Town of Gray, ME - Article II

SECTION 402.5 TEMPORARY STRUCTURES:

A. Temporary Structures in Conjunction with Construction Work

Temporary structures used in conjunction with construction work shall be permitted only during the period that the construction work is in progress. Permits for temporary structures shall be issued for a six (6) month period and may be renewed by the Code Enforcement Officer.

Residing in basement of foundation structures before the completion of the total structure shall be permitted in any zone allowing residential development for a period of three (3) years from the date construction began. The Municipal Code Enforcement Officer may issue a permit for one additional one-year period, if, in his judgment, reasonable progress is being made and if nuisance conditions do not exist.

B. Temporary Structures in Conjunction with Disasters

Temporary structures including temporary living quarters used in conjunction with disasters such as fire, flood, lightening, hurricanes, and ice or snowstorms and other forces of nature shall be permitted only during the period that restoration work is in progress.

Restoration work includes the repairing, rebuilding, and altering of a premise, land, or structure to a former, normal or unimpaired state or condition including but not limited to the cleaning and removal of debris, trash, and waste.

Temporary structures shall not encroach any further upon the setback requirements of the structure destroyed. Any deviation from those setbacks must be approved by the Code Enforcement Officer.

Temporary living quarters shall be connected to the existing septic system or to an alternate system which, in either case, must comply with the Plumbing Code and be approved by the Code Enforcement Officer.

Permits for temporary structures shall be issued for a six (6) month period and may be renewed by the Code Enforcement Officer for a maximum of one extension provided a duly authorized building and plumbing permit has been issued for a permanent structure.

SECTION 402.6 HOME OCCUPATIONS;

A. Intent and Purpose:

Home Occupations when managed conscientiously and with respect for the neighborhood in which they are situated can offer benefits to both the proprietors and the community, and a productive alternative to the formally structured traditional workplace. Consequently, it is the intent and purpose of this Ordinance to produce liberal, flexible standards for the establishment and maintenance of home occupations, while simultaneously providing the town with a mechanism in which to monitor and regulate their use.

A home occupation is defined as an occupation or business activity which results in a product or service and is conducted in whole or in part in the dwelling unit or accessory structure.

A home occupation shall conform to the following requirements.

1. The home occupation shall be carried on primarily within the principal structure or accessory structures.

2. The home occupation shall be carried on by a member or members of the family residing in the dwelling unit. One employee, who is not part of the family residing in the dwelling unit shall be permitted.

3. The home occupation is clearly incidental and secondary to the use of the dwelling unit for residential purposes.

4. There shall be no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal building, except such signs as are permitted.

5. There shall be no more than two (2) commercial vehicles kept outside the garage overnight.

6. Objectionable conditions such as noise, vibration, smoke, dust, electrical disturbance, hazardous materials, odors, heat, or glare shall not be generated. Hours of operation shall be reasonable and normal for residential areas.

7. No traffic shall be generated by such home occupation in greater volumes than would normally be expected in the neighborhood.

8. In addition to the off-street parking provided to meet the normal requirements of the dwelling, adequate off-street parking shall be provided for the vehicle of each employee and the vehicles of the maximum number of users the home occupation may attract during peak operation hours.

9. No more than fifty percent (50%) of the floor area of a residence and an accessory building shall be used for a home occupation.

10. Retail sales are limited to the sale of products or goods produced, fabricated or substantially altered on the premises as a result of the home occupation. This may include products that are not fabricated on the premises as defined above, but which are customarily incidental to the product created by the home occupation.

11. Retail businesses such as restaurants, new or used car sales, auto repair garages, auto body shops, and auto service stations shall not be considered home occupations.

12. The size and number of signs used in connection with a home occupation shall be determined by the sign ordinance.

SECTION 402.7 FLEA MARKETS OPEN AIR MARKETS:

A. Held on land that is owned by the applicant or has written permission from owners to use

B. Before the permit is issued by the Code Enforcement Officer or approved by the Planning Board, whichever is appropriate, the applicant must prove adequate off street parking and provide means of insuring parking provided is used.

C. Market can operate no more than three (3) days a week. All evidence of use must be removed from premises for balance of week.

