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Limington Zoning Ordinance
Article VII
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Article VII - PERFORMANCE STANDARDS -- GENERAL REQUIREMENTS

The following standards shall apply to all uses, both conditional and permitted, as appropriate in the various districts.

7.1   Access to Lots.

A. No building permit shall be issued to erect any structure on a lot without frontage on a public way unless an access road meeting the following criteria has been constructed within a deeded right-of-way, a minimum of fifty feet in width. The access road shall be constructed to a minimum width of fifteen feet if serving one to two dwelling units. The access road shall contain a minimum depth of fifteen inches of bank-run gravel and have drainage ditches and culverts a minimum size of fifteen inches at all appropriate points. Such an access road shall serve no more than two dwelling units. Any access road serving three or more dwelling units shall meet the road design and construction standards applicable to new private roads (see Section 7.10). The costs of road construction or improvements shall be the responsibility of the applicants and/or person(s) requesting the building permit.

B. 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.

7.2   Air Emissions/Commercial Operations.

No emission of dust, ash, smoke or other particulate matter 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 is composed of solid or liquid particles in concentrations exceeding 0.3 grains per cubic foot of the conveying gas or air at the point of emission from a chimney stack is permitted. The emission of non-farming, odorous matter in such quantities, as determined by the C.E.O., to be offensive at the lot boundaries is prohibited.

7.3   Buffer Areas.

No industrial or commercial buildings or uses shall be established in, or abut, a residential use, unless a landscaped buffer strip is provided to screen the uses visually. Where no natural vegetation can be maintained or due to varying site conditions, the landscaping 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/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.

7.4   Explosive Materials.

No flammable or explosive liquids, solids or gases shall be stored in bulk, excluding residential type uses, unless they are located at least 75 ft. from any lot line (in the case of above-ground storage), or 40 feet from any lot line (in the case of underground storage), and all materials shall be stored in a manner and location which is in compliance with applicable rules and regulations of the Maine Department of Public Safety and all other applicable federal, state, and local regulations.

7.5   Glare.

Lighting may be used to serve security, safety and operational needs, provided that it neither adversely affects abutting properties, nor impairs the vision of motorists on adjacent roadways. Lighting fixtures shall be shielded or hooded so that the lighting elements are not exposed to normal view by motorists, pedestrians, or from adjacent dwellings. Direct or indirect illumination shall not exceed 0.5 foot-candles upon abutting residential properties.

7.6   Landscaping.

The landscape shall be preserved in its natural state insofar as practical, by minimizing tree removal and grade changes in keeping with the general appearance of neighboring developed areas. Landscaping shall be designed to soften, screen, or enhance the physical design of structures and parking areas to avoid the encroachment of the proposed use on abutting land uses. All parking lots shall be landscaped along the property boundaries with shrubbery, trees and other landscape materials. Large parking lots shall provide a 2 1/2" caliper shade tree per 20 parking spaces (6 trees per acre) located at representative points throughout the lot.

7.7   Noise.

A. The maximum permissible sound pressure level of any continuous, regular or frequent source of sound produced by any activity shall be limited by the time period and land use district listed below. Sound levels shall be measured at least 4 feet above ground at the property boundary.
Sound Pressure Level Limits
(Measured in dB (a) scale)
7 a.m - 10 p.m.10 p.m. - 7 a.m.
Residential Districts7045
Commercial Districts7050

B. The levels specified may be exceeded by 10 dBA for a single 15 minute period per day. Noise shall be measured by a meter set on the A-weighted response scale, slow response. The meter shall meet the American National Standards Institute (ANSI S1. 4-1961) "American Standard Specification for General Purpose Sound Level Meters".

C. No person shall engage in construction activities, on a site abutting any residential use between the hours of 10 p.m. and 7 a.m., which exceed those limits established for residential districts. Otherwise the following activities shall be exempt from these regulations:

1. Sounds emanating from construction and maintenance activities conducted between 7a.m. - 10 p.m.

2. Sounds emanating from safety signals, warning devices, emergency pressure relief valves and other emergency activities.

3. Sounds emanating from traffic on public transportation facilities

7.8   Off-Street Parking and Loading.

A. General.

1. A permitted use in any district shall not be extended, and no structure shall be constructed or enlarged, unless off-street automobile parking space is provided in accordance with the following requirements.

2. Parking areas with more than two parking spaces shall be arranged so that it is not necessary for vehicles to back into the street.

