ARTICLE 9 - DISTRICT REGULATIONS
ARTICLE 9 - DISTRICT REGULATIONS

9.1  Village District (V).
These are areas where units of residential, commercial and municipal activities currently exist and are to be encouraged in the future, to provide for the continuation of Buxton's Village centers and provide economies in providing municipal services.

9.2  Residential District (Res).
These are areas which will not be sewered and therefore will provide for residential development at a lower density in a rural environment.

9.3  Rural District (Ru).
It is the intent of this Ordinance to protect the natural rural quality of the community by prescribing the most appropriate uses and standards.  It is proposed that these areas remain in very low density of development in order to prevent future land-use problems.

9.4  Shoreland Zones (S).
9.4.A.  Shoreland District (S).  The purpose of this district is to guarantee the safe and healthful conditions of our water bodies and shoreland areas by preventing and controlling water pollution; protecting spawning grounds, fish, aquatic life, waterfowl, birds, wildlife and wildlife habitat; conserving the natural tree canopy and shore cover along the shoreline; retaining ground vegetation to protect against erosion; providing access (visual as well as actual) to the inland waters and their natural beauty and controlling building sites and land uses.  

This district applies to all land areas within 250 feet horizontal distance of the normal high water mark around Bonny Eagle Pond and along the Saco River. In addition, the Shoreland District shall include the land area within 250 feet horizontal distance of freshwater wetlands as indicated on the Official Zoning Map, and the land area within 75 feet of all streams as defined in Article 2 of this Ordinance.
        
The Shoreland District is an overlay zone and all land uses and buildings shall conform to the stricter requirements where there are conflicts between Sections of this Ordinance. (amended June 14, 2011 by secret ballot)

9.4.B.  Resource Protection District (RP).  The purpose of this district is to protect environmentally sensitive areas adjacent to water bodies and significant wildlife habitat adjacent to water bodies and wetlands from the impacts of development.

9.5  Business and Commercial District (BC).
This district is to provide areas within the Town of Buxton for manufacturing as well as wholesale and retail distribution of products and services and to provide standards for these uses which will produce a healthy, safe environment for the economic well-being of the community.

9.5A  Light Commercial District (LC).
The Light Commercial District is established to accommodate the daily or frequent shopping and other service needs of the community.  In this zone land uses are limited primarily to retail stores, service businesses and light industrial activity.  The developer or occupant of any use in the Light Commercial District must take such steps as necessary to minimize adverse effect of such development on neighboring residential properties.  Methods of providing such protection will be consistent with the applicable standards in Article 10 and Article 11 of the Buxton Zoning Ordinance and will be discussed with the developer at the pre-application meeting.


9.6  Lot and Yard Requirements.

In each district, the division of land and placement of structures shall conform to the following table:

        TABLE A.  Dimensional Requirements(1)

       Village Res     Rural   BC      LC      
Lot Size (sq. ft.)

Non Residential         80,000          120,000         200,000         80,000  80,000
                                                
Residential
Single Family           80,000(2)       120,000(2)      200,000(2)      80,000(2)       80,000(2)       

Duplex
 for first Dwelling
 Unit                  80,000          120,000         200,000         n/a             n/a
 for each additional
 Dwelling Unit         40,000  60,000          100,000         n/a             n/a

Multi-family
 for first Dwelling
 Unit                  80,000          120,000         n/a             n/a             n/a
 for each additional
 Dwelling Unit          40,000         60,000          n/a             n/a               n/a

Elderly & Low
Income Housing
 for first Dwelling
 Unit                   80,000          120,000         200,000         n/a            n/a
 for each additional
 Dwelling Unit          20,000         20,000          20,000           n/a              n/a


Buildable Area
 (sq ft)(2)    40,000(2)        40,000(2)       60,000(2)      40,000  40,000
Street Frontage(ft)     150              200              250           150             150
Lot Width(ft)            150              200               250           150       150
Front Yard(ft)           40              40           50          40        40
Side Yard(ft)(3) (4) (5)          20             30           50          20         20
Rear Yard(ft)(4)   (5)    20             30               50              20        20
Shore Frontage(ft)       200               200                250           300             300

(1)     All figures are minimum requirements.
(2)     Per dwelling unit.
(3)     Side yards may be reduced to 20% of the frontage but no less than 20 feet for non-conforming lots of record.
(4)     For accessory buildings, the CEO shall allow a reduction, but in no case to less than 20 feet, if the following conditions are met:
                   1. The building is not used to house animals.
                    2. There will remain a 40 ft. separation of buildings and structures from those on adjoining lots.
                    3. The accessory building is no larger than 750 sq. ft. and not greater than 18 feet in height.
(5)     For accessory buildings on non-conforming lots of record in existence on the date of passage of this amendment, October   28, 1989, the CEO shall allow a reduction, but in no case to less  than 12 feet, if the following conditions.
1. The building is not used to house animal.
2. The Fire Chief has stated in writing that the proposed structure will not cause an increased risk of fire hazard considering the proximity of neighboring structures, the construction material to be used and the proposed use of the structure and that adequate room remains elsewhere on the lot for access of emergency equipment as for fire-fighting.
3.  There will remain a 24 foot separation of buildings from those on adjoining lots.
                  4.  The accessory building is no larger than 750 sq. ft. and not greater than 18 feet in  
                   height.
(6)   For non-conforming vacant lots which fail to meet the required lot size, the required    buildable area shall be computed as follows:  als x ba/ls = rba; where als = actual lot size, ba = buildable area for the district; ls = lot size for the district and use; and rba = required buildable area.    (added 11/6/12)

9.7  Height Restrictions.

The maximum building height permitted shall be two stories or thirty feet.  However, this height requirements shall not apply to farm buildings, flagpoles, chimneys, ventilators, domes, water towers, church steeples, tanks, windmill towers or other structures or building accessory features usually erected at a height greater than the main roofs of buildings provided that such structures or accessory features are not for human habitation or occupancy and further provided that any structure or accessory features higher than thirty feet is set back from all property lines a distance at least equal to its height.

9.8  Land Use Regulations.

The Permitted Uses and Conditional Uses for each district are shown on the following Table.  Uses similar to Permitted Uses shall be Permitted Uses.  Uses similar to Conditional Uses shall be Conditional Uses.  Uses similar to Not Permitted Uses shall be Not Permitted Uses.

9.8.A.    All permitted uses which exist or have been issued a Certificate of Occupancy signifying that the Code Enforcement Officer has found the principal use to be in compliance with this Ordinance may also use the lot for accessory uses and may apply for building permits for accessory structures.

9.8.B.    All conditional uses which exist or have been issued a Certificate of Occupancy signifying approval by the Planning Board and compliance with conditions of approval shall apply to the Planning Board for building permits or Certificates of Occupancy for any proposed accessory use or structure.  The Board shall treat such secondary applications as if the application were for a Conditional use and follow the procedures and provisions of Article 8.
9.8.C  All lots for which a conditional use is applied shall meet the minimum lot requirements of those zones. (added 6/13/09)