To protect the health, safety and general welfare of the residents of the town of Canton by establishing minimum standards for new, expansions to or a change in commercial use.
SECTION II. Authority and Administration
A. This Ordinance is adopted and hereafter amended pursuant and consistent with Article VIII-A of the State of Maine Constitution, Title 30 MRSA Section 1917, "Ordinance Power Limited" (Home Rule).
B. The Planning Board shall administer and the Code Enforcement Officer shall enforce this Ordinance.
C. No person shall construct, develop, establish, expand or change a commercial use without first obtaining a permit from the Planning Board.
SECTION III. Applicability
A. This Ordinance shall apply to all proposals for new, expansions to or a change in commercial use.
B. Existing commercial uses may continue, be repaired, maintain or improved but any extension or expansions to must be in conformity with the provisions of this ordinance.
C. An existing commercial use which is destroyed unintentionally which does not conform to the provisions of this Ordinance may be rebuilt provided that it is not made more non-conforming and rebuilding is commenced within two years after the destruction.
SECTION IV. Minimum lot Size and Lot Coverage Specifications
A. For those areas served by public sewer and water, a minimum of 7,500 square feet shall be required.
B. For those areas not served by public water and sewer, a minimum of 20,000 square feet shall be required.
C. Structures, parking lots, outside storage and other impervious surfaces shall not cover more than 75% of the lot.
D. No more than one commercial use may be established on a single lot unless all dimensional requirements are met for each separate use.
E. A minimum frontage of 100 feet and minimum setbacks of 25 feet from the rights-of-way, easements and/or abutting property owners shall be required on all commercial lots.
SECTION V. Application Procedure
A. Applications for permits shall be submitted in writing to the Planning Board on forms provided by the Board. The Planning Board may require the submission of whatever information necessary to determine conformance with the provisions of this Ordinance.
B. Any commercial final application shall have a public hearing before final action by the Planning Board.
C. Procedure for administering permits Within 30 days of the date of receiving a written application, the Planning Board shall notify the applicant in writing either that the application is a complete application, or if the application is incomplete, the specific material needed to make a complete application. Upon the Planning Board's determination that it has received a completed application, a public hearing shall be scheduled. All permits shall be either approved or denied in writing within 30 days of the date following the public hearing. Permits shall not be denied if the proposed use is found to be in conformance with the provisions of this Ordinance. Permits may be subject to reasonable conditions to insure conformity with the purposes and provisions of this Ordinance. If a permit is denied, the reasons for the denial shall be stated in writing. An appeal to the Board of Appeals for an approval or denial shall be made within 30 days of the approval or denial.
D. The application fee shall be set annually by the Board of Selectmen.
SECTION VI. Performance Standards
The following standards are to be used by the Planning Board in judging commercial use applications and shall serve as a minimum requirements for approval. In all instances, the burden of proof shall be on the applicant and such burden of proof shall include the production of evidence necessary to complete the application.
A. Relationship of the proposed structures to the environment: Proposed structures shall be related harmoniously to the terrain and to existing buildings in the vicinity which have a visual relationship to the proposed structures. Special attention shall be paid to the bulk, location and height of the structure(s) and such natural features as slope, soil type and drainage ways.
B. Vehicular Access: The proposed site layout shall provide for safe entrances and exits from public and private roads by providing adequate location, numbers and control of access points including site distances, turning lanes and traffic flow on the municipal road system.
C. Parking and Circulation: The layout and design of all means of vehicular and pedestrian circulation, including walkways, interior drives and parking areas shall provide for safe interior circulation, separation of pedestrian and vehicular traffic, service traffic, loading areas and arrangement and use of parking areas.
D. Existing utilities: The development shall not impose an unreasonable burden on sewers, sanitary and storm drains, water lines or other public utilities.
E. Advertising Features: The size, location, design, lighting and materials of all exterior signs and outdoor advertising structures or features shall not detract from the proposed structures and the surrounding properties.
F. Special Features of the Development: Exposed storage areas, exposed machinery installation, service areas, truck loading areas, utility and similar structures shall have sufficient setbacks and screening to provide an audio-visual buffer sufficient to minimize their adverse impact on the other land uses within the development area and surrounding properties.
G. Emergency Vehicle Access: Provisions shall be made providing and maintaining convenient and safe emergency vehicle access to all structures at all time.
H. Municipal Services: The development shall not have an unreasonable adverse impact on the municipal services including municipal road systems, fire department, solid waste program, sewage treatment plant, schools, open space, recreational programs and facilities and other municipal services and facilities.
