On the agenda: Bucksport Regulatory Review Committee 07/14/2022 - Jul 14, 2022 — surveillance camera (Feb 8)

REGULATORY REVIEW COMMITTEE MEETING
5:30 P.M., THURSDAY, JULY 14, 2022
COUNCIL CHAMBERS BUCKSPORT TOWN OFFICE
-

This meeting will be held IN PERSON. It can also be viewed on local cable channel 1303 or on the
internet by accessing townhallstreams.com and selecting Bucksport. Questions or comments may be
submitted prior to or during the meeting by emailing slessard(bucksportmaine.gov or during the
meeting by calling 469-7368
AGENDA

1. Call meeting to order
2. RoilCall
a. Fee Ordinance Update EV Chargers
b. Town Code, Chapter 2, Section 14, Employee Benefits
c. Proposed Changes to Appendix K Land Use Ordinance
3. Adjournment
—

—

Re2ulatory Review Committee
Mark Eastman, Chair
Dan Ormsby
Jim Morrison

TOWN OF BUCKSPORT, MAINE

Incorporated June 25, 1792

ECONOMIC DEVELOPMENT DIRECTOR
RD. Drawer X
Bucksport, Maine 04416

Thursday, July 14, 2022
Dear Regulatory Review Corn mittee,
the following
The Electric Vehicle Chargers have arrived in Bucksport and OpConnect is asking
If we do
free?
questions. Do we intend to charge drivers to use the chargers or rnake thern
be any policies
intend to charge, do we know how much per kWh we will be charging? Will there
such as a 4hour max charging time?
for use of
When we accepted the grant from ACTT it was the Town Councils intention to charge
it pertains
s
as
ipalitie
the chargers. I am including information that I have found from other munic
to what they are charging as set by their City Council.
7/1 9/202 1
8/17/2021
4/27/2022

Portland, ME .l5kWh
.2lkWh with a 3 hour max
Belfast, ME
Free
ME
r,
Bango

Breakdown of actual cost per hour:
Portland: 1 5kWh*1 hour*7kW= $1 .05/hour
Belfast: .21 kWh*1 hour*7.2kW= $1.51/hour
Bucksport: ?kWh*lhour*7.6kW= $?
g
I have been in contact with our electrician for set up of the EV chargers and I am awaitin an
install date.
Thank you,

Richard T. Rotella

Bucksport Town Code Chapter 2 Proposed Changes 7-7-2022
-

SECTION 14 EMPLOYEE BENEFITS
14.1
HOLIDAYS: Full-time employees are granted the following holidays with pay:
1.
New Year’s Day
2.
Martin Luther King Jr. Day
Washington’s Birthday (observed on Presidents’ Day)
3.
4.
Patriots Day
Memorial Day
5.
Juneteenth
6.
7.
Independence Day
Labor Day
8.
Columbus Day
9.
10. Veterans’ Day
11. Thanksgiving (including the Friday after Thanksgiving)
12. Christmas

14.1.1

14.1.2

14.1.2.1

14.1.3
14.1.3.1
14.1.4

14.1.5

14.1.6

14.1.7

In order to be eligible for holiday pay, an employee must work the last scheduled
work day prior to the holiday, and the next scheduled work day after the holiday,
unless excused by the department’s supervisor, or the employee is on an approved
vacation or earned sick time.
Employees who work a five day work week (Monday Friday): If a holiday falls on a
Sunday, the holiday will be observed by the Town on the following Monday. If a
holiday falls on a Saturday, the holiday will be observed by the Town on the
preceding Friday. A Town Department with a normal work day on Saturday or
Sunday shall observe a holiday falling on a Saturday or Sunday on the actual date of
the holiday.
Employees who work a four day work week (Monday Thursday): If a holiday falls
on a Sunday, the holiday will be observed by the Town on the following Monday. If a
holiday falls on a Friday, the holiday will be observed by the Town on the preceding
Thursday. Holidays that fall on a Saturday will be given to the employees as an
additional personal day. Employees will forfeit the Friday after Thanksgiving.
Full-time employees are also entitled to two personal days off with pay.
Personal days off cannot be carried forward into a new calendar year.
Part-time employees who work 20 or more hours per week are eligible to receive
holidays with pay, provided that the holiday or the holiday’s day of observance falls
on the day that the employee was scheduled to work.
Temporary and on-call employees are not entitled to paid holidays. Contracted
employees may be provided with paid holidays in accordance with the terms of their
contract.
An employee that is on a leave of absence without pay, or that is under suspension,
shall not be entitled to holiday pay for any holiday that may occur during the
employee’s leave or suspension.
Holiday pay is to be considered a normal day’s wages.
—

