before

the Board. The minutes of the Board, and all correspondence, shall be a public

record. Three members of the Board shall constitute a quorum for conducting a

meeting and taking action.

B. Powers and Duties

1. Administrative Appeals: To hear and decide appeals where it is alleged

that there is an error in any order, requirement, decision or determination

made by, or failure to act by, the Code Enforcement Officer or Planning

Board in the administration of this Ordinance provided the Board of Appeals

shall have no jurisdiction to review the merits of an approval or denial by

the Planning Board nor to consider the imposition of conditions of approval

or the failure to impose one or more conditions. When errors of

administrative procedures or interpretation are found, the case shall be

remanded back to the Code Enforcement Officer or Planning Board for

correction.

2. Variance Appeals: To authorize variances upon appeal within the

limitations set forth in this Ordinance.

a. Dimensional variances may be granted only from dimensional

requirements including but not limited to frontage (including shore

frontage), lot area, lot width, height, percent of lot coverage,

impervious surfaces and setback requirements.

b. Variances shall not be granted for establishment of any use.

c. The Board shall not grant a variance unless it finds that:

1) The proposed structure or use would meet the performance

standards of this Ordinance except for the specific provision

which has created the nonconformity and from which relief is

sought; and

2) The applicant has proved to the Board that strict application of

the terms of this Ordinance would result in undue hardship.

To prove "undue hardship" the applicant must prove all of the

following:

i) That the land in question cannot Yield a reasonable return

unless a variance is granted;

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ii) That the need for a variance is due to the unique

circumstances of the property and not to the general

conditions in the neighborhood;

iii) That the granting of a variance will not alter the essential

character of the locality; and

iv) That the hardship is not the result of action taken by the

applicant or a prior owner.

d. The Board of Appeals may grant a variance to an owner of a dwelling

for the purpose of making that dwelling accessible to a person with a

disability who is living in the dwelling or regularly uses the dwelling.

The Board shall restrict any variance granted under this subsection

solely to the installation of equipment or the construction of structures

necessary for access to or egress from the dwelling by the person with

the disability. The board may impose conditions on the variance

including without limitation the variance to the duration of the disability

or to the time that the person with the disability lives in the dwelling.

The term "structures necessary for access to or egress from the

property" shall include railing, wall or roof systems necessary for the

safety or effectiveness of the structure.

e. The Board of Appeals shall limit any variances granted as strictly as

possible in order to insure conformance with the purposes and

provisions of this Ordinance to the greatest extent possible, and in

doing so may impose such conditions to a variance as it deems

necessary. The party receiving the variance and all subsequent

owners or occupants shall comply with any conditions imposed.

3. Setback Reduction Appeals: To hear and decide upon appeal in specific

cases for a reduction from the standard setback requirements for residential

uses and their accessory structures. The Board may reduce setbacks as

authorized by Subsection 7.B.3.j.(1-6) of this section, provided that the

Board finds that the appeal meets the requirements stated below. If that

criteria is not met, a variance under Section 7.B.2. may be requested.

Upon granting a setback reduction which complies with the standards in

subsection j. below, the Board of Appeals may attach reasonable conditions

which it finds necessary to protect the privacy of abutting property owners

and neighbors. These conditions are limited to specifications for

landscaping, fencing, parking, construction materials and construction

design. The Board shall grant a setback reduction as provided herein if the

Board finds that the applicant has proved that the reduction, if granted, will

meet the following criteria:

a. The setback reduction will not encroach upon or further reduce a nonconforming

setback from the normal high water mark of the shoreland

area as defined;

b. The lot in question was created before the effective date of this

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ordinance as evidenced by a recorded deed or subdivision plan;

c. The lot is in single-family residential use or within a district where

single family use is permitted and is the primary year-round residence

of the applicant;

d. The setback reduction will not allow construction or renovation which

will create additional new dwelling units;

e. The setback reduction is due to the unique circumstances of the

property and not the general conditions in the neighborhood;

f. The setback reduction will not alter the essential character of the

locality;

g. The hardship is not the result of action taken by the applicant or a

prior owner;

h. The granting of the variance will not substantially reduce or impair the

use of abutting property; and

i. That the granting of a set back reduction is based upon demonstrated

need, not convenience, and no other feasible alternative is available.

j. Setback reductions shall be subject to the following:

1) The maximum encroachment areas for garage, decks, additions

and swimming pool structures in front, side or rear yards shall

be:

Front: 30 percent

Side: 30 percent

Rear: 30 percent

2) A detached garage shall be no more than one story in height, not

to exceed 20 feet in height, and shall contain no habitable living

space.

3) There shall be no more than one garage per lot which does not

meet setback requirements.

4) The addition shall not allow the creation of more than one (1)

kitchen in any dwelling.

5) Any addition which extends the footprint of the principal structure

must not exceed the height of the principal structure except

where the principal structure height is also increased as part of

the addition project to the same height as the addition.

6) Only one setback reduction shall be allowed per lot after the

effective date of this Ordinance. Whenever the Board grants a

setback reduction under this section, a certificate indicating the

name of the current property owner identifying the property by

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reference to the last recorded deed in the chain of title indicating

the fact that a setback reduction including any conditions on the

setback has been granted and the date of the granting shall be

prepared in a recordable form and shall be recorded by the

applicant in the Androscoggin County Registry of Deeds within

90 days of final approval or the setback reduction shall be void.

No rights may accrue to the setback reduction recipient or his/her

heirs, successors or assigns unless and until the recording is

made within 90 days.

C. Appeal Procedure

1. Time Limit: An administrative or variance appeal may be taken to the

Board of Appeals by an aggrieved party from any decision of the Code

Enforcement Officer or the Planning Board subject to the jurisdictional limits

set forth elsewhere in this ordinance. Such appeal shall be taken within 30

days of the date of the decision.

2. Written Notice: Such appeal shall be made by filing with the Chairman of

the Board of Appeals a written notice of appeal which includes:

a. A concise written statement indicating what relief is requested and

why it should be granted.

b. A sketch drawn to scale showing lot lines, location of existing buildings

and structures and other physical features of the lot pertinent to the

relief requested.

3. Record of Case: Upon being notified of an appeal, the Code Enforcement

Officer or Planning Board, as appropriate, shall transmit to the Board of

Appeals all of the papers constituting the record of the decision appealed

from.

4. Public Hearing: The Board of Appeals shall hold a public hearing on the

appeal within 35 days of its receipt of an appeal request.

5. Decision by Board of Appeals

a. Quorum: A majority of the Board shall constitute a quorum for the

purpose of deciding an appeal. A member who abstains shall not be

counted in determining whether a quorum exists.

b. Majority Vote: The concurring vote of a majority of the members of

the Board of Appeals present and voting shall be necessary to reverse

an order, requirement, decision, or determination of the Code

Enforcement Officer or Planning Board, or to decide in favor of the

applicant on any matter which it is required to decide under this

Ordinance, or to effect any variation in the application of this

Ordinance from its stated terms.

c. Burden of Proof. The person filing the appeal shall have the burden

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of proof.

d. Action of Appeal: Following the public hearing on an appeal, the

Board may affirm, affirm with conditions, remand, or reverse the

decision, or failure to act, of the Code Enforcement Officer or Planning

Board only upon a finding that the decision, or failure to act, was

clearly contrary to specific provisions of this Ordinance.

e. Time Frame: The Board shall decide all appeals within 35 days after

the close of the hearing, and shall issue a written decision on all

appeals.

f. All decisions shall become a part of the record and shall include a

statement of findings and conclusions as well as the reasons or basis

therefore, and the appropriate order, relief or denial thereof.

g. Shoreland Area Variances: The following shall be undertaken when

the Board of Appeals receives a request for variance in the Shoreland

Area.

1) A copy of the variance application and all supporting information

provided by the applicant shall be mailed to the Commissioner of

the Department of Environmental Protection by the Code

Enforcement Officer at least twenty (20) days prior to action by

the Board of Appeals.

2) Any comments received from the Commissioner of the

Department of Environmental Protection, prior to final action,

shall be made part of the variance record and considered by the

Board of Appeals.

6. Appeal to Superior Court: An appeal may be taken by any aggrieved

party to Superior Court in accordance with State laws within 45 days from

the date of any decision of the Board of Appeals.

7. Reconsideration: The Board of Appeals may reconsider any decision

reached within 30 days of its prior decision. The Board may conduct

additional hearings and receive additional evidence and testimony.

