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TABLE 1 - City of Biddeford

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TABLE 1 - City of Biddeford Powered By Docstoc
					2011.37                               IN BOARD OF CITY COUNCIL..JUNE 7, 2011
BE IT ORDAINED, by the City Council of Biddeford, Maine to amend the Code of
Ordinances, LAND USE REGULATIONS as follows:

Part III (Land Development Regulations), Article II (Definitions), §2 Definitions.

Automobile graveyard: A yard, field or other outdoor area used to store three (3) or more
unregistered or uninspected motor vehicles as defined in 29-A, M.R.S.A, §101, subsection 42, or
parts of such vehicles. “Automobile graveyard” includes an area used for automobile
dismantling, salvage, and recycling operations.

       a. "Automobile graveyard" does not include:

           1. An area used for temporary storage of vehicles or vehicle parts by an
              establishment or place of business that is primarily engaged in doing vehicle
              repair work to make repairs to render a motor vehicle serviceable. In order for a
              vehicle's storage to be considered temporary, it must be removed from the site
              within 180 calendar days of its receipt:

           2. An area used by an automobile hobbyist to store, organize, restore, or display
              antique autos, antique motorcycles, classis vehicles, horseless carriages,
              reconstructed vehicles, street rods or parts of these vehicles as these vehicles are
              defined in 29-A, M.R.S.A., §101 as long as the hobbyist's activities comply with
              all applicable federal and state statutes and rules and municipal ordinances, other
              than ordinances that are more restrictive than this subsection regarding the storage
              of vehicles or vehicle parts that are collected by a hobbyist. For the purposes of
              the subparagraph, an automobile hobbyist is a person who is not primarily
              engaged in the business of selling any of those vehicles or parts from those
              vehicles;

           3. An area used for the parking or storage of vehicles, vehicle parts or equipment
              intended for use by a municipality, quasi-municipality entity or state or federal
              agency.

           4. An area used for the storage of operational farm tractors and related farm
              equipment, log skidders, logging tractors or other vehicles exempted from
              registration under 29-A, M.R.S.A., chapter 5;
           5. An area used for the parking or storage of vehicles or equipment being offered for
              sale by a dealer, equipment dealer, trailer dealer or vehicle auction business as
              defined in 29-A, M.R.S.A., §851;

           6. An area used for the storage of vehicles by an establishment or place of business
              that is primarily engaged in business as a new vehicle dealer as defined in 29-A,
              M.R.S.A., §851;

           7. An area used for temporary storage of vehicles by an establishment or place of
              business that is primarily engaged in business as an insurance salvage pool. In
              order for a vehicle's storage to be considered temporary under this subparagraph,
              the vehicle must be removed form the site within 180 calendar days of receipt of
              title by the business; or

           8. An area used for the parking or storage of operational commercial motor vehicles,
              special equipment or special mobile equipment as defined in 29-A, M.R.S.A.,
              §101 that is temporarily out of service but is expected to be used by the vehicle or
              equipment owner or by an operator designated by the owner. This subsection does
              not exempt an area used for the parking or storage of equipment or vehicles that
              are not operational while stored or parked in the area.


Automobile junkyard: A place where two or more unregistered, unserviceable, discarded,
wornout, or junked automotive vehicles, or bodies, or engines thereof are gathered together, also
known as an "automobile graveyard."

Automobile recycling business means the business premises of a dealer or a recycler licensed
under 29-A, M.R.S.A., §851 to 1112 who purchases or acquires salvage vehicles for the purpose
of reselling the vehicles for the purpose of resale or for selling the basic materials in the salvage
vehicles, as long as 80% of the business premises specified is used for automobile recycling
operations.

       a. Automobile recycling business does not include:

           1. Financial institutions as defined in 9-B, M.R.S.A., §131, subsections 17 and 17-A;

           2. Insurance companies licensed to do business in the State;

           3. New vehicle dealers, as defined in 29-A, M.R.S.A., §851, licensed to do business
              in the State; or

           4. That portion of the business premises that is used for temporary storage of
              vehicles by an establishment or place of business that is primarily engaged in
              business as an insurance salvage pool. In order for a vehicle's storage to be
              considered temporary under this subparagraph, the vehicle must be removed from
              the site within 180 days of receipt of title by the business.
Automotive body shop: A business establishment engaged in rebuilding or reconditioning of
motor vehicles, or body, frame or fender straightening and repair, or painting and undercoating,
but shall not mean “automotive service/repair”, nor the sale of gasoline, other more [motor]
fuels, or motor oil.