—

2
Bucksport Town Code Chapter 2 Proposed Changes 7-7-2022
-

14.2

14.2.1

14.2.2

14.2.2.1
14.2.3

14.2.4

14.2.4.1

14.2.5

14.2.6

14.2.7

VACATION: Full-time employees and part-time employees who work 20 or more
hours per week shall earn annual vacation time with pay in accordance with the
provisions of this section. Temporary and on-call employees are not entitled to
vacation time with pay. Contracted employees may be provided with vacation time
with pay in accordance with the terms of their contract.
Full-time and part-time employees shall earn a maximum amount of vacation days
per calendar year based on their year of employment as follows:
1. Year 1 through year 4
2 weeks ( 80 hours)
2. Year 5 through year 9:
3 weeks (120 hours)
4 weeks (160 hours)
3. Year 10 through year 14:
4. Year 15 through year 19:
5 weeks (200 hours)
6 weeks (240 hours)
5. Year 20 and over:
Earned annual vacation days will be credited monthly to an employee’s payroll
records, and expressed as hours, The amount of hours credited shall be determined
with the following formula: [D times H divided by 12 = V] where D = the number of
vacation days an employee is entitled to per year, H = the regular hours in a workday
for the employee, 12 the number of months per year, and V the number of
vacation hours earned per month.
If an employee’s regular workday hours vary during the work week, the value H for
the formula shall be the average of the total work week hours for the employee.
Earned annual vacation time may not accrue to more than 240 Hours. After the
maximum vacation time has been accrued, the employee may not accrue any
additional vacation time until a part of the maximum accrued time has been used. It
will be the responsibility of every employee to be aware of their accumulated
vacation time.
Requests for vacation must be made on properly executed vacation request forms and
approved by the immediate supervisor and in accordance with operational needs. It is
the responsibility of the supervisor to insure that the employee has adequate earned
vacation hours available to cover the vacation period requested. To maintain high
levels ofjob performance, employees are encouraged to take vacation every year.
Once per fiscal year, on July 1st or December 1St, any employee with at least 40 hours
of accumulated vacation time may elect to be compensated for 40 hours of vacation
time in lieu of taking the vacation.
Vacation hours shall be deducted from an employee’s payroll i’ecords after the
vacation time is used. A vacation day deduction shall be equivalent to the regular
hours in a work day for the employee, or the average of work hours as addressed in
Section 14.2.2.1. A deduction of vacation time taken of less than one work day shall
be the actual hours taken by the employee.
Vacation hours will not accrue under any of the following circumstances:
1. An employee is on leave of absence without pay pursuant to Section 14.5.
2. An employee is under suspension without pay.
As a general rule, vacation may not be taken by any employee for more than 2
consecutive weeks. Vacation requests in excess of 2 weeks must be requested well in
advance of the desired time and may be denied if such time off constitutes a hardship

3
Bucksport Town Code Chapter 2

14.2.8

14.2.9
14.2.10

-

Proposed Changes 7-7-2022

to the Town. The supervisor’s determination as to scheduling of annual leave shall be
final.
Accrued vacation time shall be paid to an employee upon separation after one year’s
employment or upon death with no minimum employment, to the employee’s
beneficiary. The payment will be made in one lump sum.
Any employee who separates from town service, and is subsequently rehired, shall be
considered a new employee for the purposes of accruing and using vacation time.
No employee is eligible to take vacation leave with pay until completion of their first
6 months of employment. No employee may take any vacation leave that has not been
earned or while the employee is under suspension or on leave of absence without pay.

HEALTH INSURANCE: The Town offers group hospital, surgical, and medical
benefits to full-time employees, their spouses and their eligible dependents.
Employees should consult their health insurance booklets for details on their chosen
plan. The town and the employees share in the cost of the premium with the
employee’s share being contributed through payroll deduction. The cost-sharing
levels for plans offered by the Town shall be determined on an annual basis by the
Town Council.
14.10.1
Town participation in the cost of coverage begins the first full month following the
employee’s date of hire. Coverage by the health insurance plan is not automatic and
employees must initiate a request for benefits according to their eligibility in order to
obtain coverage.
14.10.2
A spouse who is provided with health insurance coverage from their employer that is
comparable with health insurance offered by the Town may not be enrolled in a
health insurance plan from the Town, unless the premium for the spouse’s insurance
is 30% higher than the premium for comparable coverage by the Town.
14.10.2.1 The Town shall not pay any portion of the premium for health insurance provided to
the spouse by their employer.
14.10.2.2 A spouse who is enrolled in a Town health insurance plan shall be allowed to remain
enrolled regardless of enrollment opportunities that may become available to the
spouse from health insurance plans offered by their employer.
14.10.3
Beginning July 1,2022, employees will pay 50% of the % increase in insurance rates
as a % added to current health care deductions.
14. 10

4
Bucksport Town Code Chapter 2 Proposed Changes 7-7-2022
-

14.16

LONGEVITY PAY INCREASES: Longevity pay is a salary increase for years of

service as an employee of the town. Longevi pay increases are separate from and in
addition to cost of living increases and or merit increases. Non-Union employees
who maintain a satisfactory job performance, shall be entitled to an increase in pay at
the following service dates:
•
8 Years
• 6 Months
10 Years
•
• 1 Year
•
15 Years
• 2 Years
•
20 Years
• 4 Years
• 6 Years
Percentage rate of increases shall be based on the average of union contract longevity
increases for Police, Fire/EMS, and Public Works. The increased pay rate shall take
effect immediately following the employee’s anniversary date.

SECTION 25 COMPLAINTS FROM THE PUBLIC
25.1
Any complaints from the public involving an employee which may result in
disciplinary action, shall be in writing and signed by the complainant, a copy of
which the Town Manager shall make available to the employee involved within three
(3) days of receipt. The Town Manager shall meet with the employee and the
complainant separately, investigate the complaint, and render a written decision
within ten (10) working days. A meeting may be held by the Town Manager, the
Department Head, the employee and the complainant if, in the opinion of the Town
Manager, such a lueeting could assist with the resolution of the complaint,
25.2
Whenever an employee is called in by a supervisor for questioning as a result of a
complaint under Section 25.1 under circumstances where discipline other than verbal
reprimand appears to be a possible result, the employee shall be entitled to be
accompanied by a representative at all stages of questioning.

Quick Overview of changes to the Land Use Ordinance.

1. Took marijuana stores off of Main Street. They would not be allowed anyway, due to the
proximity to the waterfront which is a safe zone.
2. Added marijuana stores for both medical and adult use as allowed in the Cl and R1S Zone,
which is either side of US Route 1.
3. Added language to regulate performance standards of marijuana establishments.
4. Allowed indoor marijuana cultivation facilities in the Ri, Cl, C2, C3, ID, & RT15 zones.
5. Allowed marijuana production facilities in the C3 and ID zones.
6. Allowed marijuana testing facilities in the C3 and ID zones.
7. Removed the language that required businesses in the R1S zone to look residential.
8. Allowed restaurants and taverns to the allowed uses in the R1S zone.
9. Relocated the DT zone boundary to include the properties on the north side of Franklin
Street, between Central Street and Elm Street.