D. Markets are subject to site plan review procedures.

SECTION 402.8 HORSES OR RIDING ANIMALS:

A) Bovine, cloven hoofed animals, horses or other types of riding or laboring animals such as horses may be kept in any district except the Limited Residential, Resource Protection and the WH2 D Districts, provided that there is a minimum of 120,000 SF of land owned, rented or leased or the first animal to be kept thereon and an additional 10,000 SF for each additional animal to allow pasturing and disposal of animal waste. Animals must be housed at least fifty (50) feet from both the front and rear lot line and twenty five (25) feet from any side lot lines and from the edge of any water body all in full compliance with the best management practices and a Nutrient Management Program per the then current State Law. Any increase in the number of animals kept on the minimum lot size shall first require the owner to have and implement a Nutrient Management Plan prepared and approved by a Nutrient Management Planning Specialist who has been certified by the Commissioner of Agriculture before local approval may be granted.

B) Complaints will be referred to the State of Maine Department of Agriculture for review of compliance and resolution.

SECTION 402.9 NONCONFORMING USES:

The use of any building, structure, or land which is made nonconforming by reason of the enactment of this Ordinance, or which shall be made nonconforming by reason of a subsequent amendment, may be continued, subject to the following provisions:

A. Repairs, Alterations, & Replacements: A nonconforming building or structure may be repaired, maintained or improved, provided the number of square feet of floor area devoted to the nonconforming use is not increased.

A nonconforming building or structure may be voluntarily replaced provided (1) the new building or structure encroaches no further into the setback area than the old building, (2) the total above ground floor area within the setback area does not exceed that of the old, (3) there shall be no additional stories, and (4) construction of the new building or structure must be completed in accordance with a building permit drawn within one year of the demolition of the prior nonconforming building or structure. Before a nonconforming building or structure may be replaced under this paragraph, the owner must provide the Code Enforcement Officer with a Class D survey, conducted before demolition for the nonconforming building or structure showing its exact location on the lot.

A nonconforming building or structure destroyed or damaged by any means beyond the control of the owner may be rebuilt or restored subject to the same conditions imposed

i n the preceding paragraph, except for the Class D survey; the Code Enforcement Officer shall to the best of his/her ability, identify the location of the pre-existing building.

B. Extension of Use: A nonconforming use of a building, structure or land shall not be extended, nor shall a nonconforming use of a part of a building structure or land be extended to other parts of the building structure or land, unless those parts were manifestly arranged or designed for such use prior to the enactment of this Ordinance, or of any amendment making such use nonconforming, until application is made and permit issued by Planning Board.

C. Change from a Nonconforming Use to Another: A nonconforming use of a building, structure or land may be changed to another nonconforming use only when, in the opinion of the Planning Board, the new use is no more objectionable to adjacent properties in the Town than the former use. Any Site Plan Use listed within a District shall be considered no more objectionable than any current nonconforming use, and shall be eligible for Site Plan Use Review. Whenever a nonconforming use is changed to a permitted use, such use shall not thereafter revert to nonconforming status.

D. Discontinued Use: A nonconforming use of a building, structure or land which has been discontinued shall not thereafter be resumed. A nonconforming use shall be considered discontinued if it remains vacant continuously for a period of twelve (12) months.

E. Construction Begun Prior to Ordinance: Nothing herein contained shall require any change in plans, construction or structure, the construction of which shall have been diligently prosecuted previous to the date of enactment of this Ordinance provided that such plans, construction or structure did, to the extent required, receive permits or otherwise conform to the ordinances of the Town of Gray that were in effect prior to the enactment of this Ordinance.

SECTION 402.10 LOTS:

A. Lots which abut on more than one street shall provide the required front setbacks along every street.

B. All structures, whether attached to the principal structure or not, and whether open or enclosed, including porches, carports, balconies, or platforms above normal grade level, shall not project into any required minimum front, side or rear setback.

