Background to Proposed Zoning Changes: A Zoning Primer
The Planning Board and Town Council are in the process of revising zoning amendments related to the type of residential development that is appropriate in the various zoning districts in town. For more than a decade, there have been three residential districts: Residence A, B, and C (commonly referred to as RA, RB, and RC).
As it stands, the RC district essentially comprises the ‘built up’ area of Cape Elizabeth where some infill growth is expected to occur on relatively small lots. The RC district area is widely served by Town sewer and water. Comparatively, the RA district represents the more rural areas of town where development pressures are lower and houses are often built on larger lots. The RB, or growth area district, represents parts of Cape Elizabeth that do not depend upon infilling already densely populated areas, and they do not push development ‘sprawl’ into the outlying areas in the RA district.
To encourage future growth in the RB district the Town has adopted incentives for new subdivisions to be located in the RB district (including smaller lot sizes and greater density.) The Town has balanced this development through open space zoning, which will require that 45% of the land within a development be preserved as open space. (Current zoning calls for a 40% open space set aside)
These are the changes proposed under the current batch of ordinance/zoning changes.
- Designate BB Districts (Business District B) as Sewer Service Areas.
- Review the minimum lot size and setback requirements for multi-family and attached single-family dwellings (condominiums) to determine if they are creating obstacles to developing a variety of housing types.
- Evaluate establishing a density bonus for 55 and older restricted developments.
- Increase the density of the RB District, which includes 7% of the acreage of the town, with Open Space zoning, where public sewer is available, from 30,000 sq. ft. to 20,000 sq. ft per lot, and increase the open space requirement from 40% to 45% in the RB District under Open Space Zoning.
- Review the design of open space in the Open Space Zoning provisions to maximize the amount of open space in a single contiguous parcel and discourage narrow strips, except when strips are necessary for trail connections.
- Make the Open Space Impact Fee not applicable when a subdivision is designed in compliance with the Open Space Zoning Regulations, which include a separate open space requirement.
- Eliminate the cap on the number of units per building allowed for multiplex developments located in the RC and RB Districts. Create design standards for buildings exceeding 5 units and a maximum height limit that is greater than the current 35’ height limit. This will be available only in conjunction with the Agricultural Transfer of Development Rights (# 85), developments targeted to 55 and older (# 15) or an affordable housing overlay district (#19).
- Reduce the minimum lot size required for multiplex housing in the RC District from 5 acres to 3 acres and eliminate the minimum lot size for multiplex housing in the RB District.
- Designate the RB Districts as Sewer Service Areas.
- Require new subdivision development in the RB District to be served by public sewer.
CELT's Position on Proposed Zoning Changes
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