BUCK SPORT TOWN CODE
APPENDIX K LAND USE
PROPOSED CHANGES JUNE 2022
-

1—1

Appendix K
Land Use Ordinance
9.5

TABLE OF LAND USES

9.5.2

ASSEMBLY LAND USES
DT

DT
S

CI

C2

C3

CF
MA

ID

ID
0

LR
0

LR
P0

RG

RP
0

RT
Is

RT
15
RC

RI

R2

SP
0

TB
0

V
1

D
1

D
2

D
3

D
4

D
5

D
6

D
7

D
8

D
9

D
10

D
11

D
12

D
13

D
14

D
15

D
16

D
17

D
18

D
19

L2

L2

L2

L2

X

X

L2

L2

X

X

X

X

X

L2

L2
B.2

X

X

X

X

L2
B.1

L2
B.I

L2
B.I

L2
B.1

X

X

X

X

X

X

X

X

X

L2
B.I

L2
B.2
B.3

X

X

X

X

L2
B.4

X

L2

L2

X

X

X

X

X

X

X

X

L2

L2

X

X

X

X

X

L2

L2

L2

L2

X

X

X

X

X

X

L2

X

L2

L2

L2
B.2

X

X

X

L2

2.5
MEETING
FACILITIES
2.6
MUSEUMS

L2

L2

L2

L2

X

X

L2

L2

X

X

X

X

X

L2

L2
B.2

X

X

X

X

L2

1.2

L2

L2

X

X

X

X

X

X

X

X

L2

L2

L2
B.2

X

X

X

L2

2.7
PLACES OF
WORSHIP
2.8
RECREATIONAL
FACILITIES
(INDOOR)
.9
IESTAURANTS
13.3.9

L2

L2

1.2

L2

X

X

X

X

X

X

L2

X

L2

L2

L2
B.2

X

X

X

L2

L2

L2

L2

L2

L2

X

L2

L2

X

X

X

X

L2

L2

L2
B.2

X

X

X

X

1.2

L2

L2

L2

X

X

X

X

X

X

X

X

X
[2

X

X

X

X

X

X

DISTRICTS
,

DISTRICT
NOTES—
2.1
AUCTION
HOUSES
2.2
ENTERTAINMENT
ESTABLISH
MENTS
§ 13.3.2
2.3
FUNERAL
HOMES
2.4
LIBRARIES

.1-0

—

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

L2

L2

L2

L2

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

FTth
ANA
)Gh

.11
AVERNS

9.5.2.1
B.1
B.2
B.3
B.4

ASSEMBLY LAND USE NOTES
Entertainment establishments that include adult entertainment are prohibited.
The land use is not allowed in Rl(SL) unless it is provided with public sewer service.
Adult entertainment establishments are not allowed in Rl(DCR).
The land use may not be located on any lot with frontage on Main Street.

BUCKSPORT TOWN CODE
APPENDIX K LAND USE
PROPOSED CHANGES - JUNE 2022

1-2
9.5

TABLE OF LAND USES

9.5.8
DISTRICTS

MERCANTIlE LAND USES
DT

DT
S

Cl

C2

C3

CF
MA

ID

ID
0

LR
0

LR
P0

RG

RP
0

RT
Is

RT
15
RC

Ri

R2

SP
0

TB
0

V
1
L

D
1

D
2

D
3

D
4

D
5

D
6

D
7

D
8

D
9

D
10

D
ii

D
12

D
13

D
14

D
15

D
16

D
17

D
18

D
19

LI
H.6

Li
H.6

LI
H.6

LI

X

X

x

x

x

x

Li
11.6

X

Li
11.6

LI

Li

Li

LI
11.5
11.6

LI

LI
H.I
11.6

X

X

L2

L2

L2
H.3

X

L2

L2

X

X

X

X

X

L2

X

X

X

X

X

L2
H.2

L2
11.2

L2

L2

X

X

X

X

X

X

L2
11.2

L2

X

X

X

+

.I

L2
11.2
H.4

X

I

L2
11.3

X

I

X

>

DISTRICT
NOTES—*
8.1
HOME-BASED
MERCHANTS
§ 13.9.1
8.2
LARGE
PRODUCT
DEALERS
8.3
STORES
§13.9.3

8.3.1
LUMBERYARDS

j

I

X

X

X

L2

X

X

X

X

X

X

X

X

X

L2

X

X

X

X

X

X

U

X

X

X

X

X

X

X

X

X

L2

X

X

X

X

X

41ARIJUANA
TORE
.3.2
EDICAL
AR1JUANA
ISPENSARIES
AREGIVER
ETAIL STORE

1414

.3.3

X

EDICAL
MARIJUANA
TORES
1I.EGISTERED
IISPENSARY

9.5.8.1
H.l
H.2
H.3
11.4
H.5
H.6

X
—

L2

X

X

X

X

X

X

X

X

X

x
X

X
L2

X

X

X

X

X

X

X

X

X

X

X

X

—

—

—

X

X
L2

X

X

X

X

—

X

X

X

X

X

X

L2
—

MERCANTILE LAND USE NOTES
The land use is limited to location in the principal dwelling.
The land use is limited to Class C Mercantile (3,000 sq. ft.). Adult products may not be offered for
sale or lease.
The land use is limited to a secondary use that is directly related to the principal use of the property.
The land use is only allowed in R1(DCR).
New structures require a setback variance from the board of appeals.
The land use may not include sales or rentals of large products typical of a large product dealer.
TI I.,,,1
f, fl.
noncommercial nrincinal
‘.triictiire frnntine nn N4iiii StrpI

