On the agenda: Standish meeting — data center (Sep 15)
Past ⚠ Agenda Watch Standish, Maine · Tuesday, September 15, 2026 — 3 days ago
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The published agenda for this September 15 meeting contains: "data center". The meeting has passed; the record and its outcome live here permanently.
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Planning & Development Department
Standish Town Hall
175 Northeast Rd
Standish, Maine 04084
Scott Hastings
Town Planner
[email protected]
Phone: (207) 642-1041
Ordinance Committee Agenda
The Ordinance Committee will hold a meeting on 9/15/26 at 4:00 PM. The meeting will be held in the
Watchic Lake room at Standish Town Hall.
Old Business:
1. Zoning changes related to Home Occupations and Agriculture
New Business:
1. Solicitation ordinance
To ensure your participation in this meeting, please inform us of any special requirements you have
regarding a disability at 642-3466
Planning & Development Department
Standish Town Hall
175 Northeast Rd
Standish, Maine 04084
Scott Hastings
Town Planner
[email protected]
Phone: (207) 642-1041
Ordinance Committee Minutes
Draft until approved by the committee
The Ordinance Committee held a meeting on 3/17/26 at 4:00 PM in the Watchic Lake room at
Standish Town Hall. Brandon Watson, Jen Thomas and Brian Libby of the ordinance committee
were present.
Old Business:
None
New Business:
1. Request to rezone 190 Northeast Road from Industrial to Standish Corner.
The property owner spoke and stated that he was looking for more flexibility in
attracting new tenants and in potentially further developing the property. The town
planner stated that none of the current conditions of the site would conflict with the new
zone and that the industrial zone effectively forbid the development of the land between
the current building and the road. The committee discussed the issue and recommended
that it be sent to the full council.
2. Zoning Changes related to Home Occupations and Agriculture.
The town planner reviewed ideas that he had been working on to simplify and soften the
home occupation regulations to allow more use of accessory buildings, reduce the 4 tiers
of home occupation to 2, and allow limited sales without Planning Board review. The
changes would also clarify agriculture definitions including added a commercial
greenhouse definition. It would also allow roadside farmstands accessory to residential
uses without review. The committee discussed the issues and asked the town planner to
bring draft language to the next meeting.
3. Discussion of upcoming changes to be worked on in the next year.
The town planner stated that he expected to be working on changes around housing and
density required by recent state laws, a variety of smaller house keeping changes, a
revision of road construction standards, and potential a shoreland zoning update. The
committee suggested that a solicitation ordinance, data center standards, and allowing
variable message signs were issues they saw being discussed.
Home occupation, Farmstand, and Agriculture changes
9/15/26
Summary:
The initial reason to look at this was to ensure that our ordinances were not restricting
residents ability to have roadside farm stands. This has expanded somewhat to include a
broader review of how the ordinance covers agricultural and home occupation uses as a
whole. Please note that the use lists in the draft language have not been fully updated to be
re-numbered or remove the home retail sales, home occupation 3, and Tradesman uses.
These will be completed prior to final language.
Agriculture:
Changes Agriculture and Animal husbandry definitions to explicitly state that animal
husbandry does not include sales accessory to a residential use as allowed under
home occupation/retail sales.
Adds the following definitions of a commercial greenhouse:
COMMERCIAL GREENHOUSE, AGRICULTURE – A structure for the cultivation of the
soil for food products, other useful or valuable growths of the field or garden, or nursery
stock which is carried out as a business or gainful occupation but which is not open to
the public as part of a retail business.
COMMERCIAL GREENHOUSE, RETAIL – A structure for the cultivation or storage of
plants that is a part of or accessory to a primary retail business use as defined in this
ordinance.
Agricultural greenhouses under 5,000sqft would be allowed in all zones except industrial
and water oriented commercial with CEO review. Agricultural Greenhouses over
5,000sqft would require planning board site plan review and not be allowed in
Industrial, Water oriented commercial, Residential, village center, Standish Corner
Town Main; and Sebago Lake Village Core, Residential, and Lake Access.
Retail greenhouses would be permitted as a retail use and follow that standard meaning:
they would be allowed in all zones but Residential and Sebgo lake village residential;
and would be size limited in many other zones.
Home Retail Sales
The proposed language would remove this as a separate use and have it be more closely
tied to homoe occupations. Home retail sales would need to be tied to a home
occupation and follow those rules in addition to retail sale specific rules. They would
be permitted by the same entity the permitted the underlying home occupation.