8. All variances granted shall be recorded by the applicant in the Registry of

Deeds as required by Title 30-A M.R.S.A. Section 4353.5. Any variance not

so recorded shall be void.

9. A copy of all variances granted within the shoreland area as defined by the

Board of Appeals shall be submitted by the Code Enforcement Officer to

the Department of Environmental Protection within fourteen (14) days of the

decision.

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SECTION 8. DEFINITIONS

A. Construction of Language

In the interpretation and enforcement of this Ordinance, all words other than

those specifically defined in the various ordinances shall have the meaning

implied by their context or their ordinarily accepted meaning. In the case of any

difference of meaning or implication between the text of this Code and any map,

illustration or table, the text shall control.

The word "person" includes a firm, association, organization, partnership, trust,

company or corporation as well as an individual or any other legal entity.

The present tense includes the future tense, the singular number includes the

plural, and the plural numbers includes the singular.

The words "shall" and "will" are mandatory, the word "may" is permissive.

The word "lot" includes the word "plot" and "parcel."

The word "structure" includes the word "building."

The word "used" or "occupied," as applied to any land or building, shall be

construed to include the words "intended, arranged, or designed to be sued or

occupied."

The words "Town" or "municipality" means the Town of Turner, Maine.

Abandoned Activity, Use, or Business: An activity, use, or business (1) that has stopped,

and (2) from which the major portion of the materials, goods, equipment, or facilities

necessary for its operation has been removed.

Accessory Structure or Use: A use or structure which is incidental and subordinate to the

principal use or structure. Accessory uses, when aggregated, shall not subordinate the

principal use of the lot. A deck or similar extension of the principal structure or a garage

attached to the principal structure by a roof or a common wall is considered part of the

principal structure.

Adjacent Grade: Means the natural elevation of the ground surface prior to construction

next to the proposed walls of a structure.

Aggrieved Party: An owner of land whose property is directly affected by the granting or

denial of a permit or variance; or a person whose land abuts or is across a road or street or

body of water from land for which a permit or variance has been granted; or any other

person or group of persons who have suffered particularized injury as a result of the

granting or denial of such permit or variance.

Agricultural/Sales/Services: The use of buildings or land for the sale of equipment or

products or services to those engaged in agriculture.

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Agriculture: The production, keeping, or maintenance, for sale or lease, of plants and/or

animals, including but not limited to: forages and sod crops; grains and seed crops; dairy

animals and dairy products; poultry and poultry products; livestock; fruits and vegetables;

and ornamental and green house products. Agriculture does not include forest

management, timber harvesting activities or confined feeding operations.

Agriculture Products, Processing and Storage: Establishments engaged in the

manufacturing processing and/or packaging foods, dairy products, commercial composting

and storage of such products.

Airport: An area of land or water that is used or intended to be used commercially for the

landing and takeoff of aircraft and includes its buildings and facilities, if any. This definition

is not intended to include private landing strips used for ultra light aircrafts or personal

planes associated with a residential use or agricultural use.

Alteration: Any change or modification in construction, or change in the structural

members of a building or structure such as bearing walls, columns, beams or girders or in

the use of a building.

The term shall include change, modification, or addition of a deck, dormer, staircase, or roof

of the building.

Amusement Facility: Any indoor private, commercial premises which are maintained or

operated primarily for the amusement, patronage, or recreation of the public containing four

(4) or more table sports, pinball machines, video games, or similar mechanical or electronic

games, whether activated by coins, tokens or discs, or whether activated through remote

control by the management.

Animated Sign: Any sign that uses movement or change of lighting to depict action or

create a special effect or scene.

Antenna: Any system of poles, panels, rods, reflecting discs or similar devices used for the

transmission or reception of radio or electromagnetic frequency signals.

Aquaculture: The growing or propagation of harvestable freshwater, estuarine, or marine

plant or animal species.

Area of a Shallow Flooding: Means a designated AO and AH zone on the Town's Flood

Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an

average depth of one to three feet where a clearly defined channel does not exist, where

the path of flooding is unpredictable, and where velocity flow may be evident. Such

flooding is characterized by ponding or sheet flow.

Area of Special Flood Hazard: Means the land in the floodplain having a one percent or

greater chance of flooding in any given year.

Arterial Street: A major thoroughfare which serves as a major traffic way for travel

between and through the municipality.

Authorized Agent: An individual or a firm having written authorization to act on behalf of a

property owner or applicant. The authorization shall be signed by the property owner or

applicant.

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Auto Repair: An establishment primarily engaged in major maintenance and repair of

automobiles. Maintenance and repair include but not limited to engine overhauls,

transmission repair brake work and the like.

Auto Sales: An establishment primarily engaged in the sale of new or used automobiles

together with accessory repair and service facilities which are incidental to the sales

operation.

Automobile Body Shop: A business establishment engaged in body, frame or fender

straightening and repair or painting and undercoating.

Automobile Graveyard: A place where three or more unregistered, unserviceable,

discarded, worn-out or junked automotive vehicles, or bodies, or engines thereof are

gathered together and may include the sale of used vehicles.

Automobile Recycling: A premise of a person who purchases or acquires salvage

vehicles for the purpose of reselling the vehicles or component parts of the vehicles or

rebuilding or repairing salvage for the purpose of resale or for the selling the basic materials

in the salvage vehicles, provided that eighty (80) percent of the business premises as

defined in Title 30-A M.R.S.A. Section 3755, subsection 1, paragraph C, is used for

automobile recycling operations.

Average Daily Traffic (ADT): The average number of vehicles per day that enter and exit

the premises or travel over a specific section of road.

Back Lot: Any lot or parcel of land that does not have frontage on a public road or

privately-owned street meeting the standards contained in Section VI.H. of the Town of

Turner Street Construction Ordinance or lacks the minimum frontage as required under

Section 3.I of this Ordinance.

Banner: Any sign of lightweight fabric or similar material that is permanently mounted to a

pole or a building by a permanent frame at one or more edges. National flags, state or

municipal flags, or the official flag of any institution or business shall not be considered

banners.

Basal Area: The area of cross-section of a tree stem at 4 1/2 feet above ground level and

inclusive of bark.

Base Flood: Means the flood having a one percent chance of being equaled or exceeded

in any given year, called the 100-year flood.

Basement: Any portion of a structure with a floor-to-ceiling height of six (6) feet or more

and having more than 50% of its volume below the existing ground level.

Bed and Breakfast: Any dwelling in which transient lodging or boarding and lodging are

provided and offered to the public for compensation for less than one week. This dwelling

shall also be the full-time, permanent residence of its owner. There shall be no provisions

for cooking in any individual guest room.

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Boarding, Lodging Facility: Any residential structure where lodging and with or without

meals are provided for compensation for a period of at least one week, and where a family

residing in the building acts as proprietor or owner. There shall be no provisions for

cooking in any individual guest room.

Boat Launching Facility: A facility designed primarily for the launching and landing of

watercraft, and which may include an access ramp, docking area, and parking spaces for

vehicles and trailers.

Breakaway Wall: means a wall that is not part of the structural support of the building and

is intended through its design and construction to collapse under specific lateral loading

forces without causing damage to the elevated portion of the building or supporting

foundation system.

Breeder Barn: A barn which houses more than 200 mature hens and roosters for the

purpose of production of fertilized hatchery eggs.

Brooder Barn: A barn used for the raising of more than 200 chickens prior to reaching egg

laying age.

Building Coverage Ratio: The ratio derived by dividing the area covered by building(s) by

the area of the lot.

Building Envelope: That portion of the lot located within the prescribed front-, rear- and

side-yard setback distances.

Bulk Grain Storage: Establishments primarily engaged in the warehousing and storage of

grain for resale or own use other than normal storage associated with on-site consumption.

Business and Professional Offices: The place of business of doctors, lawyers,

accountants, financial advisors, architects, surveyors, real estate and insurance

businesses, psychiatrists, counselors and the like or in which a business conducts its

administrative, financial or clerical operations including banks and other financial services,

but not retail sales nor activities utilizing trucks as part of the business operation.

Cabin/structure: Anything built for the support, shelter or enclosure of persons, animals,

goods or property of any kind, together with anything constructed or erected with a fixed

location on or in the ground, exclusive of fences. The term includes structures temporarily

or permanently located, such as decks and satellite dishes.

Campground: Land upon which one or more tents are erected or trailers are parked for

temporary family recreational use for a fee on sites arranged specifically for that purpose.

