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establishes the zoning districts, use regulations, development standards, and review procedures of the City of AI, Maine.
This title is adopted to promote the public health, safety, and general welfare; to implement the Comprehensive Plan; and to coordinate land use, transportation, housing, and environmental policy.
This title is adopted under 30-A M.R.S. § 4351 et seq. and the Charter of the City of AI.
The Director of Permit Central is the Zoning Administrator and shall interpret this title.
The Planning Commission reviews and recommends action on zone changes, conditional use permits, and major subdivisions.
The Zoning Board of Appeals hears appeals of zoning administrator decisions and applications for variance.
The following base zones are established: R-1, R-2, R-3 (residential at three densities); MU-1, MU-2, MU-3 (mixed-use); C-1, C-2 (commercial); I-1, I-2 (industrial); O-S (open space); P (parking).
Overlay zones include H (Hillside), MH (Mobile Home), MU (Mixed-Use Overlay), and AP (Airport).
Zone changes and zoning text amendments require Planning Commission recommendation and Council adoption by ordinance after public hearing.
Public notice of zoning hearings shall be: published in a newspaper of general circulation; mailed to owners within 500 feet of the subject property; and posted on the property.
Decisions of the Zoning Administrator may be appealed to the Zoning Board of Appeals within 30 days. ZBA decisions are reviewable under Chapter 1.32.
Adult-entertainment establishments are permitted only in the I-2 zone, at least 1,000 feet from any residential zone, school, library, park, or place of worship.
A conditional use permit may be granted upon findings that the use is consistent with the comprehensive plan, will not adversely affect public health or safety, and conditions adequately mitigate impacts.
The Cultural Heritage Commission identifies and maintains the City of AI Historic Resources Inventory and reviews proposed alterations to designated landmarks and districts.
Exterior alterations to designated landmarks require a Certificate of Appropriateness following review under Secretary of the Interior's Standards.
Variances may be granted only where strict application of the zoning code would result in undue hardship not created by the applicant, consistent with 30-A M.R.S. § 4353.
Land use definitions for purposes of this title are listed in this chapter, including dwelling unit, household, family, accessory dwelling unit, and adult-entertainment establishment.
No structure or use shall be established except in compliance with this title.
A use lawfully established before adoption of this title that does not conform may continue, subject to limits on expansion, alteration, and discontinuance under this chapter.
Lot dimensions, building setbacks, and lot coverage are set in the zone-specific schedules of this title.
R-1 permits single-family detached dwellings, accessory dwelling units, and home occupations. Minimum lot 6,000 sq. ft.; maximum height 35 feet.
R-2 permits R-1 uses plus duplexes, triplexes, and quadplexes.
R-3 permits R-2 uses plus low-rise apartments, rowhouses, and cottage courts.
An ADU is permitted on any lot containing a single-family dwelling, with off-street parking waived where transit is available.
C-1 permits small-scale retail, services, restaurants, and offices serving the surrounding neighborhood.
C-2 permits the full range of downtown commercial uses, including ground-floor active uses required on designated retail streets.
I-1 permits warehousing, light manufacturing, research and development, and food production. Outdoor storage requires screening.
I-2 permits heavier industrial uses with performance standards on noise, vibration, odor, and emissions.
O-S permits parks, conservation lands, urban agriculture, and community gardens. Buildings are limited to incidental support uses.
New construction and substantial exterior alteration in mixed-use and commercial zones are subject to architectural design review by the Planning Commission.
Off-street parking minimums apply outside transit-supportive areas; parking maximums apply downtown and in transit nodes.
New construction shall provide secure bicycle parking at minimum ratios specified in this chapter.
Permanent signs require permit. Temporary signs (political, real estate, event) are limited in size and duration as specified.
New landscapes greater than 500 sq. ft. shall comply with the Maine Native Plant Landscape Standard, with drought-tolerant species, mulch, and efficient irrigation.
A density bonus of up to 35% is available for projects providing at least 20% of units affordable to households at or below 80% AMI, with corresponding concessions in parking and height as set in this chapter.
Special uses including drive-through services, outdoor seasonal sales, and farmers' markets are subject to use-specific standards in this chapter.
Motion picture theaters are permitted in C-2 and MU zones with conditions on cumulative seating, parking, and sound.
Personal-use cultivation is allowed indoors only, in accordance with 22 M.R.S. § 2423-A, and shall not be visible from public right-of-way.
Wireless facilities are reviewed under a three-tier process (administrative, conditional use, or major) based on height, location, and visual impact, consistent with federal preemption.
Persons with disabilities may request reasonable accommodation in the application of zoning, code, and program rules. Decisions are by the Director of Permit Central with appeal to the ZBA.
Properties within the AP overlay are subject to FAA Part 77 height limits and avigation easements; certain uses (educational, hospital, large public assembly) are restricted in approach zones.
The Council may enter into development agreements under 30-A M.R.S. § 4356 to vest rights for development in exchange for benefits including affordable housing, infrastructure, and public space.