C. No more than one (1) principal structure and its accessory buildings as regulated in this Ordinance may be located on any one lot, except in the case of a Planned Unit Development and Cluster Housing unless all applicable space and dimensional standards are met separately for each principal structure or use on the lot, subject to the following:

1. Where a lot has more than one existing principal structure or use, any new principal structure or use proposed for the lot, or any proposed division of the lot, shall meet all applicable space and dimensional standards for the new lot or principal structure or use; provided, however, before creation of a new principal structure or use on the lot or division of the lot, the property owner shall provide the Code Enforcement Officer with a sketch plan, drawn to scale, in sufficient detail to satisfy the Code Enforcement Officer that it accurately represents the current conditions in the field; and

2. The creation of a new lot or new principal use or structure must satisfy current space or dimensional standards established for the zone in which the lot is located. Where an existing principal structure is legally nonconforming as to any applicable space or dimensional standard, the creation of a new lot or principal use or structure shall not increase the degree of such nonconformity.

3. No variances are allowed from the provisions of the preceding paragraphs of this section.

D. A single lot of record which, at the effective date of adoption or amendment of this Ordinance, does not meet the area or width requirements, or both, of the District in which it is located may be built upon provided that such lot shall be in separate ownership and not contiguous with any other lot in the same ownership, and that all other provisions of this Ordinance shall be met. Variance of yard or other requirements not involving area or width shall be obtained only by action of the Board of Appeals. (Any lot of record, established on or before January 1, 1970 is a legally nonconforming lot).

E. If two (2) or more contiguous lots or parcels are in single ownership of record at the time of adoption or amendment of this Ordinance, and if all or part of the lots do not meet the dimensional requirements of this ordinance, the lands involved shall be considered to be a single parcel for the purposes of this Ordinance and no portion of said parcel shall be built upon or sold which does not meet dimensional requirements of this Ordinance; nor shall any division of the parcel be made which creates any dimension or area below the requirements of this Ordinance.

Notwithstanding the preceding provisions of this paragraph, lots depicted on a subdivision plan approved by the Planning Board, on or after 1977 shall be buildable, even if contiguous and in the

same ownership, provided however, that any such lot must meet the minimum requirements set forth in 12 M.R.S.A., Subsection 4807-A.

SECTION 402.11 BACK LOTS:

Back lots used for single family purposes shall be permitted, provided they meet the following standards:

1. A sixty (60) foot wide access shall be provided for back lots.

2. Said access shall be owned either in fee or by permanent easement and maintained by the back lot users.

3. Record of said access way shall be recorded as part of the deed of each back lot user on file with the County Register of Deeds.

4. Access way entrance to a street shall conform to standards of the Subdivision Ordinance and shall be approved by the Code Enforcement Officer.

5. The issuance of a building permit for a single family dwelling on a back lot shall in no way be construed to imply the acceptance of any access way for the purpose of maintenance, improvements of snow removal by the Town of Gray.

6. Creation of a subdivision requires compliance with the provisions of the Gray Subdivision Ordinance.

Frontage equal to the street frontage required for the zoning district shall be required along the access way.

1. Any back lot shall be equal to or greater than the minimum lot size required for the zoning district. Computation of minimum lot size area shall not include any portion of the area devoted to an access way.

2. The side lot line nearest and generally parallel to the road to which the back lot access way leads shall be equal to the street frontage required for the zoning district.

SECTION 402.12 CLUSTER HOUSING:

The purpose of this provision is to allow greater flexibility and more innovative approaches to housing and environmental design for the development of single-family, two-family and multi-family residential areas than may be possible under a strict application of the space standards of this Ordinance. This provision is intended to encourage the use of planning and siting techniques for residential development which will result in:

1. Choices in the type of environment and type of dwelling unit, which will be a long-term asset to Gray.

2. Construction of affordable housing through an incentive to lower development costs by advocating an economic building arrangement, traffic circulation and utility construction.

3. The preservation, to the greatest extend possible, of the existing landscape features and the utilization of such features in a harmonious fashion.

4. Recreation facilities which may be better located and used than might otherwise be provided under more conventional land development.

5. Planned variety and coordination in the location of structures, architectural styles, and building forms and relationships.

B. Requirement to Consider Clustered Form of Development:

The developer shall submit, at the conceptual stage of either a proposed subdivision or multi-family development, an alternative development sketch plan which incorporates open space by using clustering. The Planning Board may permit a proposed subdivision or multi-family development to use a clustered form of development to accomplish the goal of preservation of open spaces if one or more of the following criteria are met in addition to the requirements of the Subdivision Ordinance, the Site Plan Review Ordinance, and of this and other performance standards:

1. If any part of the development falls within those lands identified by the Planning Board as lands traditionally used for public access or resource based use.