The word "campground" shall include the words "camping ground" and "tenting grounds."

Canopy: The more or less continuous cover formed by tree crowns in a wooded area.

Canopy Sign: Any sign that is a part of or attached to an awning, canopy, or other fabric,

plastic, or structural protective cover over a door, entrance, window, or outdoor service

area.

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Cemetery: Property used for the interring of the dead.

Certificate of Compliance: A document signed by the Code Enforcement Officer stating

that a structure is in compliance with all of the provisions of the Floodplain Management

Ordinance.

Changeable Copy Sign: A sign or portion thereof with characters, letters or illustrations

that can be changed or rearranged without altering the face or the surface of the sign. A

sign on which the message changes more than eight times per day shall be considered an

animated sign and not a changeable copy sign for purposes of this Ordinance. A sign on

which the copy that changes is an electronic or mechanical indication of time or

temperature shall be considered a "time and temperature" portion of a sign and not a

changeable copy sign for purposes of this Ordinance.

Church: A building or structure, or group of buildings or structures, designed primarily

intended and used for the conduct of religious services excluding Sunday School.

Clinic: An establishment where patients are accepted for treatment by a group of

physicians practicing medicine together but shall not offer domiciliary arrangements;

medical and dental.

Club: Any voluntary association of persons organized for social, religious, benevolent,

literary, scientific or political purposes; whose facilities, especially a clubhouse, are open to

members and guests only and not the general public; and not engaged in activities

customarily carried on by a business or for pecuniary gain. Such term shall include

fraternities, sororities and social clubs generally.

Club, Private: Any building or rooms, which serves as a meeting place for an incorporated

or unincorporated association for civic, social, cultural, religious, literary, political,

recreational or like activities, operated for the benefit of its members and not open to the

general public.

Club, Recreational: Any building or land which serves as a meeting place or recreation

area for an incorporated or unincorporated association or group operated for the benefit of

its members and guests and not open to the general public, and not engaged in activities

customarily carded on by a business for pecuniary gain.

Code Enforcement Officer: A person appointed by the municipal officers to administer

and enforce this code.

Collector Street: A street with average daily traffic of 200 vehicles per day or greater, or

streets which serve as feeders to arterial streets and collectors of traffic from minor streets.

Colocation: The use of a wireless telecommunications facility by more than one wireless

telecommunications provider.

Commercial Composting: The processing and sale of more than 1,000 cubic yards of

compost per year.

Commercial Hazardous Waste Facility: As defined in 38, M. M.R.S.A., Section 1303 as

may be amended.

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Commercial Recreation: Any commercial enterprise which receives a fee in return for the

provision of some recreational activity including but not limited to: racquet and tennis clubs,

health facility, amusement parks, gymnasiums and swimming pools, sporting/recreational

facilities and bowling alleys but not including amusement facilities, as defined herein.

Commercial School: An institution which is operated for profit, but is not authorized by the

State to award baccalaureate or higher degrees, which offers classes in various skills,

trades, professions or fields of knowledge.

Commercial Telecommunications Tower and Related Facilities: Any structure,

antenna, tower, or other device which provides to the public for a fee radio/television

transmission, commercial mobile wireless services, unlicenced wireless services, cellular

phone services, specialized mobile radio communications (SMR), common carrier wireless

exchange phone services and personal communications service (PCS) or pager services.

This definition does not include ham radio towers/antenna, or towers/antenna used to

provide communication for a single business.

Commercial Use: Commercial shall include the use of lands, buildings, or structures, other

than home occupations, the intent and result of which activity is the production of income

from the buying and selling of goods or services, exclusive of rental of residential buildings

or dwelling units.

Common Driveway: A vehicle access way serving two dwelling units.

Community Center: A building which provides a meeting place for local, nonprofit

community organizations on a regular basis. The center shall not be engaged in activities

customarily carried on by a business.

Complete Application: An application shall be considered complete upon submission of

the required fee, a signed application and all information required by this Ordinance except

as validly waived a vote by the Planning Board to waive the submission of required

information.

Comprehensive Plan: Comprehensive plan means a document or interrelated documents

containing the elements established under Title 30-A, M.R.S.A. Section 4326, subsection 1

to 4, including the strategies for an implementation program which are consistent with the

goals and guidelines established under subchapter II.

Confined Feeding Operations: Specialized livestock production enterprises with confined

beef cattle and hog feeding and poultry and egg farms and accessory structures. These

operations have large animal populations restricted to small areas. For the purpose of this

definition, breeder and brooder barns are not considered confined feeding operations.

Conforming: A building, structure, use of land, or portion thereof, which complies with all

the provisions of this Ordinance.

Congregate Housing: Residential housing consisting of private apartments and central

dining facilities and within which a congregate housing supportive services program serves

functionally impaired elderly or disabled occupants; the individuals are unable to live

independently yet do not require the constant supervision or intensive health care available

at intermediate care or skilled nursing facilities. Congregate housing shall include only

those facilities which have been certified by the State of Maine as meeting all certification

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standards and guidelines for congregate housing facilities as promulgated by the

Department of Human Services pursuant to the provisions of Maine State Statutes.

Conservation Easement: A nonpossessory interest in real property imposing limitations or

affirmative obligations, the purposes of which include retaining or protecting natural, scenic

or open space values of real property; assuring its availability for agricultural, forest,

recreational or open space use; protecting natural resources; or maintaining air or water

quality.

Constructed: Built, erected, altered, reconstructed, moved upon, or any physical

operations on the premises which are required for construction. Excavation, fill, drainage,

and the like, shall be considered a part of construction.

Day Camp: Homes and centers licensed as such by the Maine Department of Human

Services.

DBH: The diameter of a standing tree measured 4.5 feet from ground level.

Demolition/Waste Disposal: A facility including a landfill operated by a public, quasi-public

or private entity which purpose is to dispose of useless, unwanted or discarded solid

material with insufficient liquid content to be free flowing, including by way of example, and

not by limitation to, rubbish, garbage, scrap materials, junk, refuse, inert fill material,

landscape refuse, and demolition debris. The definition does not, however, include

commercial hazardous waste disposal facilities or recycling of products.

Density: The number of dwelling units per area of land.

Developed Area: Any area on which a site improvement or change is made, including

buildings, landscaping, parking areas, and streets.

Development: Any manmade changes to improved or unimproved real estate, including

but not limited to, buildings or other structures, mining, dredging, filling, grading, paving,

excavation, or drilling operations.

Development (Floodplain Management Ordinance): Means any change by individuals or

entities to improved or unimproved real estate, including but not limited to, the construction

of buildings or other structures; the construction of additions or substantial improvements to

buildings or other structures; mining, dredging, filling, grading, paving, excavation, drilling

operations or storage of equipment or materials; and the storage, deposition, or extraction

of materials, public or private sewage disposal systems or water supply facilities.

Dimensional Requirements: Numerical standards relating to spatial relationships

including but not limited to setback, lot area, shore frontage and height.

Direct Watershed: That portion of the watershed which does not first drain through an

upstream lake.

Disability: Any disability, infirmity, malformation, disfigurement, congenital defect or

mental condition caused by bodily injury, accident, disease, birth defect, environmental

conditions or illness; and also includes the physical or mental condition of a person which

constitutes a substantial handicap as determined by a psychologist as well as any other

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8-8

health or sensory impairment which requires special education, vocational rehabilitation or

related services.

District: A specified portion of the municipality, delineated on the Official Zoning Map within

which certain regulations and requirements or various combinations thereof apply under the

provisions of this Ordinance.

Driveway (Shoreland Zoning): A vehicular access-way less than five hundred (500) feet

in length serving two single-family dwellings or one two-family dwelling, or less.

Duplex: A building containing only two dwelling units for occupation by not more than two

families.

Dwelling: Any building or structure or portion thereof designed or used for residential

purposes.

1. Single-family Dwelling: Any structure containing only one dwelling unit for

occupation by not more than one family.

2. Multi-family Dwellings: A building containing three or more dwelling units such

buildings being designed exclusively for residential use and occupancy by three

or more families living independently of one another with the number of families

not exceeding the number of dwelling units.

Dwelling Unit: A room or suite of rooms used by a family as a habitation which is separate

from other such rooms or suites of rooms, and which contains independent living, cooking,

sleeping, bathing and sanitary facilities but not including transient lodging facilities such as

motels, hotels, inns, bed and breakfasts, rental cabins, boarding houses and tourist

homes.

