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Sebago Maine Town Seal
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Schedule of Uses


SECTION 4 – SCHEDULE OF USES


A.      ACTIVITIES DESCRIBED

A schedule listing the uses permitted in the various Districts, under this Ordinance begins in subsection F (Schedule of Uses) of this Section.  The permitted uses may be affected by State and Federal law.
        
The various land uses contained in the schedule are organized according to the following activity classifications:

1.      Resource Extraction and Rural Uses
2.      Residential Uses
3.      Institutional Uses
4.      Commercial Uses
5.      Industrial Uses
6.      Transportation and Utilities

B.      SYMBOLS USED IN SCHEDULE OF USES

The following symbols contained in the Schedule of Uses have the following meanings:

        1.      DISTRICT SYMBOLS

                SYMBOL                  DESCRIPTION

                   V                            Village District
                          RR                           Rural Residential District
                  R                            Rural District

        2.      PERMIT SYMBOLS
        
SYMBOL                  DESCRIPTION
             
Y                               Uses Allowed Without a Permit
NO                              Uses Prohibited Within District
CEO                             Use Requires a Code Enforcement Permit
PB                              Use Requires a Planning Board Permit

C.      USES SUBSTANTIALLY SIMILAR TO PERMITTED USES MAY BE PERMITTED

1.      USES ALLOWED WITHOUT A PERMIT – Uses substantially similar to those allowed without a permit, but that are not listed in the Schedule of Uses, may be permitted upon ruling by the Code Enforcement Officer that such use is substantially similar to uses listed in schedule.

2.      USES REQUIRING A CODE ENFORCEMENT OFFICER PERMIT – Uses substantially similar to those requiring a Code Enforcement Officer Permit, but which are not listed in the Schedule of Uses, may be permitted by the Code Enforcement Officer.

3.      USES REQUIRING A PLANNING BOARD PERMIT – Uses substantially similar to those requiring a Planning Board Permit, but which are not listed in the Schedule of Uses, may be permitted by the Planning Board.

D.      USES SUBSTANTIALLY SIMILAR TO PROHIBITED USES ARE PROHIBITED

Uses substantially similar to any uses listed as a Prohibited Use in the Schedule of Uses, shall be prohibited.

E.      COMPLIANCE WITH PERFORMANCE STANDARDS REQUIRED

All uses permitted must occur and be maintained in compliance with the application requirements and performance standards contained in Section 5 (Land Use Standards).

F.      SCHEDULE OF USES
                                                                               Table 4-1

Village
District
Rural Res. District
Rural
District

Resource Extraction and Rural Uses
1. Agriculture
PB
Y
Y
2. Boarding and riding stables
PB
PB
PB
3. Commercial timber harvesting provided that all State  
    required permitting has been obtained
Y
Y
Y
4. Filling, grading, draining, dredging or alteration of a
    water table or level; and not meaning a pit or hole sunk
    into the earth to reach a supply of water, with
    appropriate state permits


PB


PB


PB
5. Outdoor recreation such as parks, playgrounds and golf
    courses
PB
PB
PB
6. Private, non-commercial stables
CEO
Y
Y
7. Roadside produce stand
CEO
Y
Y
8. Earth materials extraction or storage for road purposes
    only, affecting an area of less than two acres in size
    (see also Commercial Uses, # 11)

CEO

CEO

CEO
9. Earth materials extraction or storage for road purposes
    only, affecting an area of two acres or greater in size  
    (see also Commercial Uses, # 11)

PB

PB

PB
10. Accessory structure, uses, or services that are
      essential for the exercise of uses listed above

PB

PB

PB

Residential Uses
1. Single-family dwelling
CEO
CEO
CEO
2. Single family mobile home
CEO
CEO
CEO
3. Duplex (two family)
CEO
CEO
CEO
4. Multi-family dwelling
PB
PB
PB
5. Mobile home park (see Section 5-Land Use Standards)
PB
PB
N
6. Home Occupation
PB
PB
PB
7. Accessory apartment
PB
PB
PB
8. Accessory structures, uses or services that are       
    essential for the exercise of uses listed above
    (#s 1, 2, 3, 7)
CEO
CEO
CEO
9. Accessory structures, uses or services that are essen-
   tial for the exercise of uses listed above (#s 4, 5, 6)
PB
PB
PB
Institutional Uses
1. Cemetery
PB
PB
PB
2. Church
PB
PB
PB
3. Day care center
PB
PB
PB
4. Fraternal order and service club
PB
PB
PB
5. Governmental facilities and grounds
PB
PB
PB
6. Group development, congregate housing, boarding
    home facility
PB
PB
PB
7. Hospital
PB
PB
PB
8. Medical clinic, nursing home, assisted living,   
    rehabilitation facility
PB
PB
PB
9. Museum
PB
PB
PB
10. Public or private school
PB
PB
PB
11. Religious services as ancillary use
PB
PB
PB
12. Accessory structures, uses or services that are
      essential for the exercise of uses listed above
PB
PB
PB