2. If after review of conceptual plans of the proposed development, the Planning board recommends preservation of significant natural features as may be recommended by the Conservation Commission or the Land Bank Commission.

3. If after review of conceptual plans of the proposed development, the Planning Board recommends dedication or reservation of a portion of the development site for a specific recreational need.

4. If a proposed development abuts a Town-owned property, in which case the Planning Board shall consider the need for an access easement or right-of-way to such land.

5. If the Planning Board determines that due to the type and scale of the proposed development and/or the presence of significant natural features, there is a need for a buffer area between the proposed development and adjacent land.

6. If a proposed development by virtue of land area and location will further the purposes set forth in this Ordinance.

C. General Requirements:

1. Clustered developments will be encouraged over conventional developments whenever possible.

2. Clustered single-family and two-family developments shall be considered as Site Plan Use in RRA, BD, MD, and LD zoning districts and in the AOZ (Aquifer Overlay) district, provided that in the AOZ, the underlying zoning district must be one that also permits clustered development. Clustered multi-family dwellings shall be allowed as a Site Plan Use in the MD district only.

3. All cluster developments shall meet the use standards of the District in which they are located.

4. All cluster developments shall meet the requirements of the site plan review and subdivision Ordinance.

5. To initiate a plan for cluster development, the total minimum gross acreage of the parcel proposed for development shall be as follows:

a. Single-Family & Two-Family:

Rural Residential District 8 acres

Business Development District 8 acres

MD District with public water 4 acres

AOZ District 16 acres

Lake District 16 acres

b. Multi-Family:

MD District 10 acres

6. Allowable density shall be based on net buildable land area, and shall be calculated in the following manner:

a. Determine the net residential acreage of the parcel according to the definition contained in Section 402.4

b. Divide the net residential acreage by the minimum land area per dwelling unit required in the district to obtain the net residential density.

7. A buffer strip of at least fifty (50) feet in width shall be required around the perimeter of the land area for which the cluster project is proposed. The required buffer strip shall consist of undisturbed vegetation provided that the existing vegetation consists of mature trees and acts as an effective screen. If existing vegetation provides a poor visual screen, a mix of new landscaping including trees, shrubs and grasses shall be planted.

8. The scale and surface area of parking areas, driveways and paved areas shall be compatible with adjacent structures, must be properly screened and must provide for parking in accordance with the requirements of the Gray Street Construction Ordinance, Chapter 400.

9. Access to all lots within the clustered development shall be located on the new interior road system constructed as part of the development.

10. Buildings shall be oriented with respect to scenic vistas, natural landscape features, topography and natural drainage areas, in accordance with an overall plan for site development

11. and shall be compatible in terms of physical size, visual impact, intensity of use, proximity to other structures and density of development with other permitted uses within the District. In addition:

a. Individual lots, buildings, streets and parking areas shall be designed and situated:

(1) to minimize alterations of the natural site;

(2) to avoid the adverse effects of shadows, noise and traffic on the residents of the site;

(3) to relate to surrounding properties, to improve the view from and of a building;

(4) so that all dwelling units may take advantage of points of solar access.

b. Diversity and originality in lot layout and individual building, street, parking

and lot layout shall be encouraged.

12. Variation in individual lot size requirements and other dimensional requirements shall not be construed to allow density bonuses. In no case shall the over-all density for the clustered development exceed that allowed under the conventional zoning requirements.

D. Space Standards: (Single-Family & Two-Family):

1. The distance between the foundations of any two principal structures, which includes a principal structure on an internal tract or parcel, shall be no less than the height of the taller of the two buildings, but in no event shall a building separation of less than thirty (30) feet be permitted.

2. The required minimum lot size of the underlying governing district may be reduced in cluster developments by up to 50% provided the reduction complies with the intent of Section 401.12.A of this Ordinance.

3. Road frontage and lot width requirements may be reduced up to 50% provided the reduction complies with the intent of Section 402.12.A of this Ordinance, and provided that minimum road frontage is no less than one hundred (100) feet in distance.

4. A 10% reduction of required setback distances may be allowed at the discretion of the Board, provided the reduction complies with the intent of the Section 402.12.A of this Ordinance and provided that the perimeter buffer required under Section 402.12.C.7 is maintained.