"ECHO" Unit: A small (not more than 560 square feet of living space) residential structure

placed or constructed to the side or rear of an existing single family dwelling to be occupied

by one or two people who are (a) age is 62 or older or (b) disabled, who are related by

birth, marriage, or adoption to the occupants of one principal residence, and who benefit

from living close to the family.

Elderly Housing: A multi unit (three or more dwelling units per structure) development

where each dwelling unit is occupied by only persons 62 years of age or older (or in the

case of couples at least one of the two persons shall be 62 years of age or older) and/or

handicapped persons as a residential living environment with other persons 62 years of age

or older and/or handicapped persons. Each dwelling unit will be designed to meet the

minimum standards for State and Federal elderly accessibility requirements.

Elevated Buildings: Means a nonbasement building (i) built, in the case of a building in

Zones Al -30, AE, A, A99, AO, or AH, to have the top of the elevated floor, elevated above

the ground level by means of pilings, columns, post, piers, or "stilts"; and (ii) adequately

anchored so as not to impair the structural integrity of the building during a flood of up to

one foot above the magnitude of the base flood. In the case of Zones A1-30, AE, A, A99,

AO, or AH, "elevated building" also includes a building elevated by means of fill or solid

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foundation perimeter walls less than three feet in height with openings sufficient to facilitate

the unimpeded movement of flood waters.

Elevation Certificate: An official form (FEMA Form 81-31, 10/87, as amended) that (i) is

used to verify compliance with the floodplain regulations of the National Flood Insurance

Program; and, (ii) is required for purchasing flood insurance.

Emergency Operations: Operations conducted for the public health, safety or general

welfare, such as protection of resources from immediate destruction or loss, law

enforcement, and operations to rescue human beings, property and livestock from the

threat of destruction or injury.

Essential Services: Electric power, or water transmission or distribution lines, towers, and

related equipment; telephone cables or lines, poles, and related equipment; municipal

sewage lines, collection or supply systems; and associated storage tanks. Essential

services shall not include commercial telecommunication towers and related facilities. Such

systems may include towers, poles, wires, mains, drains, pipes, conduits, cables, fire

alarms and police call boxes, traffic signals, hydrants, and similar accessories, but shall not

include service drops or buildings which are necessary for the furnishing of such services.

Expansion of a Structure: An increase in the floor area or volume of a structure including

all extensions such as, but not limited to attached: decks, garages, porches and

greenhouses.

Expansion of Use: The addition of one month to a use's operating season; or the use of

more floor area or ground area devoted to a particular use.

FAA: The Federal Aviation Administration, or its lawful successor.

Fall Zone: The distance from the base of a tower that a tower would fall should a

catastrophic failure occur.

Family: One or more persons occupying a premises and living as a single housekeeping

unit.

Farm Labor Housing: Dwelling units solely occupied by employees and their families,

intended to provide housing for help required to carry out agricultural uses and located on

the farm itself.

Farm Enterprise: A use of land or structures intended to supplement the income of farm

owners that is compatible with agricultural uses but may not normally be allowed under the

current zoning designation of the land.

Farm Stand: A structure designed, arranged or used for the display and sale of agricultural

products primarily grown or produced on the premises upon which such stand is located. A

farm stand may be located on premises that the products are not grown upon provided

such premises is owned by the grower.

FCC: The Federal Communications Commission, or its lawful successor.

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Filling: Depositing or dumping any matter on or into the ground or water.

Final Plan: The final drawings on which the applicant's plan of subdivision is presented to

the Board for approval and which, if approved, shall be recorded at the Registry of Deeds.

Flag: Any fabric, banner or bunting containing distinctive colors, patterns, or symbols, used

as symbol of a government, political subdivision or other entity.

Flood or Flooding: Means:

1. A general and temporary condition of partial or complete inundation of normally

dry land areas from:

a. the overflow of inland or tidal waters; and

b. the unusual and rapid accumulation or runoff of surface waters from any

source.

2. The collapse or subsidence of land along the shore of a lake or other body of

water as a result of erosion or undermining caused by waves or currents of water

exceeding anticipated cyclical levels or suddenly caused by an unusually high

water level in a natural body of water, accompanied by a severe storm, or by an

unanticipated force of nature, such as flash flood, or by some similarly unusual

and unforeseeable even which results in flooding.

Flood Elevation Study: Means an examination, evaluation and determination of flood

hazards and, if appropriate, corresponding water surface elevations.

Flood Insurance Rate Map (FIRM): Means an official map or a community on which the

administrator of the Federal Insurance Administration has delineated both the special

hazard areas and the risk premium zones applicable to the community.

Flood Insurance Study: See "Flood Elevation Study."

Floodplain or Flood Prone Area: Means land areas susceptible to being inundated by

water from any source (see "flooding").

Floodplain Management: Means the operation of an overall program of corrective and

preventive measures for reducing flood damage including but not limited to emergency

preparedness plans, flood control works, and floodplain management regulations.

Floodplain Management Regulations: Means zoning ordinances, subdivision regulations,

building codes, health regulations, special purpose ordinances (such as floodplain, grading

or erosion control ordinances) and other applications of police power. The term describes

such state or local regulations, in any combination thereof, which provide standards for the

purpose of flood damage prevention and reduction.

Flood Proofing: Means any combination of structural and non-structural additions,

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Amended April 4, 2009

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changes, or adjustments to structures which reduce or eliminate flood damage to real

estate or improved real property, water and sanitary facilitates, structures and contents.

Floodway: See regulatory floodway.

Floodway Encroachment Lines: Mean the lines marking the limits of floodway on federal,

state and local floodplain maps.

Floor Area: The sum of the horizontal areas of the floor(s) of a structure enclosed by

exterior walls, plus the horizontal area of any unenclosed portions of a structure such as

porches and decks.

Forest Management Activities: Timber cruising and other forest resource evaluation

activities, pesticide or fertilizer application, management planning activities, timber stand

improvement, pruning, regeneration of forest stands, and other similar or associated

activities, exclusive of timber harvesting and the construction, creation or maintenance of

roads.

Forested Wetlands: Freshwater wetland dominated by woody vegetation that is six meters

(approximately 19.7 feet) tall or taller.

Forestry: The operation of timber tracks, tree farms, forest nurseries, the gathering of

forest products, or the performance of forest services.

Foundation: The supporting substructure of a building or other structure, excluding

wooden sills and post supports, but including basements, slabs, frostwalls, or other base

consisting of concrete, block, brick or similar material.

Freeboard: Means a factor of safety usually expressed in feet above a flood level for

purposes of floodplain management. "Freeboard" tends to compensate for the many

unknown factors, such as wave action, bridge openings, and the hydrological effect of

urbanization of the watershed, that could contribute to flood heights greater than the height

calculated for a selected size flood and floodway conditions.

Freestanding Sign: Any sign supported by structures or supports that are placed on, or

anchored in, the ground and that are independent from any building or other structure.

Freshwater Wetland: Freshwater swamps, marshes, bogs and similar areas which are:

I. of ten or more contiguous acres; or of less than 10 contiguous acres and

adjacent to a surface water body excluding any river, stream or brook such that

in a natural state, the combined surface area is in excess of 10 acres; and

2. inundated or saturated by surface or ground water at a frequency and for a

duration sufficient to support, and which under normal circumstances do support,

a prevalence of wetland vegetation typically adapted for life in saturated soils.

3. This definition does not include forested wetlands.

Freshwater wetlands may contain small stream channels or inclusions of land that do

not conform to the criteria of this definition.

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Should the definition of freshwater wetland be amended by statute or rule, this

definition shall be deemed amended to correspond to that statute or rule.

Frontage, Road: The linear distance between the sidelines of a lot measured along the lot

line that borders upon whatever right-of-way serves as legal access to the lot.

Functionally Water-Dependent Uses: Those uses that require, for their primary purpose,

location on submerged lands or that require direct access to, or location in, inland waters

and that cannot be located away from these waters. The uses include, but are not limited

to recreational fishing and boating facilities, excluding recreational boat storage, waterfront

dock facilities, boat yards and boat building facilities, navigation aides, retaining walls,

industrial uses requiring large volumes of cooling or processing water that cannot

reasonably be located or operated at an inland site.

Garage: An accessory building, or part of a principal building, including a car port, used

primarily for the storage of motor vehicles as an accessory use.

Gasoline Service Station: Any place of business at which gasoline, other motor fuels or

motor oil are sold to the public for use in a motor vehicle, regardless of any other business

on the premises.