BUCKSPORT TOWN CODE
APPENDIX K LAND USE
PROPOSED CHANGES JUI’JE 2022
-

1-3
9.5.10
DISTRICTS

PRODUCTION LAND USES
DT

DT
S

CI

C2

C3

CF
MA

ID

ID
0

LR
0

LR
P0

RG

RP
0

RT
iS

RT
15
RC

RI

R2

SP
0

TB
0

V
I
L

D
1

D
2

D
3

D
4

D
5

D
6

D
7

D
8

D
9

D
10

D
11

D
12

D
13

D
14

D
15

D
16

D
17

D
18

D
19

X

L2

X

X

X

L2

L2

L2

L2

L2

X

L2

L2

X

X

X

X

X

X

x

x

x

x

x

X

X

X

X

X

X

X

X

X

L2
J.1

L2
J.2

X

X

X

x

x

x

X

X

X

X

X

X

X

X

X

X

X

L2
J.1

L2
J.2

X

X

X

X

L2

X

X

X

L2

L2

L2

L2

L2

X

X

L2

X

X

X

X

X

X

Li
J.6

Li
J.6

Li

Li

X

X

X

X

LI
J.6

Li
J.6

Li

X

Li

Li

Li

Li

Li
J.6

Li
J.6

LI
J.6

10.6
JUNKYARDS
§13.11.6
10.7
MANUFACTURING
FACILITIES

X

X

X

X

X

X

X

X

X

X

X

X

X

X

L2
J.1

L2
J.2

X

X

X

X

X

L2
I

L2
J.3

L2

L2

L2

L2

X

X

X

X

X

L2

X

X

X

X

X

0.7.1

X

X

X-

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

L2

L2

L2

L2

L2

L2

L2

—

—

—

—

—

—

—

X

X

X

L2

X

L2

L2

X

X

X

X

X

X

X

X

X

X

X

x

x

ç

L2

X

U

U

X

X

X

X

X

X

X

X

X

X

X

X

X

L2
J.8

L2
J.8

X

L2
J.8

L2
J.8

X

X

X

X

X

L2
J.8

L2
J.8

L2
J.8

X

X

X

,

DISTRICT
NOTES—*
10.1
AQUACULTURE

10.2
AUTOMOBILE
GRAVE
YARDS
§13.11.2
10.3
AUTOrIOBILE
RECYCLING
FACILITIES
§ 13.11.3
10.4
COM
MERCIAL
FISHERIES
10.5
HOME-BASED
PRODUC
TIONS
§13.11.5

ETAiL
ARIJUANA
RODUCTS
IAN UFAC
URING
ULTIVATION
FACILITIES

Qi.
AR [JUAN A
RODUCTS
ANUFACTUR
I IG FACILITY
01
EDICAL
AR1JUANA
RODUCTS
ANUFACTUR
I IG FACILITY
10.7.2
SMALL
SAWMILL
FACILITIES

X

X

BUCKSPORT TOWN CODE
APPENDIX K LAND USE
PROPOSED CHANGES JUNE 2022
-

1-4
10.8
METALLIC
MINERAL

X

X

X

X

X

X

L2

L2

X

X

X

X

X

X

L2

X

L2

X

X

MINING

13. 11.8

9.5. 10.2
J.l
J.2
J.3
J.4
J.5
J.6
J.7
J.8

9.5.12
DISTRICTS

RURAL LAND USES
DT

DT
S

Cl

C2

C3

CF
MA

ID

ID
0

LR
0

LR
P0

RG

RP
0

RT
iS

RT
15
RC

Ri

R2

SP
0

TB
0

V
1
L

D
I

D
2

D
3

D
4

D
5

D
6

D
7

D
8

D
9

D
10

D
Ii

D
12

D
13

D
14

D
15

D
16

D
D
1718

D
19

X

X

X

X

X

X

L2

L2

X

X

X

X

X

L2

L2

X

X

X

X

X

X

X

X

X

X

X

L2

L2

X

X

X

L2

L2
L3
L2

L2

X

X

X

.÷

DISTRICT
NOTES—+
12.1
ABATTOIRS
12.2

PRODUCTION LAND USE NOTES
The land use is not allowed in Rl(DCR), R1(SL) or Rl(DC).
The land use is not allowed in R2(JB) or R2(LP).
The land use is only allowed on Lots that front on or have access fronting on State Route 46.
Rock excavations subject to DEP approval are only allowed in Rl(BC) and must be directly accessed
from River Road.
Rock excavations subject to DEP approval must be directly accessed from River Road or State Route
46.
The land use must be located in the dwelling and limited to the production of small crafts, food items,
knitted or sewn items, or other similar products produced without any detrimental effect from noise.
Excavations of borrow, clay, topsoil, or silt that are less than 3 acres are subject to Ll review,
provided blasting is not required.
Small sawmill facilities are subject to compliance with Section 12.18 Noise.

