Town of Poland Maine - Chapter 5 Land Zoning Standards

The purpose of this Chapter is to promote the health, safety, and general welfare of the residents of the Town of Poland, Maine; to encourage the most appropriate use of land throughout the Town by controlling building sites, placement of structures, and land uses; to promote traffic safety and safety from fire and other elements; provide adequate light and air; prevent overcrowding of real estate; to promote a wholesome home environment; prevent housing development in unsanitary areas; provide an adequate street system and public services; promote the coordinated development of unbuilt areas; encourage the formation of community units; provide an allotment of land area in new developments sufficient for all requirements of community life; to conserve natural resources; prevent and control water pollution; protect spawning grounds, fish, aquatic life, birds, and other wildlife habitat; and conserve shore cover, visual as well as actual points of access to inland areas, especially on flood prone areas and shores unsuitable for development.

If amendments are made in the district boundaries or other matters portrayed on the Official Land Zoning District Map that are located in the Shoreland Area as defined, such changes shall be made on the Official Land Zoning District Map within thirty (30) days after the amendment has been approved by the Commissioner of the Department of Environmental Protection.

Unless otherwise set forth on the Official Land Zoning District Map, district boundary lines are property lines, the centerline of streets, roads and rights of way. The boundaries of Shoreland Areas as defined shall follow such shorelines, and in the event of change in the shoreline it shall be construed as moving with the actual shore lines. Where uncertainty exists as to the exact location of district boundary lines, the Poland Board of Appeals shall be the final authority as to the location.

Sources of the exact delineation of the Aquifer Protection Overlay District shall be as delineated on the Significant Sand and Gravel Aquifer Maps 98-152, 98-155, 99-21, and 99-24 (published by the Maine Geological Survey, Maine Department of Conservation and as amended by vote of the Board of Appeals). If the official boundaries of the Aquifer Protection Overlay District are disputed due to lack of sufficient detail on the available maps, the landowner or agent may submit hydrogeologic evidence that identifies actual field locations of the aquifer boundaries within the project area to support any claim. The evidence shall be prepared by a State of Maine certified Geologist with expertise in hydrogeology. The Poland Board of Appeals shall be the final authority as to boundary location.

Where a Zoning District Boundary line divides a lot or parcel of land of the same ownership of record at the time such line is established by adoption or amendment of this Code, the regulations applicable to the less restricted portion of the lot, except in the Shoreland Districts, may be extended not more than fifty (50) feet into the more restrictive portion of the lot.

This Chapter allows the normal upkeep and maintenance of legal non-conforming uses and structures including repairs or renovations which do not involve expansion of the non-conforming use or structure, and such other changes in a non-conforming use or structure as Federal, State, and local building and safety Codes may require. Such repair and maintenance shall comply with the Town of Poland Building Code.

A legal non-conforming 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. Should the expansion of the nonconforming structure require Site Plan Review, approval shall be obtained prior to any expansion.

b. Expansion of an accessory structure that is located closer to the normal high-water line of a water body or upland edge of a wetland than the principal structure is prohibited even if the expansion will not increase non-conformity with the water body or wetland setback requirement.

c. For structures located less than seventy-five (75) feet from the normal high-water line of a water body or upland edge of a wetland, the maximum combined total floor area for all structures is one thousand (1,000) square feet, and the maximum height of any structure is twenty (20) feet or the height of the existing structure, whichever is greater. Section a. above shall apply.

d. For structures located less than one hundred (100) feet from the normal high-water line of a Great Pond, the maximum combined total floor area for all structures is one thousand five hundred (1,500) square feet, and the maximum height of any structure is twenty-five (25) feet or the height of the existing structure, whichever is greater, except that any portion of those structures located less than seventy-five (75) feet from the normal high-water line of a water body or upland edge of a wetland must meet the floor area and height limits of Section c. above.