Government Office: A building or complex of buildings that house municipal offices and

services, and which may include cultural, recreational, athletic, convention and

entertainment facilities owned and/or operated by a governmental agency.

Great Pond: Any inland body of water which in a natural state has a surface area in excess

of ten acres, and any inland body of water artificially formed or increased which has a

surface area in excess of thirty (30) acres except where the artificially formed or increased

inland body of water is completely surrounded by land held by a single owner.

Gravel Pit: See mineral extraction.

Ground Cover: Small plants, fallen leaves, needles and twigs, and the partially decayed

organic matter of the forest floor.

Group Home: A housing facility for mentally handicapped or developmentally disabled

persons which is approved, authorized, certified or licensed by the State. A group home

may include a community living facility, foster home or intermediate care facility.

Hazardous Waste: As defined in 38 M.R.S.A. Section 1303 as may be amended.

Heavy Manufacturing: A use engaged in the basic processing and manufacturing of

materials or products predominately from extracted or raw materials.

Height of a Structure: The vertical distance between the mean grade within the building

footprint and the highest point of the structure, excluding chimneys, steeples, antennas,

Town of Tuner, Maine

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Amended April 4, 2009

8-13

and similar appurtenances which have no floor area.

High Intensity Soil Survey: A soil survey conducted by a Certified Soil Scientist meeting

the standards of the National Cooperative Soil Survey which identifies soil types down to

1/10 acre or less at a scale equivalent to subdivision plan submitted. The mapping units

shall be the soil series. Single soil test pits and their evaluation shall not be considered to

constitute high intensity soil surveys.

Historic Structure: Means any structure that is:

1. Listed individually in the National Register of Historic Places (a listing maintained

by the Department of Interior) or preliminary determined by the Secretary of the

Interior as meeting the requirements for individual listing on the National

2. Certified or preliminarily determined by the Secretary of the Interior as

contributing to the historical significance of a registered historic district or a

district preliminarily determined by the Secretary of the Interior to qualify as a

registered historic district;

3. Individually listed on a state inventory of historic places in states with historic

preservation programs which have been approved by the Secretary of the

Interior, or

4. Individually listed on a local inventory of historic places in communities with

historic preservation programs that have been certified either: a) by an approved

state program as determined by the Secretary of the Interior; or b) directly by the

Secretary of the Interior in states without approved programs.

Home Occupation: An occupation or business activity which results in a product or service

and is conducted in whole or in part in the dwelling unit or accessory structure.

Hospital: An institution providing, but not limited to, overnight health services, primarily for

inpatients, and medical or surgical care for the sick or injured including as an integral part of

the institution such related facilities as laboratories, out-patient departments, training

facilities, central services facilities, and staff offices.

Hotel/Motel: A commercial building or group of buildings built to accommodate for a fee

travelers and other transient guests who are staying for a limited duration with sleeping

rooms without cooking facilities, each rental unit having its own private bathroom and its

own separate entrance leading either to the outdoors or to a common corridor or hallway.

A hotel may include restaurant facilities where food is prepared and meals served to its

guests and other customers.

Increase in the Nonconformity of a Structure: any change in a structure or property

which causes further deviation from the dimensional standard(s) creating the

nonconformity. Property changes or structure expansions which either meet the

dimensional standard or which cause no further increase in the linear extent of the

nonconformance of the existing structure shall not be considered to increase the

nonconformity. For example, there is no increase in nonconformity if the expansion

extends no further into the required setback area than does any portion of the existing

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Amended April 4, 2009

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nonconforming structure.

Individual Private Campsite: An area of land which is not associated with a campground,

but which is developed for repeated camping by only one group not to exceed ten (10)

individuals and which involves site improvements which may include but not be limited to

gravel pads, parking areas, fire places, or tent platforms. The term individual private camp

site does not include sites used by property owners for infrequent cook-outs or "camping

out."

Industrial Park or Development: A subdivision developed exclusively for industrial uses,

or a subdivision planned for industrial uses and developed and managed as a unit, usually

with provision for common services for the users.

Impervious Surface Ratio: A measure of the intensity of land use that is determined by

dividing the total area of all impervious surfaces on the site by the area of the lot. For the

purpose of this ordinance, impervious surfaces include buildings, structures, paved and

gravel surfaces.

Industrial Use, Heavy: The use of real estate, building or structure, or any portion thereof,

for assembling, fabricating, manufacturing, packaging or processing operations.

Industrial Use, Light: The use of real estate, building or structure, or any portion thereof,

which main processes involve the assembly of prefabricated parts and which will not create

a nuisance by noise, smoke, vibration, odor or appearance.

Junkyard: A visible yard, field or other area used as place for storage and/or sale of the

following:

1. discarded, worn-out or junked plumbing, heating supplies, household appliances

and furniture;

2. discarded, scrap and junked lumber; and

3. old or scrap copper, brass, rope, rags, batteries, paper trash, rubber or plastic

debris, waste and all scrap iron, steel and other scrap ferrous or non-ferrous

material.

Kennel: An establishment in which more than four dogs or four cats are sold, housed, bred,

boarded or trained for a fee.

Land Management Road: Land Management Road - a route or track consisting of a bed

of exposed mineral soil, gravel, or other surfacing materials constructed for, or created by,

the passage of motorized vehicles and used primarily for timber harvesting and related

activities, including associated log yards, but not including skid trails or skid roads.

Landscape Ratio: The area of land devoted to pervious landscaping divided by the area of

lot.

Level of Service: a description of the operating conditions a driver will experience while

traveling on a particular street or highway calculated in accordance with the provisions of

the Highway Capacity Manual, 1985 edition, published by the National Academy of

Sciences, Transportation Research Board. There are six levels of service ranging from

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Amended April 4, 2009

8-15

Level of Service A with free traffic flow and no delays to Level of Service F with forced flow

and congestion resulting in complete failure of the roadway.

Larger Vehicle: A vehicle that has a larger length, width, or turning radius and/or lesser

acceleration capability than standard passenger vehicles or pickup trucks, including busses,

commercial trucks, and recreational vehicles.

Light Manufacturing: A use engaged in the manufacture, predominantly only from

previously prepared materials, of finished products or parts, processing, fabrication,

assembly, packaging, incidental storage, sales and distribution of such products.

Line of Sight: The direct view of the object from the designated scenic resource.

Locally Established Datum: Means, for purposes of this code, an elevation established

for a specific site to which all other elevations at the site are referenced. The National

Geodetic Vertical Datum (NGVD) or any other established datum and is used in areas

where Mean Sea Level data is too far from a specific site to be practically used.

Lot: An area of land in one ownership, or one leasehold, with ascertainable boundaries

established by deed or instrument of record, or a segment of land ownership defined by lot

boundary lines on a land subdivision plan duly approved by the Planning Board and

recorded in the County Registry of Deeds.

Lot Area: The total horizontal area within the lot lines.

Lot, Corner: A lot at least two contiguous sides abutting upon a street or right-of-way.

Lot, Coverage: The percentage of a lot covered by all buildings, parking areas and

impervious services.

Lot Lines: The lines bounding a lot as defined below:

1. Front Lot Line: Interior lots: the line separating the lot from a street or right-ofway.

Comer lot or through lot; the line separating the lot from either street or

right-of-way.

2. Rear Lot Line: The lot line opposite the front lot line. On a lot pointed at the

rear, the rear lot line shall be an imaginary line between the side lot lines parallel

to the front lot line, not less than ten feet long, lying farthest from the front lot

line. On a comer lot, the rear lot line shall be opposite the front lot line at least

dimension.

3. Side Lot Line: Any lot line other than the front lot line or rear lot line.

Lot, Minimum Area: The required lot area within a district for a single use.

Lot of Record: A parcel of land, a legal description of which or the dimensions of which are

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Amended April 4, 2009

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recorded on a document or map on file with the Androscoggin County Registry of Deeds on

or before July 12, 1993, or other date set forth in the specific regulations of this Ordinance.

Lot, Shorefront: Any lot abutting a body of water.

Lot, Through: Any interior lot having frontages on two more or less parallel streets or

rights-of-way or between a street and a body of water, or a right-of-way and a body of

water, or between two bodies of water, as distinguished from a corner lot. All sides of

through lots adjacent to streets, rights-of-way, and bodies of water shall be considered

frontage, and front yards shall be provided as required.

Lot Width: The distance between the side boundaries of the lot measured at the front

setback line.