An exemption from review has been added for roadside farm stands accessory to
residential uses provided they are only selling unprocessed food items from the
property and meet certain requirements. Processed food items are more regulated by
the state and it is reasonable to make them come to the CEO to make sure that they
are following the laws.
Home Occupations:
Our home occupation regulations are cumbersome and restrictive. Currently we have 3
tiers of home occupation plus a tradesman use.
Max %
Signs
Can be
Max
Max
Retail
of
allowed? in nonemployees clients sales
dwelling
house
on site
on site possible?
unit
building
Level 1
15%
No
No
1
2
No
Level 2
20%
Yes
No
1
2?
Yes
Level 3
35%
Yes
Yes
3
2?
Yes
Tradesman N/A
Yes
Must be 2
N/A
Doesn’t
say
This proposes toe explicitly exempt some home o ice uses by adding the following to the
definition:
A home office, including for telecommuting purposes, which is used by only residents of the
residence and does not involve any signs, public access, outdoor storage or displays is not
considered a home occupation and is not regulated by this definition.
It then removes the Trandemen use (it is redundant now that all home occupations can be in
an accessory building) and make Home occupations a 2 tiered use as follows:
Level 1/2:
Max %
Signs
Can be in Max
Max
Retail
of
allowed? nonemployees clients sales
dwelling
house
on site
on site possible?
unit
building
Level 1
25%
Yes
Yes
2
2
Yes
Level 2
50%
Yes
Yes
3
N/A
Yes
AMENDMENTS TO STANDISH TOWN CODE, CHAPTER 181, LAND USE, HOME
OCCUPATION AND AGRICULTURE
(Additions are underlined; deletions are struck out.)
CHAPTER 181 – LAND USE
PART 1
ZONING
●●●
ARTICLE II
Definitions
§181-3 Terms Defined
●●●
AGRICULTURE – Includes the cultivation of the soil for food products or other useful or
valuable growths of the field or garden, nursery stock and noncommercial greenhouses, but
does not include dairying, the raising of livestock or the breeding or keeping of animals, fowl or
birds where the same is carried on as a business or gainful occupation. Sales accessory to a
residential use as allowed under Home Retail Sales is not considered a “business or gainful
occupation”.
ANIMAL HUSBANDRY – Permits dairying, the raising of livestock and the breeding or keeping
of animals, fowl or birds as a business or gainful occupation. Sales accessory to a residential
use as allowed under Home Retail Sales is not considered a “business or gainful occupation”.
●●●
COMMERCIAL GREENHOUSE, AGRICULTURE – A structure for the cultivation of the soil for
food products, other useful or valuable growths of the field or garden, or nursery stock which is
carried out as a business or gainful occupation but which is not open to the public as part of a
retail business.
COMMERCIAL GREENHOUSE, RETAIL – A structure for the cultivation or storage of plants
that is a part of or accessory to a primary retail business use as defined in this ordinance.
●●●
HOME OCCUPATION – An occupational activity which is clearly accessory to the primary
residential use of a building as defined by § 181-35.2.1 through § 181-35.2.3, home occupation
levels. A home office, including for telecommuting purposes, which is used by only residents of
the residence and does not involve any signs, public access, outdoor storage or displays is not
considered a home occupation and is not regulated by this definition.
1
HOME RETAIL SALES – Limited retail sales as allowed under the standards of § 181-35.3 All
home retail sales shall be approved by the Planning Board as part of a home occupation and
shall meet and maintain all standards contained in this Part 1.
●●●
KENNEL – A commercial establishment in which three or more dogs, cats or other
domesticated animals are housed, groomed, bred, boarded, trained or sold, all for financial
consideration.
●●●
RETAIL BUSINESS – Any business primarily engaged in the sale, rental or lease of goods or
services individually or in small quantities to the ultimate consumer for direct consumption or
use and not for resale. Retail trade or business shall not include other commercial uses
specifically defined herein.
●●●
§ 181-4 RR-Rural Residential Districts.
●●●
B. Permitted uses, not requiring site plan review, shall be as follows. Such uses shall require
approval from the Code Enforcement Officer only.
●●●
(4) Commercial Greenhouse, Agriculture less than 5,000sqft
(5) Dwelling, single-family.
(5)(6) Forestry management.
(6)(7) Home Care Services.
(7)(8) Home occupations, Level 1.
(8)(9) Manufactured housing units.
(9)(10) Solar energy system, roof-mounted.
(10)(11) Solar energy system, small-scale.
(11)(12) Timber harvesting.