E. Space Standards (Multi-Family Dwellings Consisting of Three or More Units):

In addition to the other requirements of the Ordinance, the following space standards apply specifically to multi-family cluster developments:

General: The construction of any new multi-family dwelling or the conversion of an existing single family dwelling or two family dwelling into a multi-family dwelling shall comply with the

following standards and the Planning Board shall review proposed multi-family dwelling development for compliance with these standards:

1. The number of multi-family dwelling units allowed on a tract or parcel shall be calculated by dividing the net residential acreage of the tract or parcel by the minimum land area per dwelling unit required by the appropriate zoning district for multi-family development.

2. On any tract or parcel, the maximum number of attached dwelling units per structure shall be six (6) and the average number of attached dwelling units per structure shall be four (4). The distance between the foundations of any two principal structures shall be no less than the height of the taller of the two buildings, but in no event shall a building separation of less than thirty (30) feet be permitted or no less than noted in E.4 below.

3. A tract or parcel developed under this Section shall be held either in single or common ownership, shall be at least ten (10) acres in area and shall have the same amount of lot frontage on a public right of way as is required by the underlying District.

4. Setbacks: The following minimum setbacks are required for front, rear or side that adjoin a boundary line of the tract or parcel or a street:

a. Front: the same as in the underlying governing District.

b. Side: the same as in the underlying governing District.

c. Rear: the same as in the underlying governing District.

5. No dwelling unit shall have less than six hundred (600) square feet of finished living area, exclusive of common hallways, basements and unimproved attic areas.

1. All dwelling units in the development shall be connected to a common water supply and distribution system (either public or private) in accordance with any policies of the Gray Water District, unless the developer shall clearly demonstrate to the Planning Board that such a system is not feasible and, in addition:

a. That the costs of providing a common water supply and distribution system are prohibitive;

b. That adequate ground water is available at all locations proposed for individual water systems;

c. That the ground water source(s) proposed for individual water systems is safe from both on-site contamination; and

d. That the source proposed is adequate for installation of life-safety sprinkler systems for the entire development.

2. All structures with required plumbing in the development shall be connected to individual septic systems, or a private collection and treatment system in accordance with the minimum standards set forth in the Maine State Plumbing Code. Proposed systems shall in no way endanger ground water supplies which are currently being utilized as a water source for any existing development, or which plan to be utilized for common or individual water supply by the proposed development.

1. The amount of open space required shall be at least fifty percent (50%) of the net buildable acreage. When reviewing the location and type of open space designated in the cluster development, the Planning Board shall use the following criteria:

a. This open space shall be usable for recreational, agricultural or other outdoor living purposes and for preserving natural features including, but not limited to, large trees, tree groves, woods, ponds, streams, glens, rock outcrops, natural plant life and wildlife cover, deer yards and to the greatest extent possible, shall be contiguous open space. The use of any such open space may be further limited or regulated by the imposition of reasonable conditions at the time of final subdivision approval by the Planning Board where necessary to protect adjacent properties or uses, or the open space itself.

b. If any or all of the open space is to be reserved by the individual unit owners as common open space, each unit owner shall own a fractional interest in the common open space, and the developer shall be required, prior to final subdivision plan approval, to incorporate a homeowners association, which incorporation must comply with the following:

(1) Proposed covenants shall be placed in each deed from the developer to the individual owner, which deed covenants shall require mandatory membership in the homeowners association and shall set forth the unit owners rights, interests, privileges and obligations in the association and in the common open space, including the homeowners associations responsibility and obligation to maintain the common open space and any recreational facilities located therein.

(2) The homeowners association shall develop a system to levy and collect annual charges against any and all individual lot owners to defray any expense connected with the maintenance of common open space and any recreational facilities located therein, and this system shall be described in said deed covenant or by some other legal instrument made binding upon the individual unit owner and running with the land.

(3) The developer shall maintain control of the common open space and be responsible for its maintenance until eighty percent (80%) of the units in the subdivision have been sold, at which time the homeowners association shall be responsible for such maintenance, and this obligation shall be described in said deed covenant or by some other legal instrument made binding upon the individual dwelling unit owner and running with the land.