Lowest Floor: Means the lowest floor of the lowest enclosed area (including basement).

An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building

access or storage in an area other than a basement area is not considered a building's

lowest floor, provided that such enclosure is not built so as to render the structure in

violation of the applicable nonelevation design requirements of Article VI. of this code.

Manufactured Housing/Mobile Home Unit: Means structures, transportable in one or two

sections, which were constructed in a manufacturing facility and are transported to a

building site and designed to be used as dwellings when connected to the required utilities,

including the plumbing, heating, air conditioning and electrical systems contained therein

and as otherwise defined in 30-A M.R.S.A. section 4358(l).

Manufacturing: The making of goods and articles by hand or machinery. Manufacturing

shall include assembling, fabricating, finishing, packaging or processing operations.

Marina: A business establishment having frontage on navigable water and, as its principal

use, providing for hire offshore moorings or docking facilities for boats, and which may also

provide accessory services such as boat and related sales, boat repair and construction,

indoor and outdoor storage of boats and equipment, boat and tackle shops, and fuel

service facilities.

Market Value: The estimated price a property will bring in the open market and under

prevailing market conditions in a sale between a willing seller and a willing buyer, both

conversant with the property and with prevailing general price levels.

Mean Sea Level: Means, for purposes of the National Flood Insurance Program, the

National Geodetic Vertical Datum (NGVD) of 1929, or other datum, to which base flood

elevations shown on a community's Flood Insurance Rate map are referenced.

Mineral Exploration: Hand sampling, test boring, or other methods of determining the

nature or extent of mineral resources which create minimal disturbance to the land and

which include reasonable measures to restore the land to its original condition. Mineral

exploration shall not include testing for a quarry.

Mineral Extraction: Any operation within any twelve (12) successive month period

removes more than 5,000 cubic yards of soil, topsoil, loam, sand, gravel, clay, peat, or

other like material from its natural location, and to transport the product removed, away

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from the extraction site. Mineral extraction shall not include the term quarry.

Minimum Lot Width: The closest distance between the side lot lines of a lot. When only

two lot lines extend into the shoreland zone, both lot lines shall be considered to be side lot

lines.

Minor Street: A street with average daily traffic of less than 200 vehicles per day.

Mobile Home Park: A parcel of land under unified ownership approved by the Town of

Turner Planning Board pursuant to the Town of Turner Subdivision Ordinance and Mobile

Home Park Ordinance for the placement of three (3) or more mobile homes.

Mobile Home Park Lot: Mobile home park lot means the area of land on which an

individual home is situated within a mobile home park and which is reserved for use by the

occupants of that home.

Multi-Unit Residential: A residential structure containing three (3) or more residential

dwelling units.

Native: Indigenous to the local forests.

Neighborhood "Convenience" Stores: A store of less than 1,500 square feet of floor

space intended to service the convenience of a residential neighborhood primarily with the

sale of merchandise including such items as, but not limited to, basic foods, newspapers,

emergency home repair articles, and other household items.

Net Residential Acreage: The total acreage available for a subdivision, and shown on the

proposed subdivision plan, minus the area for streets or access and the areas which are

unsuitable for development.

Net Residential Density: The number of dwelling units per net residential acre.

New Construction: Means structures for which the "start of construction" commenced on

or after the effective date of floodplain management regulations adopted by a community.

Nonconforming Lot: A single lot of record which, at the effective date of adoption or

amendment of this Ordinance, does not meet the area, frontage, or width requirements of

the district in which it is located.

Nonconforming Sign: Any sign that does not conform to the requirements of this

Ordinance.

Nonconforming Structure: A structure which does not meet any one or more of the

following dimensional requirements; setback, height, or lot coverage, but which is allowed

solely because it was in lawful existence at the time this Ordinance or subsequent

amendments took effect.

Nonconforming Use: Use of buildings, structures, premises, land or parts thereof which is

not permitted in the district in which it is situated, but which is allowed to remain solely

because it was in lawful existence at the time this Ordinance or subsequent amendments

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took effect.

Nonhabituated Accessory Structure: A structure which is incidental and subordinate to

the principal use or structure which is not considered a dwelling unit.

Normal High-Water Line: That line which is apparent from visible markings, changes in

the character of soils due to prolonged action of the water or changes in vegetation, and

which distinguishes between predominantly aquatic and predominantly terrestrial land.

Areas contiguous with rivers that support non-forested wetland vegetation and hydric soils

and that are at the same or lower elevation as the water level of the river during the period

of normal high-water are considered part of the river.

Nursing Home: A privately operated establishment where maintenance and personal or

nursing care are provided for persons who are unable to care for themselves.

100 Year Flood: The flood having a one percent chance of being equaled or exceeded in

any given year.

Open Space Development: A subdivision in which the dimensional requirements are

reduced below those normally required in return for permanently preserved open space.

Park Model Mobile Home: Recreational vehicles primarily designed as living quarters for

recreation, camping or seasonal use. They are built on a single chassis, mounted on

wheels and have a gross trailer area not exceeding 400 square feet in the set-up mode.

Parks and Recreation: Recreation facilities open to the general public including, but not

limited to, playgrounds, parks, monuments, green strips, open space, mini-parks, athletic

fields, boat launching ramps, picnic grounds, swimming pools, and wildlife and nature

preserves, along with any necessary accessory facilities, restrooms, bath houses and the

maintenance of such land and facilities. The term shall not include campgrounds or

commercial recreation and amusement centers.

Pennant: Any lightweight plastic, fabric, or other material, whether or not containing a

message of any kind, suspended from a rope, wire or string usually in series, designed to

move in the wind.

Permitted Use: Uses which are listed as permitted uses in the various districts set forth in

this Code. The term shall not include prohibited uses.

Person: An individual, corporation, governmental agency, municipality, trust, estate,

partnership, association, two or more individuals having a joint or common interest, or other

legal entity.

Piers, Docks, Wharfs, Bridges and Other Structures and uses extending over or beyond

the normal high-water line or within a wetland:

Temporary: Structures which remain in or over the water for less than seven (7)

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months in any period of twelve (12) consecutive months.

Permanent: Structures which remain in or over the water for seven (7) months or

more in any period of twelve (12) consecutive months.

Planned Unit Development: A planned unit development is a mixed-use land

development which is developed under unified management; is planned as a whole

according to comprehensive and detailed plans, including streets, utilities, lots or building

sites, open space and preserved natural features, recreational facilities, and design

principles for proposed buildings; that may be developed in clearly identified stages; and

provides for the operation and maintenance of common facilities.

Planning Board: The planning board of the Town of Turner.

Preliminary Subdivision Plan: The preliminary drawings indicating the proposed layout of

the subdivision to be submitted to the Board for its consideration.

Principal Structure: A building other than one which is used for purposes incidental or

accessory to the use of another building or use on the same premises.

Principal Use: A use other than one which is incidental or accessory to another use on the

same premises.

Private Common Docking Facility: Privately owned piers, docks, wharfs, moorings or

other structures extending over or below the normal high water line the use of which is

intended for the docking and or securing of watercraft for more than one residential dwelling

unit, family unit or other legal entity.

Privately-Owned Street: A residential street meeting the standards contained in Section

VI.H. of the Town of Turner Street Construction Ordinance not including a street serving a

mobile home park which is not intended to be dedicated as a public way.

Professional Engineer: A professional engineer, registered in the State of Maine.

Projecting Sign: Any sign affixed to a building or wall in such a manner that its leading

edge extends more than six inches beyond the surface of such building or wall.

Public and Private Schools: Primary and secondary schools, or parochial schools, which

satisfy either of the following requirements: the school is not operated for a profit or as a

gainful business; or the school teaches courses of study which are sufficient to qualify

attendance in compliance with state compulsory education requirements.

Public Docking Facility: Publicly owned piers, docks, wharfs, moorings or other structures

extending over or below the normal high water line the use of which is intended for the

docking and or securing of watercraft.

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

8-20

Public Facility: Any facility, including, but not limited to, buildings, property, recreation

areas, and roads, which are owned, leased, or otherwise operated, or funded by a

governmental body or public entity.

Public Utility: Any person, firm, corporation, municipal department, board or commission

authorized to furnish gas, steam, electricity, waste disposal, communication facilities,

transportation or water to the public. Public Utility shall not include commercial

communication towers and related facilities.

Quarry: A place where stone is excavated from rock.