C. Permitted uses requiring site plan review shall be as follows. Such uses shall require
Planning Board approval, in accordance with Part 2 of this chapter.
●●●
(6) Commercial Greenhouse, Agriculture greater than 5,000sqft
(7) Day-care home.
(7)(8) Dwelling, two-family.
(8)(9) Home occupation, level 2.
(9) Home retail sales.
2
●●●
§ 181-5 RU-Rural Districts.
●●●
B. Permitted uses, not requiring site plan review, shall be as follows. Such uses shall require
approval from the Code Enforcement Officer only.
●●●
(5) Commercial Greenhouse, Agriculture less than 5,000sqft
(6) Dwelling, single-family.
(6) Forestry management.
(7) Home Care Services.
(8) Home occupations, Level 1.
(9) Manufactured housing units.
(10) Solar energy system, roof-mounted.
(11) Solar energy system, small-scale.
(12) Timber harvesting.
C. Permitted uses requiring site plan review shall be as follows. Such uses shall require
Planning Board approval, in accordance with Part 2 of this chapter.
●●●
(7) Commercial Greenhouse, Agriculture greater than 5,000sqft
(8) Day-care home.
(8) Dwelling, two-family.
(9) Dwelling, three-family.
(10) Funeral homes.
(11) Gravel excavation.
(12) Home occupation, Level 2.
(13) Home occupation, Level 3.
(14) Home retail sales.
(15) Kennels.
(16) Meteorological tower and small wind energy systems, as defined in § 181-49.21.
(17) Municipal uses.
(18) Private clubs.
(19) Public utilities.
(20) Residential care facility.
(21) Restaurants.
(22) Retail business, less than 2,000 square feet.
(23) Social events center.
(24) Solar energy system, medium-scale.
(25) Solar energy system, large-scale.
(26) Tradesman.
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(27) Veterinary clinics.
●●●
§ 181-6 R-Residential Districts.
●●●
A. Land uses in this district shall require written approval from the authority, as indicated, prior
to issuance of a permit by the Code Enforcement Officer. Permitted uses, not requiring site
plan review, shall be as follows. Such uses shall require approval from the Code
Enforcement Officer only.
●●●
(5) Commercial Greenhouse, Agriculture less than 5,000sqft
(6) Dwelling, two-family.
(6) Forestry management.
(7) Home care services.
(8) Home occupations, Level 1.
(9) Manufactured housing units.
(10) Solar energy system, roof-mounted.
(11) Solar energy system, small-scale.
(12) Timber harvesting.
●●●
§ 181-7 VC-Village Center Districts.
●●●
B. Permitted uses, not requiring site plan review, shall be as follows. Such uses shall require
approval from the Code Enforcement Officer only.
●●●
(4) Commercial Greenhouse, Agriculture less than 5,000sqft
(5) Dwelling, single-family.
(5) Dwelling, two-family.
(6) Forestry management.
(7) Home care services.
(8) Home occupations, Level 1.
(9) Solar energy system, roof-mounted.
(10) Solar energy system, small-scale.
(11) Timber harvesting.
●●●
4
§ 181-7.1 Form Based Code Village Districts (FBCVD).
●●●
E. Standish Corner District standards.
(1) Town Main (TM) standards.
●●●
(e) Town Main (TM) allowed land uses and permit requirements (TM).
●●●
[3] Permitted uses, not requiring site plan review, shall be as follows. Such uses shall
require approval from the Code Enforcement Officer only:
●●●
[d] Commercial Greenhouse, Agriculture less than 5,000sqft
[e] Dwelling, single-family.
[e] Dwelling, two- or three-family.
[f] Dwelling, four-family.
[g] Forestry management.
[h] Home occupation Level 1.
[i] Home occupation Level 2.
[j] Home occupation Level 3.
[k] Home retail sales.
[l] Solar energy system, roof-mounted.
[m] Solar energy system, small-scale.
[n] Timber harvesting.
[o] Tradesman.
[p] Yard or garage sale.
●●●
(2) Town Avenue (TA) standards.
●●●
(f) Town Avenue (TA) allowed land uses and permit requirements (TA).
●●●
[3] Permitted uses, not requiring site plan review, shall be as follows. Such uses shall
require approval from the Code Enforcement Officer only:
●●●
5
[d] Commercial Greenhouse, Agriculture less than 5,000sqft
[e] Dwelling, single-family.
[e] Dwelling, two- or three-family.
[f] Dwelling, four-family.
[g] Forestry management.
[h] Home occupation Level 1.
[i] Home occupation Level 2.
