Store Size Cap - Nobleboro, ME

In March 2006, voters in the town of Nobleboro endorsed a measure capping stores at 45,000 square feet.  The following language was then written into the town's zoning code in November 2006.  See Damariscotta or more details on the impetus and campaign for this measure.

Amendment to the Land Use Ordinance to establish a size cap of 45,000 square feet.

Section 1.  Amend Chapter II ("Definitions") of the Land Use Ordinance by inserting the following definition into Chapter II in the appropriate alphabetical order:

Aggregate of Structures - Any combination of structures on the same or abutting lots owned, leased, or used by or for a single entity or affiliated businesses for the same or a similar use.

Section 2.  Amend Chapter II, ("Definitions") of the Land Use Ordinance by amending the definition of structure as follows:

Structure - Anything built for the support, shelter or enclosure of persons, animals, goods or property of any kind, together with anything constructed or erected with a fixed location on or in the ground, exclusive of boundary walls or fences.  The term includes structures temporarily or permanently located, such as decks and satellite dishes.  The term includes structures located in whole or in part in the Town.

Section 3.  Amend Chapter IV, Article II ("Other Uses"), Section B (Uses), Subsection 6 (Floor Area Limit) of the Land Use Ordinance by adding the following provision:  

a.            Notwithstanding any other provision of this Ordinance, a single retail and service establishment, whether located in a single structure, or an aggregate of structures, may not exceed 45,000 square feet of floor area.  Adjacent retail and service establishments which share a common check stand, management, controlling ownership or storage areas shall be considered as one retail and service establishment.  This maximum floor area restriction shall apply to all new retail and service establishments and to all expansions of existing retail and service establishments.

Section 4.  Amend Chapter IV, Article II ("Other Uses"), Section C (Standards) Subsection 3 (Building Size and Height) of the Land Use Ordinance by adding the following provision:  

e.            Notwithstanding any other provision of this Ordinance, a single retail and service establishment, whether located in a single structure, or an aggregate of structures, may not exceed 45,000 square feet of floor area.  Adjacent retail and service establishments which share a common check stand, management, controlling ownership or storage areas shall be considered as one retail and service establishment.  This maximum floor area restriction shall apply to all new retail and service establishments and to all expansions of existing retail and service establishments.

Section 5.  Applicable date:  Notwithstanding 1 M.R.S.A § 302, upon becoming effective, this amendment is applicable retroactive to March 19, 2006.

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• Nobleboro, Maine