II

CULTURE
§13.13.2
12.2.1
HOMESTEAD
AGRICULTURE
12.2.2
ANIMAL
HUSBANDRY
24
EDICAL
ARIJUANA

1111

II

1111

0
L.I

0
L.I

0
L.I

0
L.1

X

X

X

X

0

0

0
L.1

0
L.1

0
L.I

0

0

0

0
L.I

0
L.1

0
L.I

X

X

X

X

X

X

X

X

L2

L2

X

X

X

L2

L2

L2

X

X

X

X

X

X

X

1

X

X

X

X

X

X

X

X

h2
L.5

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

L2

L2
L.3

L2

X

X

X

0
L.2

0
L.2

0
L.2

0
L.2

0
L.2

0
L.2

0
L.2

0
L.2

0
L.2

0
L.2

0
L.2

0
L.2

0
L.2

0
L.2

0
L.2

0
L.2

0
L.2

0
L.2

0
L.2

—
CILITIES
24
:T.A.IL

.A.RIJU.A.!A
JLTIVATI()N
\CI LITI ES

12.3
KENNELS
§ 13. 13.3
12.4
TIMBER
HARVESTS

BUCKS PORT TOWN CODE
APPENDIX K LAND USE
PROPOSED CHANGES JUNE 2022
-

1-5
9.5.12.1
L. 1
L.2
L.3
L.4
L.5

9.5

TABLE OF LAND USES
TRADE LAND USES (continued)

9.5.15
DISTRICTS

DT

DT
S

CI

C2

C3

CF
il
A

ID

ID
0

LR
0

LRP
0

R
G

RP
0

RT
iS

RT
15
RC

Ri

R2

SP
0

TB
0

V
I
L

D
I

0
2

0
3

D
4

D
5

D
6

0
7

D
8

D
9

D
10

D
Ii

0
12

D
13

D
14

D
15

D
16

D
17

0
18

D
19

L2

L2

L2

L2

X

X

X

X

X

X

X

X

L2

L2

L2

L2

X

X

L2

x

x

x

x

x
L2

x

x
L2

x
L2

x

x

x

x

x

x

x

x

x

x

x

—

—

X

L2

÷
DISTRICT
NOTES—>
15.4
PERSONAL
CARE
SERVICES
5.5
ETAIL
1I1ARIJUANA
TESTING
FACILITIES
15.6
‘EHICLE
SERVICESCLASS I
§13.16.5
15.6
VEHICLE
SERVICESCLASS 2
§13.16.6

RURAL LAND USE NOTES
The land use is limited to flower, vegetable, fruit or herb gardens and the production of products from
those gardens.
All timber harvests are regulated by the Maine Forest Bureau.
The land use is not allowed in Rl(DCR).
The land use is subject to compliance with Section 12.8.
The land use is limited to lots with frontage on River Road and must be located within 4 miles from
the beginning of River Road.

—

X

X

L2

L2

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

L2

L2
0.2

X

X

L2

X

X

X

X

XXL2X

X

X

X

X

9.5.15.2
0.2

TRADE LAND USE NOTES
The land use is limited to lots that front on or have access fronting on State Route 46.

9.5.16
D-l

DISTRICT NOTES
The DT District is suitable for a variety of businesses, residential uses, public uses and places of
worship.
The DTS District is suitable for a variety of businesses, public, historical, recreational, maritime and
fishery uses, as well as limited residential uses.
The Cl District is suitable for businesses and residential uses.
The C2 District is suitable for businesses and limited residential uses.
The C3 District is suitable for trade, manufacturing and other business uses commonly found in a
commercial business park. Land uses in the business park are subject to compliance with townestablished covenants.
The CFMA District is suitable for the development of commercial and recreational uses fronting on

D-2
D-3
D-4
D-5

D-6

BUCKSPORT TOWN CODE
APPENDIX K LAND USE
PROPOSED CHANGES JUNE 2022
-

1 -6

D-7
D-8
D-9
D-lO.

D-l 1
D-12

D-l3

D-l4
D-15

D-16

D-17

D-18

D-19

Penobscot River. Land uses in this district must be functionally water-dependent uses or accessory
uses related to functionally water-dependent uses.
The ID District is suitable for large-scale industrial uses and smaller commercial uses that are
appropriate for an industrial setting.
The IDO District is suitable for industrial uses as allowed in the ID District.
The LRO District is suitable for low-density residential uses, some low-impact commercial and
noncommercial uses, and recreational uses.
The LRPO District is suitable for low-density residential uses, some low-impact commercial and
noncommercial uses, and recreational uses. Residential uses in this area existed prior to the adoption
of State-mandated shoreland regulations and were originally placed in the Resouice Protection
District.
The RG District is suitable for development of residential uses and other uses appropriate for a
residential neighborhood environment.
The RPO District is suitable for the protection of water bodies, wetlands and wildlife, and scenic,
historic and natural resources in the area, and the limited development of residential and recreational
uses. Residential uses are allowed, subject to compliance with Section 17.5.
The RTIS District is suitable for residential uses, limited commercial uses and noncommercial uses.
All new buildings to be occupied for a commercial or noncommercial use in this district must have a
residential architectural style.
The RT15RC District is suitable for residential uses, limited commercial uses, and agricultural and
forestry uses.
The Ri District is suitable for agricultural, forestry, recreational and public uses, as well as residential
uses and limited commercial uses. The area is within a range of approximately 4 miles from the
center of town, except for areas located in R 1 (DCR).
The R2 District is suitable for agricultural, forestry, recreational and public uses, as well as residential
uses and limited commercial uses that will not adversely impact the town’s ability to provide an
adequate level of municipal services. The area is outside a range of approximately 4 miles from the
center of town. Any commercial land use or subdivision located in this district must front on or be
provided with an entrance on a public road in Bucksport or on a private road that is directly accessed
by a public road in Bucksport.
The SPO District is suitable for low-density residential uses, some low-impact commercial and
noncommercial uses, and recreational uses. No structure may be permitted in this district unless a
setback variance has been obtained from the board of appeals, as applicable.
The TBO District is suitable for residential uses, some low-impact commercial and noncommercial
uses, and recreational uses. No structure may be permitted in the portion of this district requiring a 75
foot setback, unless a setback variance has been obtained from the board of appeals, as applicable.
The VIL District is suitable for residential uses, public uses, places of worship, and some small
businesses that are appropriate for a residential neighborhood environment.