[j] Home occupation Level 3.
[k] Home retail sales.
[l] Solar energy system, roof-mounted.
[m] Solar energy system, small-scale.
[n] Timber Harvesting.
[o] Yard or garage sale.
[4] Permitted uses requiring site plan or subdivision review shall be as follows. Such
uses shall require Planning Board approval, in accordance with Part 2 or Part 3 of
this chapter:
●●●
[e] Commercial Greenhouse, Agriculture greater than 5,000sqft
[f] Commercial recreation.
[f][g] Convenience store.
[g][h] Day-care center.
[h][i] Day-care home.
[i][j] Dwelling, multi-family.
[j][k] Elderly housing.
[k][l] Flea market.
[l] Greenhouse.
●●●
(3) Town Gateway (TG) standards.
●●●
(e) Town Gateway (TG) Zone allowed land uses and permit requirements (TG).
●●●
[3] Permitted uses, not requiring site plan review, shall be as follows. Such uses shall
require approval from the Code Enforcement Officer only:
●●●
[d] Commercial Greenhouse, Agriculture less than 5,000sqft
[e] Dwelling, single-family.
6
[e] Dwelling, two- or three-family.
[f] Dwelling, four-family.
[g] Forestry management.
[h] Home occupation Level 1.
[i] Home occupation Level 2.
[j] Home occupation Level 3.
[k] Home retail sales.
[l] Solar energy system, roof-mounted.
[m] Solar energy system, small-scale.
[n] Timber harvesting.
[o] Tradesman.
[p] Yard or garage sale.
[4] Permitted uses requiring site plan or subdivision review shall be as follows. Such
uses shall require Planning Board approval, in accordance with § 181-7.1 and Part
2 and Part 3 of this chapter:
●●●
[g] Commercial Greenhouse, Agriculture greater than 5,000sqft
[h] Commercial recreation.
[h][i] Convenience store.
[i][j] Collision repair garage.
[j][k] Day-care center.
[k][l] Day-care home.
[l][m] Dwelling, multi-family.
[m][n] Elderly housing.
[n][o] Flea market.
[o][p] Fueling station
[p] Greenhouses.
●●●
(4) Town Residential (TR) standards.
●●●
(f) Town Residential (TR) allowed land uses and permit requirements (TR).
●●●
[3] Permitted uses, not requiring site plan review, shall be as follows. Such uses shall
require approval from the Code Enforcement Officer only:
●●●
[d] Commercial Greenhouse, Agriculture less than 5,000sqft
[e] Dwelling, single-family.
7
[e] Dwelling, two- or three-family.
[f] Dwelling, four-family.
[g] Forestry management.
[h] Home occupation Level 1.
[i] Home occupation Level 2.
[j] Home occupation Level 3.
●●●
[4] Permitted uses requiring site plan or subdivision review shall be as follows. Such
uses shall require Planning Board approval, in accordance with Part 2 or Part 3 of
this chapter:
●●●
[f] Commercial Greenhouse, Agriculture greater than 5,000sqft
[g] Dwelling, multi-family.
[g] Elderly housing.
[h] Municipal services.
[i] Public utility.
[j] School.
[k] Village housing.
●●●
F. Sebago Lake Village District standards.
(1) SLV Core (SLVC) standards.
●●●
(e) Sebago Lake Village Core (SLVC) allowed land uses and permit requirements
(SLVC).
●●●
[4] Permitted uses, not requiring site plan review, shall be as follows. Such uses shall
require approval from the Code Enforcement Officer only:
●●●
[d] Commercial Greenhouse, Agriculture less than 5,000sqft
[e] Dwelling, single-family.
[e] Dwelling, two- or three-family.
[f] Dwelling, four-family.
[g] Forestry management.
[h] Home occupation Level 1.
[i] Home occupation Level 2.
8
[j] Home occupation Level 3.
●●●
(2) SLV Gateway (SLVG) standards.
●●●
(e) Sebago Lake Village Gateway (SLVG) allowed land uses and permit requirements
(SLVG).
●●●
[4] Permitted uses, not requiring site plan review, shall be as follows. Such uses shall
require approval from the Code Enforcement Officer only;
●●●
[d] Commercial Greenhouse, Agriculture less than 5,000sqft
Dwelling, single-family.
[e] Dwelling, two- or three-family.
[f] Dwelling, four-family.
[g] Forestry management.
[h] Home occupation Level 1.
[i] Home occupation Level 2.
[j] Home occupation Level 3.