Commercial Uses
1. Art gallery, craft shop, gift shop
PB
PB
PB
2. Auction barn
PB
PB
PB
3. Automobile sales lot
PB
NO
NO
4. Automobile service station and repair garage
PB
PB
PB
5. Aviation (helipad, seaplane base, airfield)
PB
PB
PB
6. Bed and breakfast
PB
PB
PB
7. Campground, tents only
PB
PB
PB
8. Campground, RVs, trailers
PB
NO
NO
9. Commercial complex
PB
NO
NO
10. Commercial greenhouse, garden, landscaping
      business
PB
PB
PB
11. Commercial removal of earth materials (see also
      Resource Extraction and Rural Uses, #s 8 and 9)
PB
PB
PB
12. Communication facility
PB
PB
PB
13. Commercial towers
PB
PB
PB
14. Financial institution
PB
NO
NO
15. Funeral home
PB
PB
NO
16. Grocery and variety store
PB
PB
PB
17. Health spa, fitness club, gym
PB
PB
PB
18. Indoor entertainment and recreation
PB
PB
PB
19. Kennel-boarding site
NO
PB
PB
20. Laundry, dry cleaning establishment
PB
NO
NO
21. Liquor store
PB
NO
NO
22. Motel, Hotel
PB
PB
PB
23. Outdoor storage business
PB
PB
PB
24. Professional offices, office building
PB
NO
NO
25. Redemption center
PB
PB
NO
26. Rental cabins and cottages
PB
PB
PB
27. Restaurant
PB
PB
NO
28. Repair service (other than auto)
PB
PB
PB
29. Retail outlets
PB
NO
NO
30. Self storage building
PB
PB
PB
31. Service business
PB
PB
PB
32. Signs
CEO
CEO
CEO
33. Take out food service
PB
PB
PB
34. Veterinary clinic
PB
PB
PB

Industrial Uses
1. Automobile graveyard, junkyard
PB
PB
PB
2. Bulk oil and fuel storage, in excess of 50 gallons except   
    for on site purposes
NO
PB
PB
3. Construction equipment storage
CEO
Y
Y
4. Firewood processing – no structures
CEO
Y
Y
5. Light manufacturing assembly plant
PB
PB
PB
6. Lumber yard
PB
PB
PB
7. Manufacturing
  A.  Newspaper facility
PB
PB
PB
  B.  Print shop
PB
PB
PB
  C.  Pulp mill
PB
PB
PB
  D.  Saw mill - no structures
PB
Y
Y
  E.  Sewage treatment facility
PB
PB
NO
  F.  Solid waste transfer station
NO
PB
PB
  G.  Transportation facility and terminal
PB
PB
PB
  H.  Warehouse
PB
PB
PB
8. Wholesale business facility
PB
PB
PB
9. Accessory structures, uses or services that are
    essential for the exercise of uses listed above
PB
PB
PB

Transportation and Utilities
1. Major utility facilities such as transmission lines, but not
    including service drops
PB
PB
PB
2. Road construction projects, other than land   
    management roads, and not part of a project requiring  
    Planning Board approval
PB
PB
PB
3. Road construction projects, other than land
    management roads, which are part of a project
    requiring Planning Board approval
PB
PB
PB
4. Accessory structures, uses or services that are
    essential for the exercise of uses listed above
PB
PB
PB


G.      DIMENSIONAL REQUIREMENTS

1.      PREAMBLE

Except as hereinafter specified, no building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, expanded, moved, or altered and no new lot shall be created except in conformity with all of the regulations herein specified for the district in which it is located, unless a variance is granted.

