102-1247. Minimum side buffer yard requirements.


(a) 
The minimum side buffer yard requirement for the Route One South Commercial (ROS), Searsport Avenue Commercial (SOC), Route 141 and Mill Lane Commercial (Rt141), Route 137 Commercial (Rt137) and Searsport Avenue Waterfront (SAW) Districts for a use or structure that is constructed after on or after August 19, 2001, shall comply with the following minimum side buffer yard requirements for structures:
Amount of Side Buffer Yard by Zoning District
(in feet)
Structure Size
(in square feet)
ROS
SAC
Rt141
Rt137
SAW
Less than 5,000
15
15
15
15
15
5,001—15,000
15
15
15
15
15
15,001—25,000
25
25
20
25
25
25,000—40,000
25
25
20
25
25
40,001—75,000
30
30
25
30
30
Greater than 75,000
35
35
35
35
35
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) 
The minimum amount of planting that shall occur in the side buffer yard area for the Route One South (ROS), Searsport Avenue Commercial (SOC), Route 141 and Mill Lane Commercial (Rt141), Route 137 Commercial (Rt137) and Searsport Avenue Waterfront (SAW) Districts for a use or structure that is constructed after on or after August 19, 2001, shall comply with the following minimum planting requirements for the side buffer yard area. The number to the left in the following chart is the amount of plant units that an applicant must provide, and the number to the right is the guideline that the applicant and planning board or code enforcement officer should use for the amount of such plant units that should be canopy trees. Reference section 102-1249 for a description of how to determine the amount of plant units.
Amount of Planting in Side Buffer Yard and Type of Planting by Zoning District
Structure Size
(in square feet)
ROS
SAC
Rt141
Rt137
SAW
Less than 5,000
30u-0u
30u-0u
20u-0u
30u-0u
30u-0u
5,001—15,000
30u-0u
30u-0u
20u-0u
30u-0u
30u-0u
15,001—25,000
30u-0u
30u-0u
20u-0u
30u-0u
30u-0u
25,000—40,000
30u-0u
30u-0u
20u-0u
30u-0u
30u-0u
40,001—75,000
30u-0u
30u-0u
30u-0u
30u-0u
30u-0u
Greater than 75,000
30u-0u
30u-0u
30u-0u
30u-0u
30u-0u
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 subsections (a) and (b) requirements for side buffer yards and minimum planting requirements, unless the code enforcement officer or planning board makes a finding that the amount of the side buffer yard or planting should be reduced, pursuant to section 102-1272, to allow for the preservation of public views of the water. The code enforcement officer or planning board are specifically authorized to consider alternative buffer yard and planting requirements that would result in an attractive site, if such alternative assists in the preservation of a public view.
Ord. No. 79-2001, 6-5-2001