Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 672 - LAND USE PLANNING COMMISSION (formerly Land Use Regulation Commission) › Chapter 10 - LAND USE DISTRICTS AND STANDARDS › Subchapter II - LAND USE SUBDISTRICTS › Section 672-10-II-21 - DEVELOPMENT SUBDISTRICTS

Current through 2024-29, July 17, 2024
Pursuant to
					 12 M.R.S.
					 §685-A and consistent with the
					 Commission's Comprehensive Land Use Plan, the following development
					 subdistricts are established:
A.
COMMERCIAL INDUSTRIAL DEVELOPMENT SUBDISTRICT (D-CI)
1.
Purpose
The purpose of the D-CI subdistrict is to allow for
					 commercial, industrial and other development that is not compatible with
					 residential uses. Designation of commercial, industrial and other similar areas
					 of intensive development as D-CI subdistricts will ensure that other land
					 values and community standards are not adversely affected, and will provide for
					 the location and continued functioning of important commercial and industrial
					 facilities.
2.
Description
The D-CI subdistrict must include:
a. Areas having existing commercial,
				  industrial or other buildings, structures or uses, that are incompatible with
				  residential uses, including the following:
(1)
				  Areas of 2 or more acres devoted to intensive, commercial or industrial
				  buildings, structures or uses; except that sawmills and chipping mills and
				  structures devoted to composting of septage, sludge or other residuals
				  affecting an area of 5 acres or less in size must not be included in this
				  subdistrict unless such areas are part of a larger pattern of development which
				  otherwise meets the criteria for redistricting to this subdistrict;
(2) Areas of 2 or more acres devoted to
				  refuse disposal including, but not limited to, dumps and sanitary land fill
				  operations;
(3) Areas used for
				  aircraft landing and takeoff and the storage and maintenance of
				  aircraft;
(4) Areas of 2 or more
				  acres used for the storage of junk, oil products, or industrial or commercial
				  materials or inventory;
(5) Areas
				  of 2 or more acres devoted to buildings, structures or uses similar to those
				  listed in Section
				  10.21,A,2,a,(1) through (4) that
				  are incompatible with residential uses; and
(6) Areas where one or more existing
				  principal buildings exist within a 500 foot radius and where the gross floor
				  area of all such principal building(s) is more than 8,000 square feet provided
				  the uses thereof are incompatible with residential uses.
The designated D-CI subdistrict boundary must include all
					 those areas described in Section
					 10.21,A,2,a,(1) through (6)
					 above, as well as adjoining areas directly related to, and necessary for, the
					 conduct of those activities.
b. Areas the Commission determines meet the
				  criteria for redistricting to this subdistrict, pursuant to Section
				  10.08, are proposed for
				  development that is consistent with the purposes of this subdistrict, and are
				  generally suitable for the development activities proposed.
3.
Land Uses
a.
Uses Allowed Without a Permit
The following uses are allowed without a permit from the
					 Commission within D-CI subdistricts.
(1) Docking structures: Temporary docking
				  structures for non-commercial use;
(2) Emergency operations conducted for the
				  public health, safety or general welfare, such as resource protection, law
				  enforcement, and search and rescue operations;
(3) Forest management activities, except for
				  timber harvesting;
(4) Motorized
				  vehicular traffic on roads and trails, and snowmobiling;
(5) Primitive recreational uses, including,
				  fishing, hiking, wildlife study and photography, wild crop harvesting,
				  horseback riding, tent and shelter camping, canoe portaging, cross country
				  skiing, and snowshoeing but not including hunting and trapping;
(6) Surveying and other resource analysis;
				  and
(7) Wildlife and fishery
				  management practices.
b.
Uses Allowed Without a Permit Subject to Standards
The following uses are allowed without a permit from the
					 Commission within D-CI subdistricts subject to the applicable requirements set
					 forth in Sub-Chapter III.
(1)
				  Accessory structures: New or expanded structures accessory to, and located on
				  the same lot as, any legally existing principal structures and uses, in
				  conforment with the requirements of section
				  20.27. P;
(2) Agricultural activities: Agricultural
				  management activities;
(3)
				  Constructed ponds: Creation, alteration or maintenance of constructed ponds of
				  less than 4,300 square feet in size which are not fed or drained by flowing
				  waters, provided they are constructed and maintained in conformance with the
				  vegetative buffer strip requirements of Section
				  10.27,C,2,a;
(4) Filling and grading;
(5) Hand-carry launches: Commercial and
				  private hand-carry launches;
(6)
				  Mineral exploration activities: Level A and B mineral exploration activities,
				  excluding associated access ways;
(7) Road projects: Level A road
				  projects;
(8) Service
				  drops;
(9) Signs;
(10) Utility services: Buildings or
				  structures necessary for the furnishing of public utility services, provided
				  they contain not more than 500 square feet of floor area, are less than 20 feet
				  in height, and are not supplied with water; and
(11) Water crossings of minor flowing
				  waters.
c.