2.      MINIMUM LOT STANDARDS:
                                                             
                                                             Table: 4-2


Village
Rural Residential
Rural
Area – single residential
40,000 square feet
30,000 square feet (cluster development or 10% affordable)
60,000 square feet
50,000 square feet (cluster development or 10% affordable)
3 Acres  
2 Acres (cluster development or 10%  affordable)
Area – multi family
40,000 square feet (first unit)
20,000 square feet (each additional)
60,000 square feet (first unit)
20,000 square feet (each additional)
3 Acres
Area – commercial
80,000 square feet
60,000 square feet
3 Acres
Shoreland Frontage
200’
200’
200’
Road Frontage
100’
150’
150’
(200’ State Numbered Highways)
Road setback
50’
(See Note 7a.)
75’
75’
(Including State Numbered Highways)
Shore line setback
100’
100’
100’
Wetland setback
75’
75’
75’
Side & rear setback
15’
15’
15’
Minimum width
100’
100’
100’

Notes:
  • Land below the normal high-water line of a water body or upland edge of a wetland and land beneath roads serving more than two (2) lots shall not be included toward calculating minimum lot area.
  • Lots located on opposite sides of a public or private road shall be considered each a separate tract, or parcel of land unless such road was established by the owner of land on both sides thereof after September 22, 1971.
  • The minimum width of any portion of any lot within one hundred (100) feet, horizontal distance, of the normal high-water line of a water body or upland edge of a wetland shall be equal to or greater than the shore frontage requirement for a lot with the proposed use.
  • If more than one residential dwelling unit or more than one principal commercial or industrial structure is constructed on a single parcel, all dimensional requirements shall be met for each additional dwelling unit or principal structure.
  • Clustered housing within the shoreland zone may be permitted provided that the overall dimensional requirements, including frontage and lot area per dwelling unit are met. When determining whether dimensional requirements are met, only land area within the shoreland zone shall be considered.
  • The shore front common area shall have a minimum of fifty (50) feet for each Residential dwelling unit.
  • Buildings existing at the time of the enacting of this ordinance can be expanded in accordance with the setback requirements existing prior to the enactment, if the setbacks established in this ordinance cause them to be non-conforming.
7a.     Road setbacks in the Village district may be reduced to 25’, in areas of high density, or in keeping with neighborhood character.

  • BACK LOT PROVISION
Access to Lots: No building permit shall be issued to erect any structure on a lot without frontage on a highway, street, lake or pond unless an access road meeting the following criteria has been constructed within a deeded right-of-way, a minimum of thirty (30) feet in width.  The access road shall be constructed to a minimum width of fifteen (15) feet.  The access road shall contain a minimum depth of fifteen inches of bank-run gravel and have drainage ditches, culverts and turnarounds at all appropriate points.  Such an access road shall serve no more than two dwelling units.  Any access road serving three dwelling units or more shall meet the road design and construction standards of the Sebago Planning Board Standards for Reviewing Land Subdivisions.

Set Back: No building shall be erected on a lot unless the building shall be set back from the highway right-of-way at least twenty-five feet.  [The rear line and side line setback requirements shall change from fifteen (15) feet to five (5) feet for accessory buildings to be placed on lots of less than 20,000 square feet.  This shall be meant to include no more than one structure of no more than 150 square feet, of no more than ten (10) feet in height, and shall not be used for additional dwelling unit(s).]  [Added as an amendment on October 22, 2002.]

Side Yard Width: No building shall be set less than fifteen (15) feet from any adjoining lot line.  [The rear line and side line setback requirements shall change from fifteen (15) to five (5) feet for accessory buildings to be placed on lots of less than 20,000 square feet.  This shall be meant to include no more than one structure of no more than 150 square feet, of no more than ten (10) feet in height, and shall not be used for additional dwelling unit(s).]  [Added as an amendment on October 22, 2002.]

  • The roadway or highway frontage setback measurement is to start at the edge of the established right-of-way.
H.      AQUIFER PROTECTION OVERLAY DISTRICT

1.      INTENT

To protect the groundwater resources of the Town from adverse development or land use practices (such as but not limited to the disposal or storage of solid wastes, sludge, subsurface waste disposal, road salting materials, gas or other petroleum products) that might reduce the quality and quantity of water that is now, and in the future will be, available for use by the Town, its citizens and businesses.
                                                                                                                                                                                                                                                                       
2.        LOCATION

The Aquifer Protection Overlay District shall apply to the land within the Town's sand and gravel aquifers plus the land within 500 feet of these aquifers.  The Aquifer Protection Overlay District embraces and overlays other provisions and districts set forth in this Ordinance and as such its requirements are in addition to the requirements of the underlying District.  Where the provisions of the Aquifer Protection District conflict with or impose a higher standard than the provisions of any underlying Districts, the provisions of the Aquifer Protection Overlay District shall prevail.

a.      Identification of Aquifer Boundaries – The boundaries of the Aquifer Protection Overlay District shall be as delineated on the Land Use Map or Aquifer Map of Sebago, Maine.

b.      Boundary Disputes – When the official boundaries of the Aquifer Protection Overlay District as delineated on the Zoning Map are disputed due to lack of sufficient detail on the available map, the landowner or agent may submit hydrogeologic evidence to support the claim.  The evidence shall be prepared by a Geologist, Certified in the State of Maine.