3. Required off-street parking for all land uses shall be located on the same lot as the principal building or facility.

4. The joint use of a parking facility by two or more principal buildings or uses may be approved as an administrative appeal by the Board of Appeals 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.

5. Parking spaces shall be provided as required and made available for use prior to the issuance of the Certificate of Occupancy.

B. Additional Requirements for Commercial and Industrial Establishments.

1. Access points from a public road to commercial and industrial operations shall be so located as to minimize traffic congestion and to avoid generating traffic on local access streets of a primarily residential character.

2. All parking areas, driveways and other areas serving 10 or more vehicles shall be paved with bituminous concrete or an equivalent surfacing over a gravel sub-base at least 6" in thickness, and shall have appropriate bumper or wheel guards where needed.

3. All driveway entrances and exits shall be kept free from visual obstructions higher than three (3) feet above street level for a distance of 25 feet measured along the intersecting driveway and street lines in order to provide visibility for entering and leaving vehicles.

4. Loading facilities shall be located entirely on the same lot as the building or use to be served so that trucks, trailers, and containers for loading or storage shall not be located upon any town way.

5. The following minimum off-street loading bays or berths shall be provided and maintained in the case of new construction, alterations, and changes of use:

a. Retail, office, consumer services, wholesale, warehouse and industrial operations with a gross floor area of more than 5,000 square feet require the following:

5,001 to 20,000 sq. ft.,1 bay
20,001 to 50,000 sq. ft.,2 bays
50,001 to 100,000 sq. ft.,3 bays
100,001 to 150,000 sq. ft.,4 bays
150,001 to 300,000 sq. ft.,5 bays

b. Each 150,000 square feet over 300,000 square feet requires (1) additional bay.

No loading docks shall be on any street frontage. Provision for handling all freight shall be on those sides of any buildings which do not face on any street or proposed streets.

6. Off-street parking and loading spaces, where not enclosed within a building, shall be effectively screened from view by a continuous landscaped area not less than six feet in height and fifteen feet in width along exterior lot lines adjacent to residential properties, except that driveways shall be kept open to provide visibility for entering and leaving. No off-street parking and loading shall be permitted within the front setback or any setback adjoining a public street, except as specifically authorized in this ordinance.

C. Parking Lot Design Criteria (Not applicable to single family dwellings and duplexes).

1. Vehicular Entrance and Exit.

a. Entrances and exits should be clearly identified by the use of signs, curb cuts, and landscaping.

b. Entrance/exit design shall be in conformance with the standards of Section 7.18.

2. Interior Vehicular Circulation.

a. Major interior travel lanes should be designed to allow continuous and uninterrupted traffic movement.

b. Enclosures, such as guard rails, curbs, fences, walls, and landscaping, should be used to identify circulation patterns of parking areas and to restrict driving movements diagonally across parking aisles, but not to reduce visibility of oncoming pedestrians and vehicles.

c. Entrance/exits shall be designed to allow adequate stacking of vehicles without blocking interior vehicle circulation lanes.

3. Parking.

a. Access to parking stalls should not be from major interior travel lanes, and shall not be immediately accessible from any public way.

b. 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.

c. Parking aisles should be oriented perpendicular to stores or businesses for easy pedestrian access and visibility.

d. All parking spaces and access drives shall be at least five (5) feet from any side or rear lot line, except for the additional requirements in buffer yards.

e. Parking stalls and aisle layout shall conform to the following standards.

f. In paved parking areas painted stripes shall be used to delineate parking stalls. Stripes should be a minimum of 4" in width. Where double lines are used, they should be separated a minimum of 1'0" on center.

g. In aisles utilizing diagonal parking, arrows should be painted on the pavement to indicate proper traffic flow.

h. Bumpers and/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.

i. Parking spaces shall be provided to conform with the number required in the following schedule:

ACTIVITYMINIMUM REQUIRED PARKING
Residential
      with 2 or more bedrooms2spaces per dwelling unit
      with 1 bedroom1.5spaces per dwelling unit
Elderly Housing1space per dwelling unit
Tourist home, boarding, lodging house, motel, hotel, inn1space per room/unit rental and for each employee on the largest shift
Church1space per three seats based upon max. seating capacity
Public and Private Schools
      Primary -1.5spaces per classroom
      Secondary -8spaces per classroom
      Post-Secondary -1space for each student and 1 space for each faculty and staff member
Child care facility1space for every 4 children facility is licensed to care for
Private Clubs or Lodges1space per every seventy-five (75) square feet of floor space.
Theater, Auditoria, Public Assembly Areas1space per three seats based upon max. seating capacity
Funeral Homes1space for every 100 square feet of floor space.
Medical Care Facilities1space for every three (3) beds and every two (2) employees on the maximum working shift.
Offices, Banks1space for every 150 square feet of floor space.
Medical Offices (MD's, OD's, dentists)10spaces for each doctor, dentist, or other medical practitioner.
Veterinarian clinic, kennel5spaces/veterinarian
Retail and Service Businesses1space for every 150 sq. ft. of floor space.
Barber/beauty shop4spaces/chair.
Restaurant1space per three seats based upon max. seating capacity
Industrial Businesses 1space/employee on the maximum working shift.
Warehouse, wholesale1space/500 sq. ft. floor area business
Flea Market3spaces/table
Mixed UseTotal of individual uses.
Automobile repair garages and gasoline filling stations5spaces for each bay or area used for repair work.
Library, museum, art gallery1space for each 150 sq. ft. of floor space.
Marina1space for each boat slip and mooring.
Commercial recreation facility, 1space for each 100 sq. ft. of fitness space floor area.
Motor vehicle sales1space reserved for customers per thirty vehicles displayed on the lot.

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 if these prove to be inadequate.

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.

7.9   Refuse Disposal/Commercial-Industrial.

The applicant shall provide for the disposal of all solid and liquid wastes on a timely basis and in an environmentally safe manner. The Planning Board shall consider the impact of particular industrial or chemical wastes or by-products upon the town's facilities (in terms of volume, flammability or toxicity) and may require the applicant to dispose of such wastes elsewhere, in conformance with all applicable State and Federal regulations. The Board may require the applicant to specify the amount and exact nature of all industrial or chemical wastes to be generated by the proposed operation.

7.10   Road Construction.

A. New roads are prohibited in the Resource Conservation 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 District. No road may be constructed in the Resource Conservation District in any area where the sustained ground slope exceeds 15%.

B. Private roads constructed after the effective date of this ordinance to provide access to permitted uses shall meet or exceed the Town's road construction standards for slope, preparation, sub-base, and base (as specified in the Town's subdivision review standards).

C. Private roads, including access roads, constructed after the date of this ordinance to provide access to permitted uses in the Resource Conservation District shall meet or exceed the Town's road construction standards for preparation, sub-base, and base (as specified in the Town's subdivision review standards), and may not exceed grades of 8%, except for short segments of 200 feet or less, which may not exceed grades of 10%.

D. Compliance with the requirements of this Section, or of any other part of this Ordinance, will not entitle any builder, owner, or user of any road to have the road accepted or maintained by the Town of Limington.

7.11   Sanitary Provisions.

When two or more lots or buildings in different ownership share a common subsurface disposal system, the system shall be owned and maintained in common by an owners' association. Covenants in the deeds for each lot shall require mandatory membership in the association and provide for adequate funding of the association to assure proper maintenance of the system.

7.12   Setbacks and Screening.

A. Exposed storage areas, exposed machinery, sand and gravel extraction operations, and areas used for the storage or collection of discarded automobiles, auto parts, metals or any other articles of salvage or refuse, shall have sufficient setbacks and screening (such as a stockade fence or a dense evergreen hedge six (6) feet or more in height) to provide a visual buffer sufficient to minimize their impact on other land uses and properties in the area.

B. Where a potential safety hazard to children would be likely to arise, either from temporary or permanent activities, provisions shall be undertaken to minimize physical hazards. This may also include and not limited to physical screening sufficient to deter small children from entering the premises shall be provided and maintained in good condition or as deemed by the CEO.

7.13   Signs.

A. In the Residential Districts, only the following signs shall be permitted.

1. Signs are permitted and may be used to convey the inhabitants' names, the property name, and safety and caution messages. Such signs shall not be placed on the roof of the building and shall be no larger than two square feet.

2. Rental vacancies may be advertised with a non-illuminated sign no larger than two square feet. Such sign shall be erected only during such times as the rental property is vacant.

3. The sale of real estate may be advertised by non-illuminated temporary signs, no larger than six square feet in area. Each broker or person advertising the sale shall be permitted only one sign on any premises. All such signs shall be removed upon the date of the closing and transfer of the deed for the premises.

4. Educational and religious uses may display one sign for each building. No such sign shall be larger than twenty square feet in area.