Uses
				  Requiring a Permit
The following uses, and related accessory structures, may
					 be allowed within D-CI subdistricts upon issuance of a permit from the
					 Commission pursuant to
					 12 M.R.S.
					 §685-B, subject to the applicable
					 requirements set forth in Sub-Chapter III:
(1) Agricultural activities: Agricultural
				  management activities which are not in conformance with the standards of
				  Section 10.27,A;
(2) Commercial and industrial: Any commercial
				  and industrial uses, except natural resource extraction;
(3) Constructed ponds: Creation, alteration
				  or maintenance of constructed ponds 4,300 square feet or greater in size which
				  are not fed or drained by flowing waters, or of such ponds less than 4,300
				  square feet in size which are not in conformance with the vegetative buffer
				  strip requirements of Section
				  10.27,C,2,a;
(4) Draining or altering the water table or
				  water level for other than mineral extraction;
(5) Driveways;
(6) Filling and grading, which is not in
				  conformance with the standards of Section
				  10.27,F;
(7) Hand-carry launches addressed in Section
				  10.21,A,3,b which are not in
				  conformance with the standards of Section
				  10.27,L;
(8) Land application of septage, sludge and
				  other residuals, and related storage and composting activities and
				  structures;
(9) Land management
				  roads;
(10) Metallic mineral mining
				  activities: Tier one advanced exploration;
(11) Mineral exploration activities: Access
				  ways for Level A and B mineral exploration activities, and Level A and B
				  mineral exploration activities which are not in conformance with the standards
				  of Section
				  10.27,C;
(12) Recreational lodging facilities:
(a) Level C;
(b) Level C - Expanded Access;
(c) Level D;
(d) Level D - Expanded Access; and
(e) Level E;
(13) Road projects: Level B and C road
				  projects, except for water crossings as provided for in Section
				  10.21,A,3,b;
(14) Shoreland alterations, excluding water
				  crossings of minor flowing waters, trailered ramps and hand-carry
				  launches;
(15) Signs which are not
				  in conformance with the standards of Section
				  10.27,J;
(16) Solar energy generation facility:
				  facilities of the following size classes not located on soils recognized by the
				  U.S. Department of Agriculture as prime farmland soils:
(a) Small-scale;
(b) Mid-scale; and
(c) Large scale;
(17) Solid waste disposal facility;
(18) Subdivisions: Commercial and industrial
				  subdivisions for uses permitted in this subdistrict;
(19) Timber harvesting;
(20) Trailered ramps: Commercial and private
				  trailered ramps;
(21) Utility
				  facilities, excluding service drops, and wire and pipeline extensions which do
				  not meet the definition of service drops;
(22) Water-access ways;
(23) Water crossings of minor flowing waters
				  which are not in conformance with the standards of Section
				  10.27,D and water crossings of
				  bodies of standing water and of major flowing waters;
(24) Water impoundments;
(25) Wind projects: Community-based offshore
				  wind energy projects, as defined in
				  12 M.R.S.
				  §682(19); offshore wind
				  power projects, as defined in
				  38 M.R.S.
				  §480-B(6A); and wind
				  energy development in accordance with 35-A M.R.S., Chapter 34-A in areas
				  identified in Appendix F herein;
(26) Other structures, uses or services that
				  are essential to the uses listed in Section
				  10.21,A,3,a through c;
				  and
(27) Other structures, uses, or
				  services which the Commission determines are consistent with the purposes of
				  this subdistrict and of the Comprehensive Land Use Plan and are not detrimental
				  to the resources and uses they protect, and are of similar type, scale and
				  intensity as other allowed uses.
d.
Special Exceptions
The following uses, and related accessory structures, may
					 be allowed within D-CI subdistricts as special exceptions upon issuance of a
					 permit from the Commission pursuant to
					 12 M.R.S.
					 §685-A(10), the
					 criteria of Sections
					 10.24,B,3 and 9, and the
					 applicable requirements set forth in Sub-Chapter III:
(1) Solar energy generation facility located
				  on soils recognized by the U.S. Department of Agriculture as prime farmland
				  soils:
(a) Small-scale;
(b) Mid-scale; and
(c) Large scale.
e.
Prohibited
				  Uses
All uses not expressly allowed, with or without a permit or
					 by special exception, are prohibited in D-CI
					 subdistricts.