(4) All such proposed deed covenants and other legal documents pertaining to common open space shall be approved by the Planning board, then recorded in the Cumberland County Registry of Deeds, and included or referred to in the deed to each unit.

(5) At the option of the Town, some or all of the open space may be dedicated to the Town of Gray, subject to acceptance by the Town Council.

(6) Some or all of the open space may be dedicated to a nonprofit land trust for conservation, passive recreation purposes or active recreation purposes.

(7) Any dedication of open space must be made through appropriate legal instruments, reviewed by the Town Attorney and approved by the Planning Board.

(8) The open space(s) shall be shown on the subdivision plan with appropriate notation on the face thereof to indicate that it shall not be used for future buildings or structures.

(9) All legal documents required under this subsection must be reviewed by the Town Attorney before being submitted with the final subdivision plan application.

SECTION 402.12.1 PLANNED UNIT DEVELOPMENT:

A. The Planning Board, in reviewing and approving proposed commercial and retail developments located in the Town, may modify provisions related to minimum lot size, lot frontage, number of structures, and setback size to permit innovative approaches to commercial and retail development and environmental design in accordance with the following standards. This shall not be construed as granting variances to relieve hardship.

1. The Planning Board may reduce lot frontage requirements by not more than twenty-five (25) percent.

2. The Planning Board may reduce front setback requirements by no more than twenty-five (25) percent.

B. The purpose of the Planned Unit Development shall be to encourage a development which will result in:

1. A choice in the types of environment, a mixture of commercial and retail use and quality in land use so that development will be a permanent and long-term asset to the Town.

2. An aesthetically-pleasing development, innovative design standards, open space and ample off-street parking and traffic circulation.

3. A pattern of development which reserves trees, outstanding natural topography and geologic features and prevents soil erosion.

4. An efficient use of land resulting in smaller networks of streets and utilities, encouraging the use of underground utilities.

5. An environment in harmony with surrounding development.

6. A more desirable environment than would be possible through the strict application of other sections of this Ordinance.

7. Encouragement of central water and sewer systems.

C. Any use of the land within the Planned Unit Development shall not differ from the uses permitted in the district in which the plan is located.

D. The minimum land area (square feet) under Planned Unit Development shall conform to district requirements.

E. Any development contrary to the approved unit plan shall constitute a violation of this Ordinance.

SECTION 402.13 SIGNS:

All signs are specifically prohibited, except as provided in the Sign Ordinance, Chapter 406.

SECTION 402.14 MOBILE HOME PARKS:

Mobile Home Parks shall be subject to the provisions of Chapter 402.A of the Mobile Home park Ordinance.

SECTION 402.15 USE OF MOBILE HOMES AS SINGLE-FAMILY DWELLINGS:

A mobile home may be used as a single-family dwelling subject to the following requirements:

A. No person, firm or corporation shall move or cause to be moved into the Town of Gray a mobile home to be located otherwise than in a duly-licensed mobile home park without first securing a temporary permit from the Code Enforcement Officer to do so.

B. The application for such permit shall state the name of the owner of the mobile home, its make, serial number, length, width, color and any other identification information that the Code Enforcement Officer may require.

C. The applicant shall also state the proposed location in the Town where the mobile home is to be placed. The owner of the mobile home must own the lot upon which the mobile home is to be placed.

D. The applicant shall also furnish the Code Enforcement Officer with a plot plan showing the boundary lines of the lot proposed for the location of the mobile home, and also showing the sewage disposal area.

E. The applicant shall also furnish the Code Enforcement Officer with reliable information relating to soil tests conducted on the sewage disposal area in accordance with any applicable state law, code or regulation and must demonstrate that soil conditions are suitable for the absorption of waste materials from septic tanks.

1. The temporary permit shall expire sixty (60) days after its issuance and if not replaced by the permanent permit, as hereinafter provided, within said period, any mobile home moved or caused to be moved into the Town shall either be moved to a duly licensed mobile home park or removed from the limits of the Town.

2. A temporary permit may be granted by the Code Enforcement Officer to reside in a mobile home during the construction of a permanent home on the same lot as long as a valid building permit is held by the applicant. The permit shall be subject to annual review by the Code Enforcement Officer and may be renewed if, in his/her judgement, reasonable progress is being made and nuisance conditions do not exist.