BUCKSPORT TOWN CODE
APPENDIX K LAND USE
PROPOSED CHANGES JUNE 2022
—

1—1

13.3

ASSEMBLY USES

13.3.10

RETAIL MARIJUANA SOCIAL CLUBS

13.9

MERCANTILE USES IAMENDED 01-13-11 EFFECTIVE 02-12-111

13.9.1
13.9.1.1

HOME-BASED MERCHANTS
Home-based merchants must comply with the following standards:
1) The business may not subordinate the residential use of the property.
2) No more than 30% of the total floor area of all buildings on the property may be occupied with
the business. The area occupied by the business may be in one or more buildings on the property,
except no more than 30% of the total floor area of the residential dwelling may be occupied by
the business.
3) Signage and site improvements for the business may not substantially change the residential
appearance of the property.
4) There may be no storage of materials related to the business outside of any building.
5) No more than two employees residing off the property may work at the business location at the
same time.
6) Parking in accordance with the requirements in Section 13.15.8 must be provided.
7) A Medical Mariluana Caregiver Retail Store, Medical Marijuana Registered Dispensary or
Marijuana Store is not allowed as a home based merchant use or accessory use.

13.9.3.2

Medical Marijuana Caregiver Retail Stores, Medical Marijuana Registered
dispensaries and Marijuana Stores must comply with the following standards:
1) On site planting, growing or processing of medical marijuana may not be
conducted.
2) On-site consumption or smoking of medical marijuana may not be conducted.
3) The land use may not be located within: 500 feet of the closest property line of
any lot occupied with a school at the time the land use is permitted.
a. Five hundred (500) feet of the property line of a public or preexisting private
school (K-12).
b. Five hundred (500) feet of the property line of a property used primarily for
religious worship and related religious activities; property used for pre
existing licensed daycare use, or recreational areas designated for use by
children up to eighteen (18) years in age: and 500 hundred (500) feet of the
property line of areas designated as municipal “safe zones”.
c.

Required setbacks shall be measured as the most direct, level, shortest,
straight-line distance between property lines of a property containing a
building or structure used as the premises where the land use is conducted, to

BUCKSPORT TOWN CODE
APPENDIX K LAND USE
PROPOSED CHANGES JUNE 2022
-

1-2
the nearest property line of the premises of a land use listed above.
4) The Land use must be registered and operated in accordance with State
requirements.
5) Medical marijuana and related paraphernalia may only be dispensed to patients
and primary caregivers registered in accordance with State requirements.
electronic security system must be installed in the dispensary. The system
An
6)
must include video cameras and panic buttons. The system must notify the
police department of any unauthorized breach of security. Security measures
shall also include, at a minimum, the followmg:
a. Security surveillance cameras installed and operating twenty-four (24) hours
a day, seven (7) days a week, with 30 (30) day video storage, to monitor all
entrances, along with the interior and exterior of the premises, to discourage
and facilitate the reporting of criminal acts and nuisance activities occurring
at the premises; and
b. Door and window combination video and motion detector intrusion system
with audible alarm, maintained in good working condition; and
c. A locking safe affixed to the premises that is suitable for storage of all
marijuana, marijuana products, and cash stored overnight on the licensed
premises; and
d. Exterior lighting that illuminates the exterior walls of the licensed premises
during dusk to dawn, that is either constantly on or activated by motion
detectors; and
e. Deadbolt locks on all exterior doors and any other exterior access points,
excepting windows which shall have locks; and
f. For aduLt use facilities: methods to ensure that no person under the age of
twenty-one (21) shall have access to marijuana and marijuana products.
7) The emission of odorous or toxic matter in such quantities as to be readily
detectable at any point along lot lines so as to produce a public nuisance or
hazard is prohibited. Violations of this standard shall be considered public
nuisances.
a.

b.

An odor control plan shall be submitted as part of the site plan review
application describing the odor(s) anticipated to originate at the premises
and the methods to be used to prevent such odor(s) from leaving the
premises.
If the operator andlor landowner fail to bring the facility into compliance
within 30 calendar days of the written notice of violation, the CEO will refer
the matter for prosecution. In addition to penalties and costs recoverable
under this Ordinance for violations, the Town may suspend or revoke other

BUCKSPORT TOWN CODE
APPENDIX K LAND USE
PROPOSED CHANGES JUNE 2022
-

1-3
approvals including, without limitation, any licenses and pursue any other
remedies available to the Town.
8) All mariluana operations must provide for the safe, sanitary, and secure
disposal of any by-products or materials resulting from the operation, and must
submit an operations plan to the Planning Board with the site plan which details
how such by-products or materials will be disposed of.
9)

There shall be posted in a conspicuous location inside each Adult Use, Medical
Marijuana, and Registered Dispensary Establishment, at least one legible sign
containing the following information:
a. “Adult use of or on-site consumption of marijuana is illegal; Open and public
consumption of marijuana in the State of Maine is illegal; The use of marijuana
or marijuana products may impair a person’s ability to drive a car or operate
machinery; No one under the age of twenty-one (21) allowed, Loitering
prohibited”.
b. Medical Use: “use of or on site consumption of marijuana is illegal; open and
public consumption of marijuana in the state of Maine is illegal; the use of
marijuana or marijuana products may impair a person’s ability to drive a car or
operate machinery; no one under the age of twenty-one (21) allowed, except a
minor with a medical marijuana card between the ages of eighteen (18) and
twenty-one (21), or a minor under eighteen (18 years of age accompanied by a
legal guardian; loitering prohibited”.