●●●
[5] Permitted uses requiring site plan or subdivision review shall be as follows. Such
uses shall require Planning Board approval, in accordance with Part 2 or Part 3 of
this chapter:
●●●
[g] Commercial Greenhouse, Agriculture greater than 5,000sqft
[h] Commercial recreation.
[h] Convenience store.
[i] Day-care center.
[j] Day-care home.
[k] Dwelling, multi-family.
[l] Elderly housing.
[m] Flea market.
[n] Greenhouses.
●●●
(3) SLV Residential (SLVR) standards.
9
●●●
(e) SLV Residential allowed land uses and permit requirements (SLVR).
●●●
[4] Permitted uses, not requiring site plan review, shall be as follows. Such uses shall
require approval from the Code Enforcement Officer only:
●●●
[d] Commercial Greenhouse, Agriculture less than 5,000sqft
[e] Dwelling, single-family.
[e] Dwelling, two- or three-family.
[f] Dwelling, four family.
[g] Forestry management.
[h] Home occupation Level 1.
[i] Home occupation Level 2.
[j] Home occupation Level 3.
●●●
(5) SLV Business (SLVB) standards.
●●●
(f) Sebago Lake Village Business (SLVB) allowed land uses and permit requirements
(SLVB).
●●●
[4] Permitted uses, not requiring site plan review, shall be as follows. Such uses shall
require approval from the Code Enforcement Officer only;
●●●
[d] Commercial Greenhouse, Agriculture less than 5,000sqft
[e] Dwelling, single-family.
[e] Dwelling, two- or three-family.
[f] Dwelling, four family.
[g] Forestry management.
[h] Home occupation Level 1.
[i] Home occupation Level 2.
[j] Home occupation Level 3.
●●●
10
[5] Permitted uses requiring site plan or subdivision review shall be as follows. Such
uses shall require Planning Board approval, in accordance with Part 2 or Part 3 of
this chapter:
●●●
[g] Commercial Greenhouse, Agriculture Greater than 5,000sqft
[h] Commercial recreation.
[h] Convenience store.
[i] Church.
[j] Day-care center.
[k] Day-care home.
[l] Dwelling, multi-family.
[m] Elderly housing.
[n] Flea market.
[o] Greenhouses.
●●●
§ 181-8 BC-Business and Commercial Districts.
●●●
B. Permitted uses, not requiring site plan review, shall be as follows. Such uses shall require
approval from the Code Enforcement Officer only.
●●●
(4) Commercial Greenhouse, Agriculture less than 5,000sqft
(5) Forestry management.
(5) Home care services.
(6) Home occupation, Level 1.
(7) Single-family dwellings with two-acre-per-dwelling-unit minimum lot size.
(8) Solar energy system, roof-mounted.
(9) Solar energy system, small-scale.
●●●
C. Permitted uses requiring site plan review shall be as follows. Such uses shall require
Planning Board approval, in accordance with Part 2 of this chapter.
●●●
(7) Commercial Greenhouse, Agriculture greater than 5,000sqft
(8) Commercial recreation.
(8) Commercial wood processing.
(9) Day-care home.
(10) Dwelling, two-family with two-acre-per-dwelling-unit minimum lot size.
11
(11) Finished wood products.
(12) Fueling station.
(13) Funeral home.
(14) Health care facility.
(15) Heavy-duty repair garage.
(16) Heavy-duty repair facility.
(17) Home occupation, Level 2.
(18) Home occupation, Level 3.
●●●
§ 181-35.2.1 Home occupation Level 1.
A. The occupation shall be carried on wholly within the principal building or within accessory
structures on the same lot such as a barn or garage.
B. Not more than onetwo full-time equivalent person outside the dwelling unit shall be employed
in the home occupation, and no more than onetwo such individuals shall be on the premises
at any given time.
C. There shall be no exterior display, no exterior sign; provided, however, that in the Form
Based Code Village Districts, a two-square-feet-in-area wall-mounted sign at the first-floor
building entrance is allowed. No exterior storage of material nor other exterior indication of
the home occupation or variation from the residential character of the principal building. Any
sign must meet standards contained in § 181-17; provided, however, that in Form Based
Code Village Districts, a four-square-feet-in-area wall-mounted sign at the first floor building
entrance is allowed.
D. No nuisance, noise exceeding levels as established in Chapter 206, Noise, vibration, smoke,
dust, odors, heat, glare or electrical distribution shall be generated by the home occupation.