5. Other non-residential uses may display one non-illuminated sign, not exceeding twenty square feet in area.

B. In the Commercial Zones, only the following signs shall be permitted.

1. Signs shall relate to the premises on which they are located and shall only identify the occupant of such premises or advertise the service available within said premises. There shall be no temporary promotion signs, banners, streamers or placards erected, suspended, posted or affixed in any manner outdoors or on the building exterior of premises except as provided in this ordinance. Product advertising is prohibited except where the product is generic to the business.

2. No free-standing signs shall be permitted.

3. On each premises there is permitted one sign attached to the building for each occupancy.

a. If attached to the structure by way of a frame or bracket, which overhangs a pedestrian walkway or public sidewalk, it shall not extend beyond five feet of the structure face to which attached and have a vertical height clearance between the sign bottom and/or sidewalk/pedestrian walkway of 10 feet.

b. If the proposed sign is to be attached to the structure surface without the use of overhanging frames or brackets, the "wall sign" shall not extend or project more than 12 inches from the structure surface. Cut out letters should not project more than six inches from the building wall.

c. No sign shall be permitted on the roof of any building.

d. Signs posted within a window shall not cover more than 30% of the window area.

C. Illumination of Signs.

1. No sign shall be illuminated with flashing, moving, or animated-type lights.

2. Illuminated signs shall be illuminated only with white light.

3. All internally illuminated signs shall have a dark background with light lettering or figures, to reduce glare.

D. The above regulations shall not apply to the following:

1. Flags and insignia of any government.

2. Legal notices, identification, information, or directional signs erected or required by governmental bodies.

3. Integral decorative or architectural features of buildings except letters, trade marks, moving parts, or moving or flashing lights.

4. Signs directed and guiding traffic and parking on private property, but bearing no advertising matter or commercial identification.

E. Temporary signs for special events may be posted in any district upon written permit from the code enforcement officer. The code enforcement officer shall only grant such a permit after presentation of evidence that the authorities controlling the proposed location of the sign have approved its posting. A temporary sign shall be posted for a period not to exceed twenty days. The applicant shall remove said signs upon termination of the permit. Street banners shall be no larger than fifty square feet in area. No temporary sign, other than a street banner, shall be larger than six square feet in area. Permits for hanging street banners across the public way shall be issued only upon assumption of complete liability in writing by the person, firm or corporation hanging the banner for any damage resulting from the placement of said banner. Such liability shall be acknowledged upon the application for the permit.

F. Existing non-conforming signs shall be removed within five years of the effective date of this ordinance.

7.14   Soils.

No activity shall be permitted in any area where the soil is rated severe or very severe for the proposed activity, according to the County Soil Survey of the U.S.D.A. Soil Conservation Service, unless satisfactory evidence is presented to the appropriate permitting authority, within the application for a permit, that construction methods will overcome any pertinent soil inadequacies.

7.15  Soil Erosion Control.

Erosion of soil and sedimentation of watercourses and water bodies shall be minimized by the following erosion control management practices.

A. The stripping of vegetation, removal of soil, regrading or other development of the site shall be accomplished by limiting the duration of exposure and area of the site to be disturbed. Dust control methods shall be employed during dry conditions.

B. Temporary vegetation, mulching, and/or siltation fabrics shall be used to protect critical areas during the development. Sedimentation of run-off waters shall be trapped by debris basins, silt traps, sediment basins or other methods determined acceptable by the town.

C. Permanent vegetation and/or other erosion control measures should be installed prior to completion of the construction, but no later than six months after completion of the construction.

D. The top or bottom of a cut or fill shall not be closer than ten feet to a property line unless otherwise mutually agreed to by the affected landowner and town but in no instance shall said cut or fill exceed a 3:1 slope.

7.16   Storage of Materials.

All materials stored outdoors shall be stored in such a manner as to prevent the breeding and harboring of insects, rats or other vermin. This shall be accomplished by enclosures in containers, raising materials above ground, separation of material, prevention of stagnant water, extermination procedures or other means.

7.17   Storm Water Management.

A. All new construction and development, whether or not served by a storm water collection and transportation system, shall be designed to reflect or resemble, as nearly as possible, natural runoff conditions in terms of volume, velocity and location of runoff. If runoff after development would exceed predevelopment runoff conditions, the off-site impact must be evaluated in terms of potential soil erosion and sedimentation, drainage capacity, and land use/land cover characteristics. Appropriate methods of reducing off-site impact shall be employed. Storm water management evaluations and designs shall be based on a 24-hour, 25 year recurrence interval storm.