I. Noise Levels: The development shall not raise noise levels to the extent that abutting property owners and/or nearby residents are adversely affected.
J. Solid Waste: Residual wastes from both the construction and the operation of the development shall be disposed in a sound environmental manner and in accordance with applicable local, state and federal laws, rules and regulations.
SECTION VII. Validity and Separability and Conflict With Other Ordinances
A. Validity and Separability: Should any section or provision of this Ordinance be declared by any court to be invalid, such decision shall not invalidate any other section of the Ordinance.
B. Conflict With Other Ordinances: Whenever the requirements of this Ordinance are inconsistent with the requirements of any other ordinance, code or statute, the more restrictive requirements shall apply.
SECTION VIII. Enforcement
The Code Enforcement Officer may seek to enjoin anyone from an activity in a manner contrary to the provisions of this Ordinance. The enforcement and penalty provisions of Title 30.MRSA s4966 are hereby made applicable to every existing Land Use Ordinance of the Municipality of Canton, Maine, as said Ordinances are enumerated or otherwise incorporated by reference in said Statute, and the enforcement of penalty provisions of said Ordinance which are consistent with said 30 MRSA s4966 are hereby repealed.
The enforcement and penalty provisions of every other Ordinance of the Municipality of Canton, Maine, not subject to said 30 MRSA s4966 are hereby amended by declaring that the violation of any said Ordinance is a Class E Crime subject to the penalty provisions 17-A MRSA ss1252-1330.
SECTION IX. Appeals
A. Any aggrieved person or party may appeal the provisions of this Ordinance to the Board of Appeals of The Town of Canton.
B. The Board of Appeals for the Town of Canton shall function in accordance with Title 30 MRSA Sections 2411 and 4963.
C. Powers and duties of the Board of Appeals:
1. Administrative Appeals: To consider alleged error(s) in the procedures by the Planning Board or Code Enforcement Officer in the administration or enforcement of this Ordinance.
2. Variance Appeals: To consider if, in specific cases, a relaxation of the terms of this Ordinance would be contrary to the public interest and intent of this Ordinance or if , owing to the unique conditions of the property and not to the result of the actions of the applicant, literal enforcement would cause undue hardship.
a. The crucial points of variance are undue hardship and unique circumstances applying to the property. Both of these elements must be present to grant a variance.
b. A variance is only authorized for an area and dimensional requirements of this Ordinance.
D. Filing Procedures: In all cases, a person aggrieved by a decision of the Planning Board (Code Enforcement Officer) shall commence his appeal within 30 days after a decision is made by the Planning Board (Code Enforcement Officer). The appeal shall be filed with the Board of Appeals on forms approved by the Board, and the aggrieved person shall specifically set forth on the form the grounds for appeal.
E. Hearing: Following the filing of an appeal and before taking action on any appeal, the Board Of Appeals shall hold a public hearing on the appeal within 30 days. The Board of Appeals shall notify the Code Enforcement Officer, Board of Selectmen and Planning Board, at least 20 days in advance, of the time and place of the hearing, and shall publish notice of the hearing at least 10 days in advance in a newspaper of general circulation in the area.
SECTION X. Amendments
This Ordinance may be amended by a majority vote of the Town Meeting. Amendments may be initiated by a majority vote of the Planning Board or by request of the Board of Selectmen to the Planning Board or on petition of 10% of the votes cast in the last gubernatorial election in the town. The Planning Board shall conduct a public hearing on any proposed amendment.
SECTION XI. Definitions
Commercial: Provisions for services on the premises, or sale of goods, to the general public on a regular basis for a charge or fee; the fabrication, manufacturing, storage, servicing, processing or shopping of products; home occupation as defined herein is not commerce.
Home Occupations; An occupation or profession which is carried on in no more than 25% of the floor space of a family dwelling by the full-time permanent occupants of the dwelling, with no other part-time or Full-time employee(s), which is clearly incidental and secondary to the use of the dwelling for residential purposes and which does not change the character thereof (by the way of illustration and not limitation, the term home occupation shall include foods such as breads, cookies and preserves, rugs, birdhouses, fishing flies and quilts). The term home occupation shall include both professional and personal services. A retail sales outlet does not qualify as home business unless the item sold is a product of the owner's labor,(e.g. manufactured, produced, created, grown).
Residual Wastes: Residual wastes shall include all waste materials from activities occurring on the property and shall include, but not be limited to, solid wastes, hazardous wastes and sludges.