Automotive service/repair garage: A business establishment engaged in general repair, engine
rebuilding, and/or parts replacement. Automotive repair shall not mean “automotive body shop”,
nor the sale of gasoline, other motor fuels or motor oil.

Automotive repair: A business establishment engaged in general repair, engine rebuilding, [or]
parts replacement. Automotive repair shall not mean body, frame, or fender straightening and
repair or painting and undercoating, nor the sale of gasoline, other motor fuels or motor oil.

Junkyard: A yard, field, or other outside area used to store, dismantle or otherwise handleas
place for temporary storage and ultimate recycling for:

   1. Discarded, wornout or junked plumbing, heating supplies, electronic or industrial
      equipment, household appliances and furniture;

   2. Discarded, scrap and junked lumber; and

   3. Old or scrap copper, brass, rope, rags, batteries, paper trash, plasticrubber debris, waste
      and all scrap iron, steel and other scrap ferrous or nonferrous material.; and [sic]

Recycling: The collection, separation, recovery and sale or reuse of materials that would
otherwise be disposed of or processed as waste or the mechanized separation of waste, other than
through combustion, in concert with the creation and recovery of reusable materials other than as
a fuel for any purpose. This term does not include the processing or handling of construction an
demolition debris for any purpose nor does it include activities related to “Redemption centers”.

Recycling facility: Land and buildings used for the recycling of solid or liquid waste.
“Recycling facility” does not include a “Redemption center”.


Part III (Land Development Regulations), Article V (Establishment of Zones), TABLE A:


                                                      I-      I-
                                                                               LR-F
                                                      1       3
Automobile graveyard,
automobile recycling  7                               C                        C
business, junkyard
Part III (Land Development Regulations), Article VI (Performance Standards), §7
(Automotive service/repair garages and body shops; Automobile graveyards, automobile
recycling businesses, and junkyards.)


   A. Automotive service/repair operations and body shops.

      All Automotive service/repair operations or body shops shall adhere to the following
      standards:

          1. No storage of repair parts or parts vehicles is permitted in the front yard area.

          2. All outside storage shall be under cover or screened from view from adjacent
          properties.


   B. Automobile graveyards, automobile recycling businesses, and junkyards.

      1. Purpose. The purpose of this section is to ensure that all new automobile graveyards,
         recycling businesses, and junkyards comply with the Performance Standards and
         Limitations established in 30-A, M.R.S.A., §3751 to §3760, as amended. This
         section is adopted pursuant to Chapter 22 (Businesses), §23.

      2. New automobile graveyards, automobile recycling businesses, and junkyards. No
         new automobile graveyard, automobile recycling business, or junkyard may
         commence operation without first being reviewed and approved according to the
         procedures and standards applicable to Conditional Uses under Article VII of the City
         of Biddeford Zoning Ordinance. Further, no new automobile graveyard, automobile
         recycling business, or junkyard may commence operation without first obtaining a
         businesses permit pursuant to Chapter 22 (Businesses), §23 of the City of Biddeford
         Code of Ordinance.

      3. Performance standards. The Planning Board in its review of new automobile
         graveyards, automobile recycling businesses, and junkyards shall ensure that all
         standards for Setbacks contained in Chapter 22 (Businesses), §23, 2.(7) are complied
         with. All Operating Standards contained in 22 (Businesses), §23, 2.(8), c. and/or d.
         shall be conditions of any approval granted by the Planning Board under this section.

      4. Relationship to State storm water requirements: The Planning Board shall not
         approve any Conditional Use Permit under this section unless the applicant can
         demonstrate that:

             1. A notice of intent has been filed with the Department of Environmental
                Protection to comply with the general permit provisions for storm water
                discharges; or
                2. The Department of Environmental Protection has determined that a storm
                   water discharge permit is not required.

        5. Existing automobile graveyards, automobile recycling businesses, and junkyards.
           Existing automobile graveyards, automobile recycling businesses, and junkyards may
           to continue to operate subject to the applicable standards contained in Chapter 22
           (Businesses), §23 of the City of Biddeford Code of Ordinance.


 Planning Board Recommendation:
On June 1, 2011, after providing for public testimony at a duly noticed Public Hearing, the Biddeford
Planning Board voted 4-0 (unanimously) in favor of forwarding this amendment to City Council with a
recommendation for approval.


                                        June 7, 2011
Motion by Councilor Laverriere, seconded by Councilor Mills to grant the first reading of the
order.
Vote: Unanimous.

				
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