B. All development plans shall define maintenance requirements and identify parties responsible for maintenance of the storm water control system. When methods of reducing storm water impact are necessary or desirable, storm water runoff control plans shall include:

1. Control methods effective both during and after construction;

2. Control methods compatible with upstream and downstream characteristics;

3. Documentation by the designer that increasing the volume and rate of runoff from the proposed development will not aggravate conditions downstream or upstream;

4. Provisions for on-site storage and gradual discharge of excessive flows, or contribution toward increasing downstream capacity (e.g. by enlarging existing culverts), when the channel downstream is not able to accommodate the increased volume or rate of runoff created by the proposed development;

5. Consideration of the following factors:

a. impact: on-site, downstream, upstream and basin-wide;

b. costs: initial, amortized, operation and maintenance;

c. intensity of rainfall;

d. timing of rainfall: (e.g., falling of snow or during the spring snow melt);

e. amount of precipitation in the basin during the five days preceding the storm in question;

f. hydrologic soil groups throughout the basin (i.e., the soil's rate of water infiltration and transmission);

g. hydrologic conditions throughout the basin (soil's moisture content, humus/organic content, temperature, and whether or not it is frozen);

h. vegetative cover throughout the basin (vegetation helps soil dry out after a rainfall, intercepts some precipitation during the rainfall and slows down the flow of water over the land);

i. area of land covered by impervious surfaces throughout the basin (roads, sidewalks, roofs, driveways, patios, etc.);

j. topography throughout the basin (slopes affect the rate of runoff; marshland reduces peak discharge rate by slowing down the rate of runoff);

k. size and shape of watershed (peak discharge rates are slower in long, narrow watersheds).

C. Storm water runoff systems should be designed to facilitate aquifer recharge when it is advantageous to compensate for groundwater withdrawals or reductions in infiltration. Conversely, designs should avoid recharge where groundwater effects might be harmful. Design of permanent storage facilities should consider safety, appearance, recreational use, and cost and effectiveness of maintenance operations, in addition to the primary storage function. Natural overland flows, and open drainage channel and swale locations should be the preferred alignments for major components of a residential drainage system. The use of enclosed components (such as underground piping) should be minimized where the existing natural systems are able to accommodate storm runoff. Energy dissipaters (to reduce high flow velocities) and other forms of outfall protection shall be employed where enclosed drains discharge onto erodible soils.

7.18   Timber Harvesting and Lot Clearing.

In addition to the general provisions of Section 9.7 of this Ordinance governing Conditional Use Permits, the following restrictions shall apply to Timber Harvesting and Lot Clearing in the Resource Conservation District:

A. Timber Harvesting: 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:

1. 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.

2. Timber harvesting equipment shall not use stream channels as travel routes except when:

a. Surface waters are frozen; and

b. The activity will not result in any ground disturbance.

3. 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.

4. Skid trail approaches to water crossings shall be located and designed so as to prevent water runoff from directly entering any water body or tributary stream. Upon completion of timber harvesting, temporary bridges and culverts shall be removed and areas of exposed soil revegetated.

B. Clearing of Vegetation for Development: The clearing of vegetation shall be limited to that which is necessary for uses expressly authorized in the Resource Conservation District. All clearing shall be subject to the following requirements for maximum cleared area and buffer strips:

1. There shall be no new cleared opening for a permitted use greater than 120,000 square feet in the forest canopy as measured from the outer limits of the tree crown.

2. Selective cutting of trees outside the maximum allowable cleared opening is permitted provided that a well distributed stand of trees and other vegetation is maintained. For the purposes of this section a "well-distributed stand of trees and other vegetation" shall be defined as maintaining a rating score of 12 or more in any 25-foot by 25-foot square (625 square feet) area as determined by the following rating system:

Diameter of Tree
at 4-1/2 feet Above
Ground Level (inches)
Points
2 - 4 in.1
>4 - 12 in.2
>12 in.4

Thus, if a 25-foot by 25-foot plot adjacent to a great pond contains trees worth a total of 20 points, trees worth a total of 8 points may be removed from the plot (20 - 8 = 12), provided that no cleared openings are created.

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. Pruning of tree branches, on the bottom 1/3 of the tree is permitted.

4. 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.

5. In no event shall cleared openings for development, including but not limited to, principal and accessory structures, driveways and sewage disposal areas, exceed in the aggregate, 25% of the lot area or one hundred and twenty thousand (120,000) square feet, whichever is greater, including land previously developed.