2. Special expansion allowance. Existing principal and accessory structures that exceed the floor area or height limits set in Sections A.1.c and d above may not be expanded except that the limits may be exceeded by not more than five hundred (500) square feet provided that all of the following requirements are met:

b. A well-distributed stand of trees and other vegetation extends at least fifty (50) feet in depth as measured from the normal high-water line of a water body or upland edge of a wetland for the entire width of the property as documented by photographs. A “well-distributed stand of trees and other vegetation” adjacent to a Great Pond classified GPA or a river flowing to a Great Pond classified GPA is defined as maintaining a rating score of twelve (12) or more in any 25-foot by 25-foot square (625 square feet) area as determined by the following rating system;

If a well-distributed stand of trees and other vegetation meeting the requirements of this Subparagraph is not present, the five hundred (500) square foot special expansion allowance may be permitted only in conjunction with a Written Plan, including a scaled site drawing, and approved by the Planning Board or its designee, to reestablish a buffer of trees, shrubs, and other ground cover within fifty (50) feet of the shoreline using the standards contained in Section 5-104.3.A.3 below;

c. Adjacent to Great Ponds, except for the allowable footpath, there exists complete natural ground cover consisting of forest duff, shrubs and other woody and herbaceous vegetation within fifty ( 50) feet 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 while the area is returning to its natural state; and

[2] Roofs and associated drainage systems, driveways, parking areas, and other non-vegetated surfaces must be designed or modified, as necessary, to prevent concentrated flow of storm water runoff from reaching a water body 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 Section 5-104.3.A.2.b and the ground cover requirements of Section 5-104.3.A.2.c 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 less 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.

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 fourteen (14) days of the issuance of the permit.

6. Construction or enlargement of a foundation beneath the existing structure shall not be considered an expansion of the structure provided: that the new foundation is placed such that the setback requirement is met to the greatest practical extent as determined by the Planning Board, basing its decision on the criteria specified in Section 5-104.3.B, Relocation, below; that the completed foundation does not extend beyond the exterior dimensions of the structure; and that the foundation does not cause the height of a structure to be elevated by more than three (3) additional feet above the height of the structure as measured before the addition of a foundation.

A non-conforming structure may be relocated within the boundaries of a parcel on which the structure is located provided that the site of relocation conforms to all setbacks requirements to the greatest practical extent as determined by the Planning Board , and provided that the applicant demonstrates that the present subsurface wastewater disposal system meets the requirement of the State law and State of Maine Subsurface Wastewater Disposal Rules, or that a new system will 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 non-conforming and that any foundation does not cause the height of a structure to be elevated by more than three (3) additional feet above the height of the structure as measured before the addition of a foundation.

1. In determining whether the building relocation meets the setback to the greatest practical extent, the Planning Board 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 the adjacent properties, the location of the septic system and other on-site soils suitable for septic systems, and the type and amount of vegetation to be removed to accomplish the relocation.

a. Any non-conforming structure which is located less 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 more than fifty (50) percent of the market value of the structure before such damage or destruction, may be reconstructed or replaced provided a permit is obtained within one (1) year of the date of damage or destruction, and provided such reconstruction or replacement is in compliance with the water setback requirement to the greatest practical extent as determined by the Planning Board in accordance with the purpose of this Code. In determining whether the building reconstruction or replacement meets the water setback to the greatest practical extent, the Planning Board shall consider, in addition to the criteria in Section 5-103.B (Relocation) above, the physical condition and type of foundation present, if any.

b. Any non-conforming structure which is located less than the required setback from the normal high-water line of a water body, tributary stream, or upland edge of a wetland which is damaged by fifty (50) percent or less of the market value of the structure, excluding normal maintenance and repair, may be reconstructed in place to its pre-damaged condition with a permit from the Code Enforcement Officer. Permits for reconstruction shall be obtained within one (1) year of the date of said damage.

a. Any nonconforming structure which is damaged or destroyed by more than fifty (50) percent of the market value of the structure, excluding normal maintenance and repair may be reconstructed if a permit is obtained for the structure(s) from the Code Enforcement Officer within one (1) year of said damage or destruction, and the damaged structure(s) shall comply with all setback requirements.

b. Any nonconforming structure, damaged by fifty (50) percent or less of the market value of the structure, excluding normal maintenance and repair, may be rebuilt provided a permit shall be obtained within one (1) year of the date of said damage. In addition, the provisions of Chapter 7, Floodplain Management Standards, shall be met.

Expansion of legal nonconforming uses not to exceed fifty (50) percent, from the date the use became nonconforming, of the total floor area of all structures and/or impervious surfaces and/or storage areas for the lifetime of any nonconforming use on the property, 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 below:

A lot, building or structure in or on which a legal non-conforming use is discontinued for a period exceeding one (1) year, or which is superseded by a conforming use, may not again be devoted to a non-conforming use except that the Planning Board may, for good cause shown by the applicant, grant up to one (1) 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 at any time during the preceding five (5) year period.