3.      PROHIBITED USES

In addition to those uses prohibited in the underlying District, the following uses are prohibited:

_      asphalt/tar processing
_      automobile graveyards
_      below ground storage of petroleum products or chemicals for new uses
-      biological laboratories and chemical laboratories
_      car or truck washes
_      chemical manufacture
_      chemical warehousing
_      chemical reclamation
_      coal storage
_      dry cleaners
_      electrical equipment or electronic circuit manufacture
_      fuel oil distribution
_      furniture stripping, painting, finishing
_      industrial waste storage, impoundment or disposal
_      injection wells
_      junk and salvage yards
_      laundromats
_      meat packers
_      metal plating, finishing or polishing
_      mobile home parks
_      oil pipelines
_      paper mills
_      paint shops
_      pesticides/herbicides and fertilizer manufacture and warehousing
_      pharmaceutical manufacture
_      photo processing
_      plastic and fiberglass manufacture and fabrication
_      printing
_      rubber manufacture and fabrication
_      septage and recreational vehicle waste receiving stations for commercial use
_      slaughter houses
_      sludge and septage storage, disposal or processing
_      sludge and septage spreading
_      snow dumps
_      solid and hazardous waste storage, disposal or processing
_      solid or hazardous waste transfer sites
_      tanneries
  • textile mills
  • truck terminals
_      uncovered salt piles
_      uncovered sand/salt piles
-    wood treatment processors

4.     GROUNDWATER IMPACT ANALYSIS

For projects requiring Site Plan Review, the Planning Board shall require submittal by the applicant of a Groundwater Impact Analysis.  The Analysis shall be prepared by a State of Maine Certified Geologist with experience in hydrogeology.  The Analysis shall contain the following components unless waived by a specific vote of the Board.  (The Board expects the detail of this Analysis to vary with the intensity of the development.)
        
a.          A map showing: 1.  soil types                                                                                                                               
                                        2.  surficial geology on the property
                                        3.  the recommended sites for subsurface waste disposal systems and
                                             wells in the development
                                        4.  direction of ground water flow

b.         The relationship of surface drainage conditions to ground water conditions

c.         Documentation of existing ground water quality for the site

d.         A nitrate analysis or other contaminant analysis as applicable including calculation of levels at the property line(s) and wells on the property

e.         For water intensive uses, analysis of the effects of aquifer drawdown on the quantity and quality of water available for other water supplies or potential water supplies

f.          The Planning Board may require installation and regular sampling of water quality monitoring wells for any use or proposed use deemed to be a significant actual or potential source of pollutants or excessive drawdown.  The number, location and depth of monitoring wells shall be determined as part of the Hydrogeologic Study and wells shall be installed and sampled in accordance with "Guidelines for Monitoring Well Installation and Sampling" (Tolman, Maine Geologic Survey, 1983).  Water quality sample results from monitoring wells shall be submitted to the Code Enforcement Officer with evidence showing that contaminant concentrations meet the performance standard for pollution levels.

g.        A list of assumptions made to produce the required information

5.        CONDITIONS/STANDARDS

In addition to the Site Plan Review Standards, the following standards shall be met:

a.         Sanitary Waste Water Disposal

1.         No use including home occupations shall dispose of other than normal domestic waste water on_site.  Disposal of waste water shall be in strict compliance with the State Plumbing Code and other relevant state and local laws, rules and ordinances.

2.         No more than nine hundred (900) gallons per day of sanitary waste shall be discharged to any one subsurface wastewater disposal system.

b.        Petroleum Storage – For above ground or indoor storage, an impermeable diked area shall be provided; the diked areas must be roofed to prevent accumulation of rainwater in the diked area and shall be properly ventilated.  There shall be no drains in the facility.  All concrete, whether walls or pads, shall be reinforced concrete and shall be designed by a Professional Engineer Registered in the State of Maine. Where required by the Maine Department of Environmental Protection a “Spill Prevention Control & Countermeasure Plan (SPCC)” shall be prepared and submitted to the Code Enforcement Officer.

  •      Excavation or Mining of Fill, Sand, Gravel and Other Minerals – Excavation shall not be allowed below five feet above the average seasonal high water.  The water table        shall not be artificially lowered by ditches, trenches, pumping or other methods.