E. Traffic in excess of that customarily occurring in a residential neighborhood shall not be
generated. (Residential traffic shall be measured according to the current edition of the
Institute for Traffic Engineers handbook.)
F. Customers or clients must be limited to no more than two at any one time in the structure.
G. TheLevel 1 home occupations shall not utilize more than 1525% of the total floor area of the
dwelling unit or principal structure; provided, however, that in Form Based Code Village
Districts, itthey shall not utilize more than 50% of the total floor area of the dwelling unit and
requires prior approval of the Code Enforcement Officer. Level 1 home occupations shall
not utilize a total floor area in accessory structures that is more than 50% of the total floor
area of the principle structure.
H. Retail sales are allowed as specified in § 181-35.3. cannot be considered a Level 1 home
occupation.
12
I. Multiple home occupations may operate from a single dwelling provided the sum total number
of employees, on site customers or clients, and floor area of all home occupations is within
the standards allowed by § 181-35.2.1.B, F and G. respectively. No more than one home
occupation, as determined by the Planning Board, shall be permitted within any single
dwelling unit.
J. Adequate year-round off-street parking spaces shall be provided for the maximum number of
vehicles on site at any one time. In no case shall parking be on a road.
K. If customers/clients may need to visit the site for the home occupation, provisions must be
made to ensure that all vehicles can safely enter and exit the property.adequately turn
around on site before re-entering the road.
L. Home occupation Level 1 can include but not be limited to the following: art or craft studio,
dressmaking service, teaching or tutoring facilities. Home occupation Level 1 shall not be
interpreted to include the following: facilities for repair of motor vehicles or day-care center.
M. CEO approval is required. If Level 1 home occupations are allowed with CEO review on a
property and the CEO denies the application for a Level 1 home occupation If the
owner/applicant wishes tomay appeal the denial a determination made by the CEO for a
home occupation Level 1 application, the owner/applicant shall apply to the Planning Board,.
and the The Planning Board shall review the application under the provisions of this section
§ 181-35.2 and approve or deny the application by applying the standards for Site Plan
review as found in § 181-73determine the conditions that must be met and maintained.
§ 181-35.2.2 Home occupation Level 2.
Same conditions as home occupation Level 1, except that:
A. The occupation may be carried on wholly within the principal building or within accessory
structures on the same lot such as a barn or garage.
B. Not more than twothree people outside the home shall be employed in the home occupation.
Not more than onetwo of the nonhousehold employees shall be actively working on the
property at any one time; provided, however, that in the Form Based Code Village Districts,
not more than two of the nonhousehold employees shall be actively working on the property
at any one time.
C. Any sign must meet standards contained in this Part 1§ 181-17; provided, however, that in
Form Based Code Village Districts, a twosix-square-feet-in-area wall-mounted sign at the
first floor building entrance is allowed.
D. TheLevel 2 home occupations shall not utilize more than 2040% of the total floor area of the
dwelling unit or primary structure; provided, however, that in Form Based Code Village
Districts, they shall not utilize more than 50% of the total floor area of the dwelling unit. Level
2 Home occupations shall not utilize a total floor area in accessory structures that is more
than 75% of the total floor area of the principle structure.
13
E. Retail sales are allowed as specified in § 181-35.3. Services are allowed on the premises;
however, no retail sales are allowed unless all necessary approvals are obtained. All retail
sales must be directly related to the home occupation as determined by the Planning Board.
F. Home occupation Level 2 shall include but not be limited to the following: art studio,
dressmaking shop, hairdressing shop, teaching or tutoring facilities, office of a physician,
optometrist, lawyer, engineer, architect or accountant, office of a real estate broker, or agent
of an insurance broker. Home occupation Level 2 shall not be interpreted to include the
following: facilities for the repair of motor vehicles, or daycare centers nor retail sales.
G. Planning Board site plan review and approval is required; provided, however, that in the
Form Based Code Village Districts, only Code Enforcement Officer review and approval is
required.
G. No nuisance, noise exceeding levels as established in Chapter 206, Noise, vibration, smoke,
dust, odors, heat, glare or electrical distribution shall be generated by the home occupation.
H. Multiple home occupations may operate from a single dwelling provided the sum total
number of employees and floor area of all home occupations is within the standards allowed
by § 181-35.2.2.B, and D. respectively.
I. Traffic generated must be within that to be expected for the size and traffic volume of the road
which provides access to the property where the home occupation is proposed,
J. Adequate year-round off-street parking spaces shall be provided for the maximum number of
vehicles on site at any one time. In no case shall parking be on a road. Provisions must be
made to ensure that all vehicles can adequately turn around on site before re-entering the
road.