Residential Sign: Any sign located in a district zoned for residential uses that contains no

commercial message except advertising for goods or services legally offered on the

premises where the sign is located, if offering such service at such location conforms with

all requirements of the zoning ordinance.

Recent Floodplain Soils: The following soil series as described and identified by the

National Cooperative Soil Survey:

Alluvial Cornish Charles Fryeburg Hadley

Limerick Lovewell Medomak Ondawa Podunk

Rumney Saco Suncook Sunday Winooski

Reconstructed: The rebuilding of a road or section of a road to improve its serviceability.

Recording Plan: A copy of the Final Plan which is recorded at the Registry of Deeds and

which need not show information not relevant to the transfer of an interest in the property,

such as sewer and water line locations and sizes, culverts, and building lines.

Recreational Facility: A place designed and equipped for the conduct of sports, leisure

time activities, and other customary and usual recreational activities, excluding boat

launching facilities.

Recreational Vehicle: A vehicle or an attachment to a vehicle designed to be towed, and

designed for temporary sleeping or living quarters for one or more persons, and which may

include a pick-up camper, travel trailer, tent trailer, camp trailer, and motor home. In order

to be considered as a vehicle and not as a structure, the unit must remain with its tires on

the ground, and must be registered with the State Division of Motor Vehicles.

Regulatory Floodway: Means:

1. the channel of a river or other watercourse and the adjacent land areas that must

be reserved in order to discharge the base flood without cumulatively increasing

the water surface elevation more than one foot, and

2. in Zone A is considered to be the channel of a river or other watercourse and the

adjacent land areas to a distance of one-half the width of the floodplain, as

measured from the normal high water mark to the upland limit of the floodplain.

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

8-21

Rental Cabin/Structure: Any structure or room or group of rooms inhabited by a person or

persons who pay some form of monetary compensation to the owner of the structure or to

the primary occupant of the structure or room/rooms.

Repair: to take necessary action to fix normal damage or storm damage.

Replacement System: A system intended to replace:

1. an existing system which is either malfunctioning or being upgraded with no

significant change of design flow or use of the structure, or

2. any existing overboard wastewater discharge.

Residential Dwelling Unit: A room or group of rooms designed and equipped exclusively

for use as permanent, seasonal, or temporary living quarters for only one family. The term

shall include mobile homes, but not recreational vehicles.

Residual Basal Area: The average of the basal area of trees remaining on a harvested

site.

Restaurant: An establishment where meals are prepared and served to the public for

consumption on the premises entirely within a completely enclosed building; and where no

food or beverages are served directly to occupants of motor vehicles or directly to

pedestrian traffic from an exterior service opening or counter, or any combination of the

foregoing; and where customers are not permitted or encouraged by the design of the

physical facilities, by advertising, or by the servicing or packaging procedures, to take-out

food or beverage for consumption outside the enclosed building.

Resubdivision: The division of an existing subdivision or any change in the plan for an

approved subdivision which effects the lot lines including land transactions by the

subdivider not indicated on the approved plan.

Retail Business: A business establishment engaged in the sale, rental or lease of goods

or services to the ultimate consumer for direct use or consumption and not for resale.

Right-of-way: All public or private roads and streets, state and federal highways, private

ways (now called public easements), and public land reservations for the purpose of public

access, including utility rights-of-way.

Riprap: Rocks, irregularly shaped, and at least six (6) inches in diameter, used for erosion

control and soil stabilization, typically used on ground slopes of two (2) units horizontal to

one (1) unit vertical or less.

River: A free-flowing body of water including its associated flood plain wetlands from that

point at which it provides drainage for a watershed of twenty-five (25) square miles to its

mouth.

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

8-22

Riverine: Means relating to, formed by, or resembling a river (including tributaries), stream,

brook, etc.

Road (Shoreland Area): For the purpose of the performance standards of Section 4.T. of

this Ordinance, a route or track consisting of a bed of exposed mineral soil, gravel, asphalt,

or other surfacing material constructed for or created by the repeated passage of motorized

vehicles. This definition is intended to expand the applicability of the performance

standards applicable to the shoreland area and not to change the road frontage

requirements under Section 3 of this Ordinance or to permit substandard roads to be used

to meet frontage requirements.

Roof Sign: Any sign erected and constructed wholly on and over the roof a building,

supported by the roof structure, and extending vertically above the highest portion of the

roof.

Sand and Gravel Pit: See mineral extraction.

Seasonal Dwelling: A dwelling unit lived in for periods aggregating less than seven

months of the year and not the principal residence of the owner.

Service Business: Establishments engaged in providing services for individuals and

businesses such as laundries, beauty shops, barbershop, advertising and equipment

leasing.

Service Drop: Any utility line extension which does not cross or run beneath any portion of

a water body provided that:

1. in the case of electric service

a. the placement of wires and/or the installation of utility poles is located

entirely upon the premises of the customer requesting service or upon a

roadway right-of-way; and

b. the total length of the extension is less than one thousand (1,000) feet.

2. in the case of telephone service

a. the extension, regardless of length, will be made by the installation of

telephone wires to existing utility poles, or

b. the extension requiring the installation of new utility poles or placement

underground is less than one thousand (1,000) feet in length.

Setback: The minimum horizontal distance from a lot line to the nearest part of a building,

including porches, steps and railings.

Setback, Front: The minimum horizontal distance measured from the front line of the

property or the sideline of the street, whichever is closer to the nearest part of a building,

including porches, steps and railings.

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

8-23

Setback (Shoreland Zoning): The nearest horizontal distance from the normal high-water

line to the nearest part of a structure, road, parking space or other regulated object or area.

Setback, Rear: The minimum horizontal distance measured from the rear or back property

line to the nearest part of a building, including porches, steps and railings.

Setback, Side: The minimum horizontal distance measured from the side property line to

the nearest part of a building, including porches, steps and railings.

Shopping Center: Any concentration of two or more retail stores or service establishments

under one ownership or management containing 15,000 square feet or more of gross floor

space.

Shore Frontage: The length of a lot bordering on a water body or wetland measured in a

straight line between the intersections of the lot lines with the shoreline.

Shorefront Common Area: Any land area having shoreline frontage on any water body

regulated by this ordinance and intended for use by more than one residential dwelling unit

or family unit or other legal entity, excluding visitors and guests. This definition shall also

include areas for which easements, rights of way, or other use rights are granted or sold.

Shoreland Area: The land area located within two hundred and fifty (250) feet, horizontal

distance, of the normal high-water line of any great pond or river; within 250 feet, horizontal

distance, of the upland edge of a freshwater wetland; or within seventy-five (75) feet,

horizontal distance, of the normal high-water line of a stream.

Shoreline: The normal high-water line, or upland edge of a freshwater wetland.

Sign: Any device, fixture, placard or structure that uses any color, form, graphic,

illumination, symbol, or writing to advertise, announce the purpose of, or identify the

purpose of a person or entity, or to communicate information of any kind of the public.

Significant Scenic View Locations: Points where scenic views can be accessed as

identified in the Turner Comprehensive Plan.

Sketch Plan: Conceptual maps, renderings and supportive data describing the project

proposed by the applicant for initial review prior to submitting an application for subdivision

approval. May be used by the applicant as the basis for preparing the subdivision plans as

part of the application for subdivision approval.

Skid Trail: A route repeatedly used by forwarding machinery or animal to haul or drag

forest products from the stump to the yard or landing, the construction of which requires

minimal excavation.

Slash: The residue, e.g., treetops and branches, left on the ground after a timber harvest.

Stream (Shoreland Area): A free-flowing body of water from the outlet of a great pond or

the confluence of two (2) perennial streams as depicted on the most recent edition of a

United States Geological Survey 7.5 minute series topographic map, or if not available, a

15-minute series topographic map, to the point where the body of water becomes a river or

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

8-24

flows to another water body or wetland within the Shoreland Zone or flows to another water

body or wetland within the shoreland area.

Stream, River or Brook: River, stream or brook means a channel between defined banks

including the floodway and associated floodplain wetlands where the channel is created by

the action of the surface water and characterized by the lack of upland vegetation or

presence of aquatic vegetation and by the presence of a bed devoid of topsoil containing

waterborne deposits on exposed soil, parent material or bedrock.

Street: Public and private ways such as alleys, avenues, highways, roads and other rightsof-

way, as well as areas on subdivision plans designated as rights-of-way for vehicular

access other than driveways, farm roads or logging roads.

