102-1243. Minimum requirements for nonresidential structures – Front setback.


(a) 
Any new nonresidential structure that is located in the Route One South Commercial (ROS), Searsport Avenue Commercial (SOC), Route 141 and Mill Lane Commercial (Rt141), or Route 137 Commercial (Rt137) Districts that is constructed after on or after August 19, 2001, that has frontage on a public road, shall comply with the following minimum front setback requirements for structures:
Amount of Front Setback by Zoning District
(in feet)
Structure Size
(in square feet)
ROS
SAC
Rt141
Rt137
Less than 5,000
30
30
30
30
5,001—15,000
35
35
35
35
15,001—25,000
40
40
40
40
25,000—40,000
50
50
50
50
40,001—75,000
75
75
75
75
Greater than 75,000
100
100
100
100
The list of permitted uses subject to planning board review for the respective zoning districts identified above may establish size restrictions on the maximum size of retail uses and structures, and shopping centers in which one or more retail uses are located.
(b) 
Any new nonresidential structure that is built on or after August 19, 2001, that has frontage on a private road shall comply with the following minimum front setback requirements for structures:
Amount of Front Setback by Zoning District
(in feet)
Structure Size
(in square feet)
ROS
SAC
Rt141
Rt137
Less than 5,000
30
30
30
30
5,001—15,000
30
30
30
30
15,001—25,000
40
40
40
40
25,000—40,000
40
40
40
40
40,001—75,000
50
50
50
50
Greater than 75,000
60
60
60
60
The list of permitted uses subject to planning board review for the respective zoning districts identified above may establish size restrictions on the maximum size of retail uses and structures, and shopping centers in which one or more retail uses are located.
(c) 
Any new nonresidential structure that is built on or after August 19, 2001, that is located in the Searsport Avenue Waterfront District shall comply with the front setback requirements for structures identified in subsection (a) or (b), unless the code enforcement officer or planning board makes a finding that the amount of the front setback requirement should be reduced, pursuant to section 102-1276, to allow for the preservation of public views of the water. In no case, however, may the amount of front setback for a nonresidential structure be less than 30 feet.
(d) 
Any expansion of a nonresidential structure that was built before August 19, 2001, and that does not comply with the minimum front setback requirements identified in subsections (a)-(c), shall comply with these respective front setback requirements to the greatest extent practical as determined by the code enforcement officer or planning board, subject to chapter 102, article III.
Ord. No. 79-2001, 6-5-2001