K. If Level 2 home occupations are allowed with CEO review on a property and the CEO denies
the application for a Level 2 home occupation the owner/applicant may appeal the denial to
the Planning Board. The Planning Board shall review the application under the provisions of
this section § 181-35.2 and approve or deny the application by applying the standards for
Site Plan review as found in § 181-73. The CEO may require site plan review of a Level 2
Home Occupation in zones where only CEO approval is required if they feel that site plan
review is more appropriate based on the potential for impacts to neighboring properties.
§ 181-35.2.3 Home occupation Level 3.
Same conditions as home occupation Level 2, except that:
A. The occupation may be carried on wholly within the principal structure or within accessory
structures on the same lot such as a barn or garage.
B. Not more than three people outside the household shall be employed in the home
occupation.
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C. Any sign must meet standards contained in this Part 1, provided that the total sign area does
not exceed eight square feet in area; provided further, however, that in the Form Based
Code Village Districts, only a four-square-feet wall-mounted sign at the first-floor building
entrance is allowed.
D. The home occupation shall not utilize more than 35% of the total floor area of the dwelling
unit or principal structure; provided, however, that in the Form Based Code Village Districts,
it shall not utilize more than 50% of the total floor area of the dwelling unit or principal
structure.
E. For home occupations located outside Form Based Code Village Districts, and comprising
more than 20% of the principal structure:
(1) The minimum lot size specified for the district must be increased 30%;
(2) Setbacks from directly abutting residential lots must be doubled; and
(3) The number of commercial parking spaces specified in this Part 1 must be provided
directly behind the principal structure.
F. Any retail sales must be directly related to the home occupation.
G. Home occupation Level 3 shall include but not be limited to the following: art studio,
dressmaking shop, hairdressing shop, teaching or tutoring facilities, office of a physician,
optometrist, lawyer, engineer, architect or accountant, office of a real estate broker, or agent
of an insurance broker. Home occupation Level 3 shall not be interpreted to include the
following: facilities for the repair of motor vehicles, daycare centers nor retail sales.
H. Planning Board site plan review and approval is required; provided, however, that in Form
Based Code Village Districts, only Code Enforcement Officer review and approval is
required.
§ 181-35.3 Home retail sales.
A. Home retail sales are limited retail sales which are directly related to an approved home
occupation and which meets and maintains all of the standards listed below. Home retail
sales must be separately approved from the base home occupation and may be approved by
the same review body which granted the approval for the base home occupation; provided
the retail sales are determined to be able to operate within he standards for that level of
home occupation. The Planning Board has the authority to review all home retail sales. The
Planning Board may approve, with conditions, or deny a request for home retail sales based
on applicable review standards. The Planning Board has the authority to place limits and
conditions on the home retail sales. Depending on the size and scale of the home retail
sales, the Planning Board may require site plan review approval.
B. The Planning Board shall consider the following elements when considering an shall be
considered when reviewing an application for home retail sales:
(1) Provisions for adequate off-street parking and on-site turnaround areas for anticipated
traffic volumes.
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(2) Adequate site distance when entering and exiting the site from a public road.
(3) Potentially offensive nuisances, including but not limited to traffic, parking, noise,
vibration, smoke, dust, odors, heat, glare and electric disturbance.
C. All home retail sales must meet and maintain the following standards:
(1) All necessary approvals for the appropriate level of home occupation must be obtained.
(2) The home occupation is accessory to residential use on the property and is customarily
carried on by a member of the family residing in the dwelling unit and clearly incidental
and secondary to the use of the dwelling unit for residential purposes.
(3) The home retail sales shall occur in the residence or in an accessory building, attached
or detached, on the same parcel.
(4) A conforming lot is required for home retail sales. (See definition.)
(5)(4) The maximum total display area is 600 square feet. This display area may be in
addition to the maximum square footage allowed to be utilized for the home occupation.
(6)(5) The maximum total outdoor display area is to be 200 square feet in area, except on
Town Center, Town Avenue and Town Residential SCD street frontage types in the
Standish Comer District, where outdoor display and sale is not allowed. Any outdoor
display area shall be considered part of the total display area. Any outdoor display area
shall be located on the parcel and within the property boundaries. In no event shall any
part of the outdoor display be located within the public right-of-way for a street or road.
D. Exemptions
Retail sale of fresh fruits, vegetables, flowers, herbs or plants, or other unprocessed foodstuffs
may be conducted as an accessory to a residential use without CEO approval provided:
(1) No commercially packaged handicrafts or commercially processed or packaged
foodstuffs shall be sold.
