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ORDINANCE AMENDMENT # 3
DRAFT FIRST READING LANGUAGE
AMENDMENT TO ROUTE 3 COMMERCIAL DISTRICT
PROPOSAL TO REQUIRE GREATER SETBACK & BUFFER ZONE FOR CERTAIN PROPERTIES
OCTOBER 5, 2007 COUNCIL MEETING
NOTES TO READER:
Note # 1:
The Council adopted amendments to the Route 3 Commercial District at its meeting
of October 2, 2007. The proposed amendments identified in this draft are based
on language in the Code, as such was amended on October 2nd.
Note # 2:
All language proposed to be added to the Ordinance is shown in
bold, italics and underline font. All language proposed to be
deleted from the Ordinance is shown in bold and strike-through
font. All other language is existing language and is not proposed to be
amended.
CITY CODE OF ORDINANCES
CHAPTER 102, ZONING
ARTICLE V, DISTRICT REGULATIONS
DIVISION 24.
ROUTE 3 COMMERCIAL DISTRICT
Sec. 102-767. Permitted uses requiring CEO
review.
{Note to Reader – No Changes Required}.
Sec. 102-768. Permitted uses requiring planning
board review.
{Note to Reader – No Changes Required}.
Sec. 102-768-A. Special Uses Requiring Planning
Board Review.
{Note to Reader – No Changes Required}.
Sec. 102-769. Prohibited uses.
{Note to Reader – No Changes Required}.
Sec. 102-770. Applicability of shoreland zoning
and floodplain regulations.
{Note to Reader – No Changes Required}.
Sec. 102-771. Dimensional and density
standards.
(a) Minimum lot size requirement.
{Note to Reader – No Changes
Required}.
(b) Minimum lot frontage requirement.
{Note to Reader – No Changes
Required}.
(c) Minimum setback requirements.
(1) The minimum setback requirements for a
single-family or two-family dwelling structure and any accessory structure to
these uses are as follows:
Front: 30 feet;
Side: 15 feet; and
Rear: 15 feet.
(2) The minimum setback requirements for a
nonresidential use are identified in the article IX, division 3 performance
standards, reference sections 102-1183, 102-1184 and 102-1185.
(3) All setbacks shall be measured from the
property line, and the applicant shall be responsible for verifying that all
setback requirements are met. The applicant shall provide a survey to identify
property lines and setback requirements, unless the code enforcement officer or
planning board deems that a survey is not practical or warranted. In such cases,
the applicant may use a MDOT or city road layout or right-of-way, a property
deed or similar information to determine the minimum amount of setback
required.
(4)
Notwithstanding the provisions identified in (1) and (2) above, any use or
structure proposed for the following properties, Map 5, Lots 11, 19, 19A, 21, 23
and 36A, as such were shown on the October 2, 2007 City Tax Assessor Maps, shall
satisfy the following minimum setback requirements:
Front: 200 feet
from Route 3/Belmont Avenue and the amount identified in the
Article IX, Performance Standards, Division 3,
Nonresidential Development Standards – Route 3 Commercial
Distric, for a use or structure that does not have frontage on
Route 3/Belmont Avenue.
Side: 15 feet
Rear: 15 feet
Such side and rear
structure setback requirements, however, may be modified to
comply with requirements of the Article IX, Performance Standards, Division 3,
Nonresidential Development Standards – Route 3 Commercial
District.
(d) Structure height. {Note to
Reader – No Changes Required}.
(e) Density standard. {Note to
Reader – No Changes Required}.
(f) Residential and nonresidential
planned unit development.
{Note to Reader – No Changes Required}.
(Ord. No. 48-2001, 1-23-2001)
Sec. 102-772. Performance standards.
All nonresidential uses proposed in the Route 3
Commercial District, except those subject to the provisions of Section
102-768-A, shall comply with the article IX, division 3 nonresidential
development performance standards.
(Ord. No. 48-2001, 1-23-2001) |