An existing legal non-conforming use may be changed to another non-conforming use provided that 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. The determination of no greater adverse impact shall be made according to the criteria in Section 5-104.4.A Paragraphs 1 through 8, above.

An undeveloped legal non-conforming lot of record as of the effective date of this Code 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 Chapter except lot size and road frontage can be met except in the Shoreland Area where the following shall apply:

1. The structure is centered in the lot as reasonably as possible (this means that the structure being built will have the narrowest dimension from side lot line to side lot line). Side set back on the principal structure may be reduced by special exception, by the Planning Board, to no less then thirty (30) feet;

If two contiguous lots or parcels are in a single or joint ownership of record at the time of adoption of this Code, if all or part of the lot does not meet the dimensional requirements of this Chapter, and if a principal use or structure, which principal structure is not a shed, garage or similar accessory 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, which principal structure is not a shed, garage or similar accessory structure, existed on a single lot of record on the effective date of this Code, each may be sold on a separate lot except in the Shoreland Area 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 Chapter.

If two or more contiguous lots or parcels are in single or joint ownership (owned by the same person or persons) of record at the time of or since adoption or amendment of this Code, if any of these lots do not individually meet the dimensional requirements of this Code or subsequent amendments to the same, and if one or more of the lots are vacant or contain no principal structure the lots shall be combined. This Section shall not be interpreted to require two or more legally conforming lots of record, owned by the same person or persons, on or before the effective date of this Code, that become nonconforming by adoption of this Code or subsequent amendments, to be combined.

To preserve, enhance and continue existing mixed use development patterns that are characteristic of New England Village Centers; to allow for additional residential development; to allow non-residential development that is compatible with residential neighborhoods and village settings; to allow development that is consistent with historical land use patterns; to encourage the preservation of historically significant structures; to preserve the primarily residential nature of the Town’s existing Villages; and to reflect the differing needs and varying conditions of Poland’s Villages.

To encourage the continuation, enhancement, and preservation of historically significant sites and structures in Poland; to enhance structures designated on the National Register of Historic Places; to encourage land uses which are compatible with the integrity and use of historic places and structures; and to recognize the diversity and differing needs of various historic areas.

To provide areas throughout Poland specifically for low density residential development where such development would not place an undue burden on the Town to provide a transitional area between more intensively used Village Districts and Farm and Forest Districts; and to recognize the diverse needs and varying resource conditions in Poland.

To preserve the rural character of the Town by encouraging the retention of existing farmland, forest land and open space; to encourage and promote agricultural and forest management activities and provide land areas within Poland where agriculture and forestry can co-exist with limited residential development; to allow business related to agriculture and forestry; and to recognize the diverse conditions, needs and resource limitations of Poland’s rural areas.

To provide for and encourage the development of businesses and industries in close proximity to transportation networks, as well as similar areas in adjacent communities where water and sewer services could be provided; to enhance the tax base of the community and provide jobs; to allow commercial and industrial growth that is consistent with the natural resource limitations of the community; and reflecting the differing conditions, opportunities and limitations of various areas.

b. Rainfall replenishes the aquifers through a process known as recharge. Increasing density of development creates impervious surfaces (areas, which water, cannot penetrate to reach ground water) which decrease the amount of water available for use from these aquifers. Diminishing recharge areas decrease the amount of water available to dilute pollutants;

c. The most likely sources of toxic waste pollution are not necessarily large industries, but often small businesses such as gas stations, dry cleaners and automotive shops. Other pollution problems result from elevated concentration of nitrates, and are linked to more common land uses such as household septic systems and uses of fertilizers for recreational facilities and agriculture;

d. Because of the expansion of area water extraction companies, and the rapid residential development within the Town of Poland in recent years and the possibility exist that future water quality and quantity may be adversely affected unless timely and appropriate resource management steps are taken; and

e. Furthermore, changes in the Federal Drinking Water Standards may require the Town of Poland, for its school systems to undertake additional treatment processes, which could entail significant future cost. Maintaining the high quality of underground water sources such as found in the Poland aquifers, will give the Town flexibility in the future when considering options for the efficient delivery of drinking water.

The boundaries of the Aquifer Protection Overlay District shall be as delineated on the Significant Sand and Gravel Aquifer Maps 98-152, 98-155, 99-21, and 99-24 (published by the Maine Geological Survey, Maine Department of Conservation and as amended by vote of the Board of Appeals). The Aquifer Protection Overlay District requirements apply concurrently with the requirements for the underlying zoning district. Where a conflict exists between the Aquifer Protection Overlay District requirements and the underlying zoning district requirements, the more restrictive requirements shall apply.

