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Limington Maine
Annual Town Meeting March 2nd, 2001
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Referendum Election

Full Text of Proposed Zoning Changes

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ANNUAL TOWN MEETING - MUNICIPAL ELECTION
MARCH 2, 2001 - LIMINGTON MAINE
[SAMPLE BALLOT]
Instructions to voter:  Place a cross (X) or a check () in the square to the left of the nominee for whom you wish to vote.  Follow directions as to the number of nominees to be elected to each office.  You may vote for a person whose name does not appear on the ballot by writing the name in the proper blank space.  Names written in must show the municipality of residence of each written candidate.  Do not erase on this ballot, if you make a mistake you may ask for a new ballot.
SELECTMEN, ASSESSOR &
OVERSEER OF POOR

3 year term
  CYR, ROBERT
  DOUGHTY, DENNIS
  MADDOCKS, KATHLEEN
  YORK, MICHAEL SR.
  _________________________

PLANNING BOARD MEMBER - VOTE FOR 3
3 year term
  BLAKE, STANLEY JR.
  PERKINS, RONALD
  ROSE, KREG
  WALKER, WENDY
  _________________________
  _________________________
  _________________________

ROAD COMMISSIONER
3 year term
  LEWIS, CALVIN
  _________________________

TOWN CLERK
3 year term
  RAMSDELL, PATRICIA
  _________________________

TREASURER
3 year term
  RAMSDELL, PATRICIA
  _________________________

TAX COLLECTOR
3 year term
  RAMSDELL, PATRICIA
  _________________________

TRUSTEE TO DAVIS MEMORIAL LIBRARY
5 year term
  DAVIS, GRACE
  _________________________

DIRECTOR TO M.S.A.D.#6 SCHOOL BOARD
3 year term
  ALLEN, LAURIE
  _________________________

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ANNUAL TOWN MEETING - REFERENDUM ELECTION
MARCH 2, 2001 - LIMINGTON MAINE
[SAMPLE BALLOT]
Instructions to voter:  Place a cross (X) or a check () in the square to the left of the YES or NO, for each referedum question.  Do not erase on this ballot, if you make a mistake you may ask for a new ballot.
1. YES   or   NO
Do you favor amending the Land Use and Dimension Requirements Tables which:
* Allow the CEO to grant permits for Duplexes in Rural and Residential Zones
* Set permit guidelines for Wireless Communication Facilities
* Increase lot-line setbacks form 100% to 150% of height for structures?

2. YES   or   NO
Do you favor amending section 7.1, Access to Lots which relieves access road/driveway construction requirements for private residences?

3. YES   or   NO
Do you favor amending section 7.13.B.2 which allows for free-standing signs in the commercial district as long as established requirements are met?

4. YES   or   NO
Do you favor adding section 8.19 titled "Wireless Telecommunications Facilites" to the Performance Standards?

5. YES   or   NO
Do you favor adding section 8.20 titled "Miscellaneous" to the Performance Standards to capture items that do not fit under any other section with an initial addendum to govern RV's as dwelling units?

6. YES   or   NO
Do you favor amending the Definitions section to add/modify terms refered to elsewhere in the zoning ordinance?

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FULL TEXT OF PROPOSED
ZONING CHANGES

Question 1:

Do you favor amending the Land Use and Dimension Requirements Tables which:
* Allow the CEO to grant permits for Duplexes in Rural and Residential Zones
* Set permit guidelines for Wireless Communication Facilities
* Increase lot-line setbacks form 100% to 150% of height for structures?
LAND USE AND DIMENSIONAL REQUIREMENT TABLE AMENDMENTS

SECTIONORIGINALPROPOSED CHANGE
6.2 LAND USE TABLE - NUMBER 16B
RCRURE/VC
Multi-Family DwellingNPBPBCO
RCRURE/VC
DUPLEXNCOCOCO
6.2 LAND USE TABLE - NUMBER 35A  
RCRURE/VC
Multi-Family Dwelling
three to four
NPBPBPB
6.2 LAND USE TABLE - NUMBER 35B  
RCRURE/VC
Wireless
Communication
Facilities
NPBPBPB
6.3.B
(Add to Note B)
Dimensional standards for commercial/industrial uses in the commercial district will be established on a case-by-case basis by the Limington Planning Board to achieve full effective use of the district area while assuring public convenience and safety and protecting valuable town resources. Under no circumstances shall a lot be less than 1.5 acres. In cases where the C.E.O. has the authority to issue a permit the setbacks may be approved by the C.E.O. as long as the setbacks are at least equal to those in the rural district.
6.3 Dimensional Requirements
(Change)
Lots and structures in all districts shall meet or exceed the following minimum requirements. Height requirements do not apply to flagpoles, chimneys, transmission towers, steeples, windmills or similar structures usually erected at a greater height than the principal building, however such accessory structures or appurtenances require a lot line setback distance of no less than its height. Lots and structures in all districts shall meet or exceed the following minimum requirements. Height requirements do not apply to flagpoles, chimneys, transmission towers, steeples, windmills or similar structures usually erected at a greater height than the principal building, however such accessory structures or appurtenances require a lot line setback distance of no less than 150% of it's height.