10) Business hours are limited to 8:00arn to .8:O0prn, Monday through Saturday
Daily.
11) Any business advertising sign for a dispensary is subject to compliance with
Appendix H Sign Ordinance. In addition, signage may use an image or images
of the marijuana plant as long as they do not exceed 20 % of the sign face, but
there shall be no pictorial representations of other marijuana products or
paraphernalia associated with the use or distribution of marijuana.
There shall be no signage in any window and or door, except for the hours
of operation.
b. All signs used by, and all marketing and advertising conducted by or on
a.

behalf of the Marijuana Establishment may not involve advertising or
marketing that has a high likelihood of reaching persons under 21 years of
age or that is specifically designed to appeal particularly to persons under
21 years of age. The signs, marketing, or advertising is prohibited from
inaking any health or physical benefit claims.
12)No products dispensed from the facility may be within view from any public
way.
13) No products other than medical marijuana and related paraphernalia may be
dispensed, sold or otherwise made available at the facility. The dispensing of

BUCKSPORT TOWN CODE
APPENDIX K LAND USE
PROPOSED CHANGES —JUNE 2022

1-4

food products containing medical marijuana is subject to licensing in
accordance with town and State requirements. No food products shall be sold,
prepared, produced or assembled except in compliance with all operation and
other requirements of state and local law and regulation, including without
limitation, food establishment licensing requirements.
a. Any goods containing marijuana for human consumption shall be stored in a
secure area.
14) All licensed premises shall be in fixed, permanent locations. Licensees shall not be permitted to
operate marijuana establishments in temporary locations such as kiosks, town events or farm
stands.
15) The operation of any marijuana establishment or medical marijuana establishment without the
required local marijuana license or in violation of the requirements of this chapter shall be a
violation of this chapter.
a. Fines shall be set forth for violation of any of the provisions of this artic1e violators shall be
punished by a civil penalty of not less than $1,000.00 and not more than $10,000.00 for each
violation, plus attorneys’ fees and costs, to be recovered on complaint, to the use of the town.
b. Each day a violation is committed, or permitted to continue, shall constitute a separate
violation and shall be fined as such.
16) Compliance with other laws. A marijuana establishment or medical marijuana establishment shall
meet all operating and other requirements of state and local law and regulation. To the extent the
state has adopted or adopts in the future any stricter law or regulation governing marijuana
establishments the stricter law or regulation shall control.
17) Every Marijuana Establishment shall allow code enforcement officers to enter the premises at
reasonable times for the purpose of checking compliance with all applicable State laws and this
Ordinance.
18) The town may suspend or revoke a license for any violation of this ordinance or any other
applicable building and life safety code requirements. The town may suspend or revoke a license
if the licensee has a state license for a marijuana establishment and/or medical marijuana
establishment suspended or revoked by the state.
a. The licensee shall be entitled to notice and a hearing prior to any suspension or revocation.
13.11

PRODUCTION USES

13.11.8

Marijuana Cultivation Facilities, Marijuana Products Manufacturing Facilities, & Medical
Marijunana Products Manufacturing Facilities must comply with the following standards:
1) The emission of odorous or toxic matter in such quantities as to be readily
detectable at any point along lot lines so as to produce a public nuisance or
hazard is prohibited. Violations of this standard shall be considered public
nuisances.

BUCKSPORT TOWN CODE
APPENDIX K LAND USE
PROPOSED CHANGES —JUNE 2022

1-5

a. An odor control plan shall be submitted as part of the site plan review
application describing the odor(s) anticipated to originate at the premises
and the methods to be used to prevent such odor(s) from leaving the
premises.
b. If the operator and/or landowner fail to bring the facility into compliance
within 30 calendar days of the written notice of violation, the CEO will refer
the matter for prosecution. In addition to penalties and costs recoverable
under this Ordinance for violations, the Town may suspend or revoke other
approvals including, without limitation, any licenses and pursue any other
remedies available to the Town.
2) No outside cultivation, processing, or storage of marijuana, marijuana products, or related
supplies is permitted with the exception of home cultivation for personal adult use marijuana.
3) No marijuana or paraphernalia shall be displayed or kept so as to be visible from outside the
building(s).
4) All marijuana operations must provide for the safe, sanitary, and secure disposal of any by
products or materials resulting from the operation, and must submit an operations plan to the
Planning Board with the site plan which details how such by-products or materials will be
disposed of.
5)

Due to fire, explosion, and other hazards inherent in marijuana cultivation and manufacturing
facilities, including but not limited to heavy electrical loads, hot lighting fixtures, C02
enrichment, extraction solvents (e.g. acetone, butane, propane, ethanol, heptane, isopropanol,
C02, etc.), high pressure extraction methods, and flammable contents, the owner must agree to
annual inspection by the Bucksport Fire Department, and furthennore must install a Knox Box at
each locked entry (e.g. gate, door) for emergency access. Installation of Knox Boxes must be
done in coordination with the Bucksport Fire Department.

6) An electronic security system must be installed. The system must include video
cameras and panic buttons. The system must notify the police department of
any unauthorized breach of security. Security measures shall also include, at a
minimum, the following:
a. Security surveillance cameras installed and operating twenty-four (24) hours
a day, seven (7) days a week, with 30 (30) day video storage, to monitor all
entrances, along with the interior and exterior of the premises, to discourage
and facilitate the reporting of criminal acts and nuisance activities occurring
at the premises; and
b. Door and window combination video and motion detector intrusion system
with audible alarm, maintained in good working condition; and
c. A locking safe affixed to the premises that is suitable for storage of all
marijuana, marijuana products, and cash stored overnight on the licensed
premises; and

BUCKSPORT TOWN CODE
APPENDIX K LAND USE
PROPOSED CFIANGES JUNE 2022
-

1-6

d. Exterior lighting that illuminates the exterior walls of the licensed premises
during dusk to dawn, that is either constantly on or activated by motion
detectors; and
e. Deadbolt locks on all exterior doors and any other exterior access points.
excepting windows which shall have locks; and
f. For adult use facilities: methods to ensure that no person under the age of
twenty-one (21) shall have access to marijuana and marijuana products.
7) The emission of odorous or toxic matter in such quantities as to be readily
detectable at any point along lot lines so as to produce a public nuisance or
hazard is prohibited. Violations of this standard shall be considered public
nuisances.
a.

b.