6. Cleared openings legally in existence on the effective date of this Ordinance may be maintained, but shall not be enlarged, except as permitted by this Ordinance.

7. Fields which have reverted to primarily shrubs, trees, or other woody vegetation shall be regulated under the provisions of this section.

7.19   Toxic and Noxious Discharges.

No use shall for any period of time discharge across the boundaries of the lot on which it is located toxic and noxious matter.

7.20   Traffic Impacts and Street Access Control.

A. General. Provision shall be made for vehicular access to the development and circulation upon the lot in such a manner as to safeguard against hazards to traffic and pedestrians in the street and within the development, to avoid traffic congestion on any street and to provide safe and convenient circulation on public streets and within the development. More specifically, access and circulation shall also conform to the following standards and the design criteria below.

1. The vehicular access to the development shall be arranged to avoid traffic use of local residential streets.

2. Where a lot has frontage on two or more streets, the access to the lot shall be provided to the lot across the frontage and to the street where there is lesser potential for traffic congestion and for hazards to traffic and pedestrians.

3. The street giving access to the lot and neighboring streets which can be expected to carry traffic to and from the development shall have traffic carrying capacity and be suitably improved to accommodate the amount and types of traffic generated by the proposed use. No development shall increase the volume:capacity ratio of any street above 0.8 nor reduce the street's Level of Service to "D" or below.

4. Where necessary to safeguard against hazards to traffic and pedestrians and/or to avoid traffic congestion, provision shall be made for turning lanes, traffic directional islands, frontage roads, driveways and traffic controls within public streets.

5. Access ways shall be of a design and have sufficient capacity to avoid queuing of entering vehicles on any street.

6. Where topographic and other conditions allow, provision shall be made for circulation driveway connections to adjoining lots of similar existing or potential use

a. when such driveway connection will facilitate fire protection services as approved by the Fire Chief and/or

b. when such driveway will enable the public to travel between two existing or potential uses, generally open to the public, without need to travel upon a street.

B. Driveway Design.

1. General. Driveway design shall be based on the estimated volume using the driveway classification defined below.

a. Low Volume Driveway: Less than 25 vehicle trips per day.

b. Medium Volume Driveway: Any driveway that is not a low volume or high volume driveway.

c. High Volume Driveway: Peak hour volume of 400 vehicles or greater.

2. Sight Distances. Driveways shall be designed in profile and grading and located to provide the required sight distance measured in each direction. Sight distances shall be measured from the driver's seat of a vehicle standing on that portion of the exit driveway with the front of the vehicle a minimum of 10 feet behind the curb line or edge of shoulder, with the height of the eye 3-1/2 feet, to the top of an object 4-1/2 feet above the pavement. The required sight distances are listed below for various posted speed limits.

a. Two Lane Roads. A sight distance of ten feet for each mile per hour of posted speed limit shall be maintained or provided.

b. Four Lane Roads. The sight distances provided below are based on passenger cars exiting from driveways onto four lane roads and are designed to enable exiting vehicles:

1. Upon turning left or right to accelerate to the operating speed of the street without causing approaching vehicles to reduce speed by more than 10 miles per hour, and

2. Upon turning left, to clear the near half of the street without conflicting with vehicles approaching from the left.

  Operating  
Speed
(mph)
  Safe Sight  
Distance -
Left (ft)
  Safe Sight  
Distance -
Right (ft)
20130130
30220260
40380440
50620700

3. Vertical Alignment. A driveway shall be flat enough to prevent the dragging of any vehicle undercarriage. Low Volume driveways shall slope upward or downward from the gutter line on a straight slope of 2 percent or less for at least 25 feet followed by a slope of no greater than 10 percent for the next 50 feet. The maximum grade over the entire length shall not exceed 15 percent. Medium and high volume driveways should slope upward or downward from the gutter line on a straight slope of 2 percent or less for at least 25 feet. Following this landing area, the steepest grade on the driveway shall not exceed 8 percent.

4. Low Volume Driveways.

a. Skew Angle. Low Volume driveways shall be two-way operation and shall intersect the road at an angle as nearly 90 degrees as site conditions permit, but in no case less than 60 degrees.

b Curb Radius. The curb radius shall be between 5 feet and 15 feet, with a preferred radius of 10 feet.

c. Driveway Width. The width of the driveway shall be between 12 feet and 16 feet, with a preferred width of 16 feet.

d. Curb-Cut Width. Curb-cut width shall be between 22 feet and 46 feet, with a preferred width of 36 feet.