G. The Code Enforcement Officer may grant a permanent permit for the location of the mobile home on the lot referred to in the temporary permit provided that the following additional requirements are met:

1. The applicant shall have constructed a permanent and continuous masonry foundation for the mobile home and located and securely fastened the mobile home upon said foundation.

2. Said foundation shall be around the entire perimeter of the mobile home and shall be on concrete or building blocks bounded together on an 8” x 16” footing extending at least four (4) feet below grade. Said foundation may contain suitable openings for ventilation not to exceed 32” x 16” in area except that opening for windows or doors in said foundation may be of a larger size.

3. The ground floor area of said mobile home shall be at least 400 square feet.

4. The lot upon which said mobile home is located shall meet the space regulations set forth in this Ordinance and shall have a minimum lot area required by the applicable zoning district.

H. The provision of this section shall not apply in the following situations:

1. A householder may permit bona fide guests to park not more than two (2) travel trailers or motor homes in the yard adjacent to such house for a period not exceeding thirty (30) days, provided that the travel trailer or motor home is used only for sleeping purposes during said period and also provided that the householder shall have granted permission to the travel trailer or motor home occupant to use the householders toilet facilities.

2. An unoccupied travel trailer or motor home may be stored on any lot subject to all regulations concerning setbacks for buildings provided that it shall not be used for living or sleeping purposes during said period of storage.

3. No travel trailer or motor or mobile home shall be used as a permanent office, but may be used for a temporary demonstration and sale of such articles or services as may be readily transported or displayed in a trailer or mobile home by a distributor or salesperson if situated in the applicable zoning district for a period not to exceed fifteen (15) days; provided, further, that such a travel trailer or motor, or mobile home may be used as temporary office headquarters (including electricity and phone) for a bona fide charitable organization for a period not to exceed one year. During such period such a trailer or motor or mobile home shall not be used for living or sleeping purposes. The Municipal Officers may extend said sixty (60) day period in the case of trailers or mobile homes used as offices on construction work, renewable by the Code Enforcement Officer, until construction is completed.

I. The travel trailer or mobile home lawfully established at the time of adoption of this section shall not be affected by this section, and such travel trailer or mobile home affected by this section may be replaced with another travel trailer or mobile home, but not later than ninety (90) days after its destruction, removal, or abandonment.

SECTION 402.15.1 ACCESSORY APARTMENTS:

Accessory apartments are permitted as a Site Plan use in the RRA, AOZ, VAP, LD and MD districts, subject to Planning Board approval and in the BD district subject to the approval of the Code Enforcement Officer, and adherence to the following standards:

A. The owner of the principal structure must reside in the principal structure of the accessory unit.

B. The occupant of the accessory unit must be a member of the immediate family of the owner of the principal structure. Immediate family shall include father, mother, son, daughter, sister and brother.

C. The number of occupants of the accessory unit is limited to two.

D. The accessory unit shall contain up to maximum of 660 square feet of living space.

E. The septic system on the property in question shall be functioning properly at the time of application for site plan use permit approval. In addition, the applicant shall submit a new

HHE 200 form as documentation that another area of suitable soil exists on the property to be used for septic system repair in the event of failure of the original system.

F. The parking requirements of the Gray Zoning Ordinance shall be adhered to.

G. Proper ingress and egress shall be provided to the accessory unit.

H Upon approval of the addition of an accessory unit by the Planning Board, or Code Enforcement Officer whichever the case may be, a deed restriction shall be placed on the property in question, limiting the approval of the accessory unit as a non-market rental subject to the standards of A through G.

I. Should the owners of the principal structure be found in noncompliance of the standards contained in this section, the accessory unit shall be discontinued, and the structure shall revert to single family use.

SECTION 402.15.2 AIRPORTS AND HELIPORTS:

Airports and heliports, as defined herein, shall be allowed in districts where permitted by this Ordinance, subject to approval by the Planning Board under Site Plan Review. Any and all necessary Federal and State approvals must be obtained by the applicant prior to final Planning Board approval under the Site Plan Use provisions. Airports and heliports shall be further subjected to the following provisions:

1. No commercial operations or activities shall be permitted on or from the airport or heliport.

2. No more than six (6) aircraft shall be permitted at the airport or heliport at any one time.