(2) Any structure(s) used for sales is no larger than 150 square feet in total area.
Structures, tables, and products must be located fully on the property and not in the right of
way.
§ 181-35.4 Tradesman. (Reserved)
Any occupation or profession which is accessory to a residential use and is customarily carried
on in a building or other structure accessory to a dwelling unit and carried on by a member of
the family residing in the dwelling unit that meets and maintains the following conditions:
A. The occupation or profession shall be carried on principally within the accessory building.
B. Not more than two people outside the family shall be employed in the occupation or
profession.
C. There shall be no exterior display, no exterior storage of materials and no other exterior
indication of the occupation or profession or variation of the residential character of the
principal building other than a sign as authorized herein.
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D. Any sign must meet standards contained in this Part 1, provided that the total sign area does
not exceed eight square feet in area; provided further, however, that in the Form Based Code
Village Districts, only a four-square-feet-in-area wall-mounted sign at the first-floor building
entrance is allowed.
E. No nuisance, offensive noise, vibration, smoke, dust, odors, heat, glare or electrical
disturbance shall be generated.
F. The proposed profession or occupation will not alter the existing character of the surrounding
zoning division or district to the extent that it could become a detriment or potential nuisance
to said zoning division or district.
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§ 187-26 Peddling and Soliciting
A. Purpose.
The purpose of this section is to secure for the residents of the Town the peaceful enjoyment of their homes and
property by prohibiting door-to-door solicitation during those times when such solicitation is most intrusive
and disruptive; to aid crime prevention and detection; and to ensure that persons engaged in door-to-door
commercial solicitation have obtained required state registrations and permits. Political canvassing, voter
outreach, petition circulation and other forms of non-commercial speech are exempt from this ordinance.
B. Definitions. As used in this chapter, the following terms shall have the meanings indicated:
COMMERCIAL SOLICITATION — To offer goods, services or real property for sale or rent or to provide
information for the purpose of promoting the sale or rental of goods, services or real property; provided,
however, that offering goods or services for sale is part of fund-raising for a nonprofit organization shall
not be commercial solicitation. Sales visits to established customers or by prearranged appointment shall
not be considered solicitation.
C. Registration required; limit on hours of operation.
(1)
(2)
It shall be unlawful to engage in door-to-door commercial solicitation without a license from the
Town Clerk pursuant to this chapter.
It shall be unlawful to engage in any type of door-to-door solicitation between 9:00 p.m. and 8:00
a.m.
D. Registration information. Registration under this chapter shall be on forms provided by the Town Clerk. The
form shall elicit at least the following information:
(1)
(2)
(3)
(4)
(5)
Name, address and telephone number of the registrant;
Name, address and telephone number of the registrant's employer;
Description of the motor vehicles to be used by the registrant in conducting the solicitation, including the
license plate number;
Brief description of the types of goods or services to be offered for sale by the registrant; and
For any registrant whose activities would constitute the transient sale of consumer merchandise, as
defined in 32 M.R.S.A. § 14701, a copy of the registration issued under 32 M.R.S.A. § 14702.
E. Issuance and term of license.
(1)
(2)
(3)
(4)
The Town Clerk shall issue a license upon receipt of a completed registration form.
Each license shall expire 90 days after issuance, but shall be renewed by the Town Clerk for
additional ninety-day periods upon request of the registrant.
Each license shall contain the name, address, physical description and organizational affiliation of
the permittee; a description of the solicitation activity to be engaged in; an expiration date; and the
signature and seal of the Town Clerk. The Town Clerk shall keep a record of all licenses.
A license granted under the authority of this section may be suspended or revoked pursuant to the
procedures set forth in § 187-4 of this chapter by the Town Clerk. It shall be grounds for suspension
or revocation of the license if it is determined by the Town Clerk that the licensee has violated any
provision of this section, any other applicable ordinance of the Town
F. Proof of registration. Every person engaged in door-to-door commercial solicitation shall have a valid
license, as required by this chapter, in their possession at all times while so engaged in the Town and shall
present the license for inspection upon request of any person.
G. Violations, Enforcement, and penalties.
(1)
It shall be a violation of this chapter to engage in door-to-door solicitation activity prohibited by §
187-26 C or to disregard a clearly visible sign on private property which prohibits solicitation.
(2) Any person who violates any provision of this chapter shall be subject to a fine of not more than $100
for each violation. Each violation shall constitute a separate offense.
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