5. Medium Volume Driveways.

a. Skew Angle. Medium Volume driveways shall be either one-way or two-way operation and shall intersect the road at an angle as nearly 90 degrees as site conditions permit, but in no case less than 60 degrees.

b. Curb Radius. Curb radii will vary depending if the driveway is one-way or two-way operation. On a two-way driveway the curb radii shall be between 25 feet and 40 feet, with a preferred radius of 30 feet. On one way driveways, the curb radii shall be 30 feet for right turns into and out of the site, with a 5 foot radius on the opposite curb.

c. Width. On a two-way driveway the width shall be between 24 and 26 feet, with a preferred width of 26 feet, however where truck traffic is anticipated, the width may be no more than 30 feet. On a one-way driveway the width shall be between 16 feet and 20, with a preferred width of 16 feet.

d. Curb-Cut Width. On a two-way driveway the curb-cut width shall be between 74 feet and 110 feet with a preferred width of 86 feet. On a one-way driveway the curb-cut width shall be between 46 feet and 70 feet with a preferred width of 51 feet.

6. High Volume Driveways.

a. Skew Angle. High Volume driveways shall intersect the road at an angle as nearly 90 degrees as site conditions permit, but in no case less than 60 degrees.

b. Curb Radius. Without channelization islands for right-turn movements into and out of the site, the curb radii shall be between 30 feet and 50 feet. With channelization islands, the curb radii shall be between 75 feet and 100 feet.

c. Curb Cut Width. Without channelization, curb-cut width shall be between 106 feet and 162 feet with a preferred width of 154 feet. With channelization, the curb-cut width shall be between 196 feet and 262 feet with a preferred width of 254 feet.

d. Entering and exiting driveways shall be separated by a raised median which shall be between 6 feet and 10 feet in width. Medians separating traffic flows shall be no less than 25 feet in length, with a preferred length of 100 feet.

e. Width. Driveway widths shall be between 20 feet and 26 feet on each side of the median, with a preferred width of 24 feet. Right turn only lanes established by a channelization island shall be between 16 feet and 20 feet, with a preferred width of 20 feet.

f. Appropriate traffic control signs shall be erected at the intersection of the driveway and the street and on medians and channelization islands.

7. Special Case Driveways. Special Case Driveways are one-way or two-way drives serving medium or high volume uses with partial access (right turn only) permitted. These driveways are appropriate on roadway segments where there is a raised median and no median breaks are provided opposite the proposed driveway. These driveways are usually located along the approaches to major signalized intersections where a raised median may be provided to protect left-turning vehicles and separate opposing traffic flows.

a. Perpendicular driveways.

i. Curb Radii. Curb radii shall be between 30 feet and 50 feet, with a preferred radius of 50 feet.

ii. Driveway width. Driveway width shall be between 26 feet and 30 feet with a preferred width of 30 feet. On two-way driveways, a triangular channelization island shall be provided at the intersection with the street. On each side of the island the one-way drive shall be between 15 feet and 24 feet with a preferred width of 20 feet.

iii. Curb-Cut Width. The total curb-cut width shall be between 86 feet and 130 feet with a preferred width of 130 feet.

iv. Channelization island. The channelization island on two-way driveways shall be raised and curbed. Corner radii shall be 2 feet.

b. Skewed Driveways.

i. Skew Angle. The skew angle shall be between 45 and 60, with a preferred angle of 45.

ii. Curb Radii. Curb radii shall be between 30 feet and 50 feet on the obtuse side of the intersection, with a preferred radius of 30 feet. Curb radii shall be between 5 feet and 10 feet on the acute side of the intersection with a preferred radius of 5 feet.

iii. Driveway width. The width of the driveway shall be between 15 feet and 24 feet with a preferred width of 20 feet. Where entering and exiting driveways meet, the width shall be between 24 feet and 30 feet, with a preferred width of 30 feet.

iv. Curb-Cut Width. The curb-cut width for each driveway shall be between 35 feet and 75 feet with a preferred width of 42 feet.

C. Driveway Location and Spacing.

1. Minimum Corner Clearance. Corner clearance shall be measured from the point of tangency (PT) for the corner to the point of tangency for the driveway. In general the maximum corner clearance should be provided as practical based on site constraints. Minimum corner clearances are listed below based upon driveway volume and intersection type.