Question 2:

Do you favor amending section 7.1, Access to Lots which relieves access road/driveway construction requirements for private residences?
ACCESS TO LOTS

SECTIONORIGINALPROPOSED CHANGE
7.1.B
(Change)
No building permit shall be issued to erect a structure which is located more than 100 feet from a public or private road unless an access road meeting the construction standards of Section 7.1A has been constructed. A private road that existed and is shown on the Town Street Map (911 map dated _____, except roads located in the Resource Conservation District, may be used to provide access to and street frontage for a residential lot upon certification by the Code Enforcement Officer (C.E.O.) that:
1. Based upon the recommendation of the Fire Chief and the Road Commissioner that the road provides adequate all-season emergency access for the existing and proposed use, and

2. Legally binding arrangements exist to provide for the long-term maintenance of the road.

If the Code Enforcement Officer determines that the existing private road does not provide adequate all-season emergency access, the C.E.O. shall provide written improvement requirements to be made to the road to improve emergency access. The applicant shall be responsible for making the proposed improvements. No occupancy permit shall be issued until the road improvements are completed.
7.1.C
(New)
  NUMBER OF RESIDENCES SERVED BY WAY
Feature12 or More
Roadway width12 feet16 feet
Minimum sub-base of heavy road gravel12 inches15 inches
Wearing surface of fine gravel2 inches2 inches
Maximum lengthNoneNone
Maximum grade15%15%
Minimum grade0.5%0.5%
TurnaroundHammerhead or THammerhead or T
Stormwater DrainageApproval of Road Commissioner
7.1.D
(Change and addition)
No building permit shall be issued to erect a structure which is located more than 100 feet from a public or private road unless an access road meeting the construction standards of Section 7.1.A has been constructed. No building permit shall be issued to erect a new dwelling unless an access road meeting the construction standards above has been constructed and minimum road frontage standards are met (see Dimensional Requirements table 6.3).


Question 3:

Do you favor amending section 7.13.B.2 which allows for free-standing signs in the commercial district as long as established requirements are met?
FREE STANDING SIGNS IN COMMERCIAL ZONE

SECTIONORIGINALPROPOSED CHANGE
7.13.B.2
(Change B.2)
No free-standing signs shall be permitted Free-standing business signs shall be permitted in connection with any legal business or industry and shall meet the following requirements.
a.
Setback from the center of the road shall be a minimum of thirty-three (33) feet.
b.
A free-standing sign shall not impair a driver's normal sight distance.
c.
All signs shall be maintained in good condition and repair.
d.
Maximum height for business signs shall not exceed fifteen (15) feet.
e.
For individual business establishments a maximum of one (1) double sided sign shall be permitted. Total sign area for double sided sign (2 exposed faces) shall not exceed fifty (50) square feet, single sided sign (1 exposed face) shall not exceed twenty-five (25) square feet.
f.
For multi-establishment businesses, such as shopping centers or office complexes, a maximum of one (1) directory sign with the total of two exposed faces not to exceed seventy-five (75) square feet in size, plus one (1) identification sign for each business within the complex not to exceed twenty-four (24) square feet in size shall be permitted on the directory sign, with a maximum aggregate size of two hundred eighty-eight (288) square feet for directory signs.