Unless otherwise set forth on the Official Land Zoning District Map, Aquifer Protection Overlay boundary lines shall be as delineated on the Significant Sand and Gravel Aquifer Maps 98-152, 98-155, 99-21, and 99-24 (published by the Maine Geological Survey, Maine Department of Conservation and as amended by vote of the Board of Appeals).

If the official boundaries of the Aquifer Protection Overlay Districts as delineated on the Zoning Maps are disputed due to lack of sufficient detail on the available map, the landowner or agent may submit hydrogeologic evidence to support any claim. The evidence shall be prepared by a State of Maine certified Geologist with expertise in hydrogeology. The Poland Board of Appeals shall be the final authority as to boundary location.

All buildings or structures hereafter erected, reconstructed, altered, enlarged, or relocated, and uses of premises in the Town shall be in conformity with the provisions of this Code. No building, structures, land or water area shall be used for any purpose or in any manner except as permitted within the District in which such building, structure, land and water area is located.

Lots in each District shall meet or exceed the following minimum space and bulk standards (variations in bulk and space standards may be allowed in other Sections of this Chapter or Code). After the effective date of this Code, no lot shall be created or reduced below the minimum standards unless allowed by other provisions of this Code.

1. Exception: For wetlands that are not shown on the Zoning Map or on the State of Maine’s maps of Significant Wetlands for the Town of Poland, that are not considered vernal pools, and that are being considered for land divisions for three (3) or fewer lots may allow the following: (FPN: EPA & DEP are requiring protection of vernal pools and the town will need to adopt language for such.)

A lot abutting a Great Pond, river, stream or other water bodies and wetlands, shall have a minimum shore frontage of two hundred (200) feet, measured in a straight line between the points of intersection of the side lot lines with the shoreline at normal high water elevation or upland edge of a wetland.

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 ninety (90) feet, may be designed so that they have a minimum of fifty (50) 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. The number of lots on any given cul-de-sac shall be limited to three (3).

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, lot width and road frontage requirements except as may be allowed under specific sections of this Code. 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 allowed in Section 5-104.5.

More than one principal structure may be placed on a single lot after receiving Planning Board approval providing the lot conforms to the minimum space and bulk standards as outlined in this Chapter for the district that the lot is in. Also, all renovated or new buildings on the lot, principal or accessory, shall meet the minimum requirements for building construction according to Chapter 11.

Aquifer Protection Overlay District requirements apply concurrently with the Lot Coverage requirements for the underlying zoning district. Where a conflict exists between the Aquifer Protection Overlay District requirements and the underlying zoning district requirements, the more restrictive shall apply.

1. No individual retail store shall have more than fifty thousand square feet (50,000 ft²) of gross floor space. This does not prevent a structure or single parcel of land from having multiple retail stores with each store having different proprietors and with each retail store being allowed up to fifty thousand square feet (50,000 ft²) of gross floor space.

The first floor elevation or openings of all buildings and structures including basements shall be elevated at least one (1) foot above the elevation of the 100-year flood, the flood of record, or in absence of these, the flood as defined by soil types identified as recent floodplain 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 severe erosion, mass soil movement, improper drainage, and water pollution, whether during or after construction. Proposed uses requiring subsurface wastewater disposal, and commercial or industrial development and other similar intensive land uses, may require a Soils Report based on an on-site investigation and be prepared by State-certified professionals. Certified persons may include State of Maine licensed Soil Evaluator, State of Maine certified Soil Scientist, State of Maine registered Professional Engineer and State of Maine certified Geologist. The Report shall be based upon 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. In cases of proposed structural development or other similar intensive land uses, developers shall demonstrate that their project will not be located on wetlands, slopes in excess of twenty (20) percent, or floodplains. Suitability consideration shall be based primarily on suitability as described by the National Cooperative Soil Survey and modified by on-site factors such as depth to water table and depth to refusal. On slopes in excess of twenty (20) percent developers shall retain trees and other natural vegetation to stabilize hillside nutrient runoff.

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 Code Enforcement Officer or Planning Board, 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 Code Enforcement Officer or Planning Board. The Code Enforcement Officer or Planning Board shall consider comments received from the Commission prior to rendering a decision on the application and shall require that archaeological sites and historic places be protected to the maximum extent possible in accordance with the Commission’s recommendation.

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 Poland and to protect property values and traditional residential characteristics.