MINIMUM STANDARDS FOR CORNER CLEARANCE
Minimum Corner Clearance (feet)
Driveway TypeIntersection
With Signal
Intersection
Without Signal
Low Volume15050
Medium Volume15050
High Volume500250
Special Case
      Right turn in only10050
      Right turn out only10050
      Right turn in or out only10050

Where the minimum standard for a full access drive cannot be met, only a special case driveway shall be permitted. If based on the above criteria, full access to the site cannot be provided on either the major or minor streets, the site shall be restricted to partial access. Alternately, construction of a shared access drive with an adjacent parcel is recommended.

2. Driveway Spacing. Driveways shall be separated from adjacent driveways and property lines as indicated below, in order to allow major through routes to serve effectively their primary arterial function of conducting through traffic. This distance shall be measured from the driveway point of tangency to the driveway point of tangency for spacing between driveways and from the driveway point of tangency to a projection of the property line at the edge of the roadway for driveway spacing to the property line.

MINIMUM DRIVEWAY SPACING

Minimum Spacing to Adjacent Driveway
by Driveway Type 1 (Dsp) 2 -- all distances in feet

Driveway TypeMinimum Spacing to Property Line (Dpl) 3LowMediumHigh w/o RT*High w/RT**Special Case
Low Volume5***    
Medium Volume10 -75   
High Volume (w/o RT)75 -75150  
High Volume (w/ RT)75 -75250500 
Special Case10 -75757540****

1 Between two more driveways serving a single parcel, or from a proposed driveway to an existing driveway.

2 Dsp measured from point of tangency of driveway to point of tangency of adjacent driveway.

3 Dpl measured from point of tangency of driveway to projection of property line on roadway edge.

* High volume driveway without right turn channelization.

** High volume driveway with right turn channelization.

*** Low volume driveways are not permitted in combination with other driveway types on a single lot.

**** Right-turn-in-only upstream of right-turn-out-only. Right-turn-out followed by right-turn- in not allowed.

D. Number of Driveways. The maximum number of driveways on a single street is controlled by the available site frontage and the table above. In addition, the following criteria shall limit the number of driveways independent of frontage length.

1. No low volume traffic generator shall have more than one two-way driveway onto a single roadway.

2. No medium or high volume traffic generator shall have more than two two-way driveways or three driveways in total onto a single roadway.

3. Each new lot created after the effective date of this ordinance with frontage on Route 25 shall be served by a driveway or entranceway shared in common with at least one adjacent lot.

E. Construction Materials/Paving.

1. All driveways entering a curbed street shall be curbed with materials matching the street curbing. Curbing is required around all raised channelization islands or medians.

2. All driveways shall be paved with bituminous concrete pavement within the street right-of-way. All commercial driveways regardless of driveway volume shall be paved with bituminous concrete pavement within 30 feet of the street right-of-way.

7.22   Water Quality.

No activity shall locate, store, discharge, or permit the discharge of any treated, untreated or inadequately treated liquid, gaseous, or solid materials of such nature, quality, obnoxiousness, toxicity, or temperature that run-off, seep, percolate, or wash into surface or ground waters so as to contaminate, pollute, or harm such waters or cause nuisances, such as objectionable shore deposits, floating or submerged debris, oil or scum, color, odor, taste, or unsightliness, or be harmful to human, animal, plant, or aquatic life. All above ground storage facilities for fuel, chemicals, chemical or industrial wastes, and biodegradable raw materials, shall be located on impervious pavement, and shall be completely enclosed by an impervious dike which shall be high enough to contain the total volume of liquid kept within the storage area, plus the rain falling into this storage area during a 25-year storm, so that such liquid shall not be able to spill onto or seep into the ground surrounding the paved storage area. Storage tanks for "home heating oil" and diesel fuel, not exceeding 275 gallons in size, may be exempted from this requirement, in situations where neither a high seasonal water table (within 15" of the surface) nor rapidly permeable sandy soils are involved.

7.23   Water Supply.

Prior to the issuance of any occupancy permit for any structure with a potable water supply system, a water quality analysis demonstrating that the State of Maine Safe Drinking Water Guidelines are met shall be submitted to the Code Enforcement Officer.

No development activities shall be permitted within 300' of a mapped 50+ GPM sand and gravel aquifer unless a hydrological study has been conducted and accepted by the Planning Board demonstrating that the sand and gravel aquifer will not be adversely impacted by the development. No uses which involve hazardous or special waste materials including petroleum products shall be permitted within 300' of a mapped 50 + GPM aquifer.

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