Structure: Anything built for the support, shelter or enclosure of persons, animals, goods or

property of any kind, together with anything constructed or erected with a fixed location on or in the

ground, exclusive of fences, and poles, wiring and other aerial equipment normally associated with

service drops as well as guying and guy anchors. The term includes structures temporarily or

permanently located, such as decks, patios, and satellite dishes.

Structure (Floodplain Management Ordinance): Means, for floodplain management

purposes, a walled and roofed building. A gas or liquid storage tank that is principally

above ground is also a structure.

Subdivision: The division of a tract or parcel of land into three or more lots as defined by

State law and in additional shall include developments where there are three or more units

involved such as mobile home parks, multiple family housing, apartment houses, multiple

housing units, mini malls, shopping plazas, business complexes, condominiums, shopping

centers and industrial parks.

Substantial Damage: Means damage of any origin sustained by a structure whereby the

cost of restoring the structure to its before damage condition would equal or exceed 50

percent of the market value of the structure before the damage occurred.

Substantial Improvement (Floodplain Management Ordinance): Means any

reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of

which equals or exceeds 50 percent of the market value of the structure before the start of

construction of the improvement. This term includes structures which have incurred

substantial damage, regardless of the actual repair work performed. The term does not,

however, include either:

1. Any project for improvement of a structure to correct existing violations of state

or local health, sanitary, or safety code specifications which have been identified

by the local code enforcement official and which are the minimum necessary to

assure safe living conditions; or

2. Any alteration of a historic structure, provided that the alteration will not preclude

the structure's continued designation as a historic structure.

Substantial Start: Completion of thirty (30) percent of a permitted structure or use

measured as a percentage of estimated total cost.

Subsurface Sewage Disposal System: A collection of treatment tank(s), disposal area(s),

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

8-25

holding tank(s) and pond(s), surface spray system(s), cesspool(s), well(s), surface

ditch(es), alternative toilet(s), or other devices and associated piping designed to function

as a unit for the purpose of disposing of wastes or wastewater on or beneath the surface of

the earth. The term shall not include any wastewater discharge system licensed under 38

M.R.S.A. Section 414, any surface wastewater disposal system licensed under 38 M.R.S.A.

Section 413 Subsection 1-A, or any public sewer. The term shall not include a wastewater

disposal system designed to treat wastewater which is in whole or in part hazardous waste

as defined in 38 M.R.S.A. Chapter 13, subchapter 1.

Suspended Sign: A sign that is suspended from the underside of a horizontal plane

surface and is supported by such surface.

Sustained Slope: A change in elevation where the referenced percent grade is

substantially maintained or exceeded throughout the measured area.

Swimming Pool: A body of water in an artificial receptacle or other container, whether in

the ground or above the ground, used or intended to be used for swimming or bathing and

designed for a water depth of thirty-eight (38) inches or more.

Temporary Movable Sign: Any sign not permanently attached to the ground, a building,

or other permanent structure by direct attachment to a rigid well, frame or structure, or a

sign designed to be transported, including, but not limited to, signs designed to be

transported by means of wheels; signs converted to A or T-frames; and balloons used as

signs.

Timber Harvesting: The cutting and removal of timber for the primary purpose of selling

or processing forest products. The cutting or removal of trees in the shoreland zone on a

lot that has less than two (2) acres within the shoreland zone shall not be considered timber

harvesting. Such cutting or removal of trees shall be regulated pursuant to Section 4.T.12,

Clearing or Removal of Vegetation for Activities Other Than Timber Harvesting.

Tract, or Parcel, of Land: All contiguous land in the same ownership, provided that lands

located on opposite sides of a public or private road shall be considered each a separate

tract or parcel of land unless such road was established by the owner of land on both sides

thereof after September 22, 1971.

Tributary Stream (Shoreland Area): A channel between defined banks created by the

action of surface water, whether intermittent or perennial, and which is characterized by the

lack of upland vegetation or presence of aquatic vegetation and by the presence of a bed

devoid of topsoil containing waterborne deposits on exposed soil, parent material or

bedrock, and which flows to a water body or wetland as defined. This definition does not

include the term "stream" as defined elsewhere in this Ordinance, and only applies to that

portion of the tributary stream located within the shoreland zone of the receiving water body

or wetland.

Trucking/Distribution Terminal: An establishment primarily engaged in furnishing trucking

or transfer services with or without storage.

Undue Hardship: As used in the code, the words "undue hardship" shall mean all of the

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

8-26

following:

1. that the land in question cannot yield a reasonable return unless a variance is

granted; and

2. that the need for a variance is due to the unique circumstances of the property

and not to the general conditions in the neighborhood; and

3. that the granting of a variance will not alter the essential character of the locality;

and

4. that the hardship is not the result of action taken by the applicant or a prior

owner.

A variance is not justified unless all elements are present in the case.

Upland edge of a wetland: The boundary between upland and wetland. For purposes of

a freshwater wetland, the upland edge is formed where the soils are not saturated for a

duration sufficient to support wetland vegetation; or where the soils support the growth of

wetland vegetation, but such vegetation is dominated by woody stems that are six (6)

meters (approximately twenty (20) foot) tall or taller.

Use: The manner in which land or a structure is arranged, designed or intended, or is

occupied.

Variance: A relaxation of the terms of this code where such relaxation will not be contrary

to the public interest where, owing to conditions peculiar to the property, and not the result

of the actions of the applicants, a literal enforcement of the code would result in undue

hardship.

Vegetation: All live trees, shrubs, ground cover, and other plants including, without

limitation, trees both over and under 4 inches in diameter, measured at 4 ½ above ground

level.

Veterinary Hospital or Clinic: A building used for the diagnosis, care and treatment of

ailing or injured animals which may include overnight accommodations. The overnight

boarding of healthy animals shall be considered a kennel.

Volume of a Structure: The volume of all portions of a structure enclosed by roof and fixed

exterior walls as measured from the exterior faces of these walls and roof.

Wall Sign: Any sign attached parallel to, but within six inches of, a wall, painted on the wall

surface of, or erected and confined within the limits of an outside wall of any building or

structure, which is supported by such wall or building, and which displays only one sign

surface.

Warehousing/Storage: The storage of goods, wares and merchandise in a warehouse.

Water Body: Any great pond, river, stream.

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

8-27

Water Crossing: Any project extending from one bank to the opposite bank of a river,

stream, tributary stream, or wetland whether under, through, or over the water course or

wetland. Such projects include but may not be limited to roads, fords, bridges, culverts,

water lines, sewer lines, and cables as well as maintenance work on these crossings. This

definition includes crossings for timber harvesting equipment and related activities.

Wetland: A freshwater wetlands.

Wetlands Associated with Great Ponds and Rivers: Wetlands contiguous with or

adjacent to a great pond or river, and which during normal high water, are connected by

surface water to the great pond or river. Also included are wetlands which are separated

from the great pond or river by a berm, causeway, or similar feature less than 100 feet in

width, and which have a surface elevation at or below the normal high water line of the

great pond or river. Wetlands associated with great ponds or rivers are considered to be

part of that great pond or river.

Wetlands Associated with Great Ponds and Rivers: Areas characterized by nonforested

wetland vegetation and hydric soils that are contiguous with a great pond or river,

and have a surface elevation at or below the water level of the great pond or river during

the period of normal high water. “Wetlands associated with great ponds or rivers” are

considered to be part of that great pond or river.

Window Sign: Any sign, pictures, symbol, or combination thereof, designed to

communicate information about an activity, business, commodity, event, sale, or service

that is placed inside a window or upon the window panes or glass and is visible from the

exterior of the window.

Wholesale Business: The use of land and/or buildings engaged in the selling of

merchandise to retailers to industry, commercial, institutional, farm or professional business

users or other wholesalers as distinguish from the sale to the general public.

Woody Vegetation: Live trees or woody, non-herbaceous shrubs.

Yard: An open, landscaped area adjacent to the property line which is not and may not be

occupied by buildings, structures, parking lots, storage or similar uses. Access roads or

drives and sidewalks may be located to allow vehicular and pedestrian traffic to cross yard

areas.

Yard Sale: So-called garage sales, porch sales, tag sales and the like occurring for not

more than five (5) days per month. Goods, even those protected by temporary cover, shall

not be visible from public or adjacent private property at any time other than at the time of

the yard sale. Yard sales exceeding this definition shall be considered home occupations

or commercial use and require review and approval by the Code Enforcement Officer or

Planning Board.

Town of Tuner, Maine

Zoning Ordinance

Amended April 4, 2009

8-28

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