Question 4:

Do you favor adding section 8.19 titled "Wireless Telecommunications Facilites" to the Performance Standards?
WIRELESS TELECOMMUNICATIONS FACILITIES

SECTIONORIGINALPROPOSED CHANGE
SECTION 8.19
Wireless Tele- communications Facilities
(Add Section)
  A. Design Criteria
The tower shall be a free-standing monopole design. Lattice style towers and similar facilities requiring three or more legs and/or guy wires for support are not allowed unless the Board determines that a monopole is not suitable for the location and that the best interest of the Town will be served by the construction of a lattice style tower.
1.
Carrier Capacity:
Wireless telecommunications towers shall be designed to accommodate multiple carriers.
2.
The tower shall be designed to diminish visual impact.
3.
Fencing shall be provided to control access to wireless telecommunication facilities. There shall be no razor wire used, unless it is requested by the Town Fire Chief and/or local police authority.
4.
Lighting of towers shall be prohibited unless required by the Federal Aviation Administration. Lighting shall be limited to that needed for emergencies.
5.
Tower height shall be limited to one hundred ninety (190) feet.

B. Setbacks
The tower shall be set back from all property lines a distance equal to at least one hundred and fifty percent (150%) of its height.

C. Applications for wireless telecommunications facilities shall include engineering justification for the need, location and height.

D. Co-location

1.
Wherever possible, wireless telecommunications equipment installations shall be placed on existing monopoles, towers, tanks, roofs, signs, or other existing manmade or natural features to make the equipment inconspicuous.
2.
New facilities shall only be considered after a finding that existing or previously approved facilities cannot reasonably provide co-location of additional carriers at industry standard rates.

E. The Code Enforcement Officer shall notify the owner of an abandoned facility in writing and order the removal of the facility within ninety (90) days of receipt of the written notice. The owner of the facility shall have thirty (30) days from the receipt of the notice to demonstrate to the Code Enforcement Officer that the facility has not been abandoned.

F. Wireless telecommunications facilities which have been abandoned for a period of twelve ( 12) consecutive months shall be removed, If the owner of a site does not remove the facility within six (6) months of abandonment the Town may enter the site and perform the work and place a lien on the property.


Question 5:

Do you favor adding section 8.20 titled "Miscellaneous" to the Performance Standards to capture items that do not fit under any other section with an initial addendum to govern RV's as dwelling units?
MISCELLANEOUS

SECTIONORIGINALPROPOSED CHANGE
8.20 Miscellaneous
(Add)
  A, No travel trailer, recreational vehicle ("RV") or similar vehicle may be used as a dwelling unit for more than one hundred twenty (120) days in any twelve (12) month period.


Question 6:

Do you favor amending the Definitions section to add/modify terms refered to elsewhere in the zoning ordinance?
DEFINITIONS

SECTIONORIGINALPROPOSED CHANGE
2.2 Definitions   ABUTTING PROPERTY: Property sharing a common boundary with or within two hundred fifty (250) feet of the property proposed for excavation, whether or not these properties are separated by a public or private way.
    ANTENNA: A device for transmitting and/or receiving electromagnetic waves, which is attached to a tower or other structure.
    CO-LOCATION: Locating wireless communications equipment from more than one provider on a single site.
    DAY: A day is defined as any part of a day.
    DRIVEWAY: A driveway is a vehicular access to one or two private lots.
    FREE-STANDING SIGN: A self-supporting sign not attached to any building, wall, or fence, but in a fixed location. This does not include portable or trailer type signs.
    NATURALLY INTERNALLY DRAINED: Areas of a site that, as a result of predevelopment topography and interim and final topography produced during development of the site, are and will remain at all times over the course of the development graded so that neither eroded materials or runoff either crosses the property boundary or enters a river, brook, stream, great pond or freshwater or coastal wetland or other protected area. Areas that rely on man-made structures to maintain internal drainage are not considered naturally internally drained.
    PORTABLE SIGNS: A sign standing on, rather than fixed to, the ground, Such signs are usually, but not necessarily, supported from the ground by one (1) or more poles or posts or similar uprights with or without braces, including benches and A or sandwich boards.
2.2 Sign: A display surface, fabric or device containing organized and related elements (letters, pictures, products, or sculptures) composed to form a single unit, designed to convey information visually and which is exposed to public view. In cases where matter is displayed in a random or unconnected manner without an organized relationship, each such component shall constitute a sign. SIGN: Any structure, display, logo, device or representation which is designed or used to advertise or call attention to any item, business, activity or place and is visible from outside a building. It does not include the flag, pennant or insignia of any nation, state or town.
    SIGN AREA: Total sign area shall be the aggregate of all exposed faces.
    TEMPORARY SIGN: Any sign erected, affixed or maintained on a premises for a short, fixed period of time including portable and/or mobile signs such as sandwich boards and signs on trailers. For purposes of measuring length of time a temporary sign is displayed, use of a sign for any length of time in a twenty-four (24) hour period shall constitute a day.

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