An odor control plan shall be submitted as part of the site plan review
application describing the odor(s) anticipated to originate at the premises
and the methods to be used to prevent such odor(s) from leaving the
premises.
If the operator and/or landowner fail to bring the facility into compliance
within 30 calendar days of the written notice of violation, the CEO will refer
the matter for prosecution. In addition to penalties and costs recoverable
under this Ordinance for violations, the Town may suspend or revoke other
approvals including, without limitation, any licenses and pursue any other
remedies available to the Town.

8) The operation of any marijuana establishment or medical marijuana
establishment without the required local marijuana license or in violation of the
requirements of this chapter shall be a violation of this chapter.
a. Fines shall be set forth for violation of any of the provisions of this article;
violators shall be punished by a civil penalty of not less than $1,000.00 and
not more than $10,000.00 for each violation, plus attorneys’ fees and costs, to
be recovered on complaint, to the use of the town.
b. Each day a violation is committed, or penitted to continue, shall constitute a
separate violation and shall be fined as such.
9) Compliance with other laws. A marijuana establishment or medical marijuana
establishment shall meet all operating and other requirements of state and local
law and regulation. To the extent the state has adopted or adopts in the future
any stricter law or regulation governing marijuana establishments the stricter
law or regulation shall control.
10) Every Marijuana Establishment shall allow code enforcement officers to enter
the premises at reasonable times for the purpose of checking compliance with
all applicable State laws and this Ordinance.

BUCKSPORT TOWN CODE
APPENDIX K LAND USE
PROPOSED CHANGES JUNE 2022
-

1-7

11) The town may suspend or revoke a license for any violation of this ordinance or
any other applicable building and life safety code requirements. The town may
suspend or revoke a license if the licensee has a state license for a marijuana
establishment and/or medical marijuana establishment suspended or revoked by
the state.
a.

The licensee shall be entitled to notice and a hearing prior to any suspension or
revocation.

13.13

RURAL USES IAMENDED 01-13-Il EFFECTIVE 02-12-ill

13.13.2.7
1)

Medical marijuana growing facilities must comply with the following standards:
On site consumption or smoking of medical marijuana may not be conducted.

2)

The land usc may not be conducted within 1,000 feet of any place of worship,
school or playground in existence at the time the land use is permitted.
The land use must be registered and operated in accordance with State
requirements.
The land use may not include an on site medical marijuana dispensa’.
The growing facility must be located in a hilly enclosed building and must not be
visible from the outside. The occupancy must be in MI compliance with the
requirements of NFPA 101, as adopted by the State Fire Marshal’s Office.
The manufacturing of food products in the facility is subject to licensing in
accordance with town and State requirements.
An electronic security system must be installed in the facility. The system must
include video cameras and panic buttons. The system must noti’ the police
department of any unauthorized breach of security. inc building, pariung arm
loading areas must be hilly visible from the street. Security yard lighting must be in
operation beveen ½ hour before sunset and ½ hour after sunrise. All vehicle
entrances to the property must be protected with a locked security gate.
iess advertising sign for a growing facility is subject to compliance with
Appendix H Sign 0

3)
1)
5)

6)
7)

8)

13.16

TRADE USES

13.16.5

RETAIL MARIJUANA TESTING FACILITIES
Same as 13.11.8

BUCKSPORT TOWN CODE
APPENDIX K LAND USE
PROPOSED CHANGES JUNE 2022
-

1—1
SECTION

1
20.1
20.2
20.3
20.4
20.5
20.6
20.7

DEFINITIONS
All words used in this ordinance, other than those specifically defined in this section, have their common
meaning.
In the case of any difference of meaning or intent between the text of this ordinance and any map,
illustration or table, the text controls.
The words “shall,” “must” and “will” mean an action or duty is mandatory. The word “may” means an
action or duty is permissive. The phrase “may not” means an action is prohibited.
Capitalized words in this section are either defined terms or synonyms to defined terms.
Words with more than one definition identify each definition with an arrow bullet. Solid circle bullets
identify lists. Hollow circle bullets identif,’ supplemental information.
Some land use definitions include examples of similar land uses, but the examples given are not intended
to be all inclusive.
In this ordinance, tenus and phrases are defined as follows:

MARIJUANA CULTIVATION FACILITY: A facility licensed to purchase marijuana plants and seeds from
other cultivation facilities; to cultivate, prepare and package adult use marijuana; to sell adult use marijuana to
products manufacturing facilities, to marijuana stores and to other cultivation facilities; and to sell marijuana plants
and seeds to other cultivation facilities and immature marijuana plants and seedlings to mariiuana stores.
Marijuana Establishment:
Any business or individual that grows, cultivates, prepares, manufactures, packages, tests, or sells Medical
Marijuana or Adult Use Marijuana

MARIJUANA PRODUCTS MANUFACTURING FACILITY: A facility licensed to purchase adult use
marijuana from a cultivation facility or another products manufacturing facility, to manufacture, label and package
adult use mariiuana and adult use marijuana products; and to sell adult use marijuana and adult use marijuana
products to marijuana stores and to other products manufacturing facilities.
MARIJUANA STORE: A facility licensed to purchase adult use marijuana, immature marijuana plants and
seedlings from a cultivation facility, to purchase adult use marijuana and adult use marijuana products from a
products manufacturing facility and to sell adult use marijuana, adult use marijuana products, immature marijuana
plants and seedlings to consumers.
MARIJUANA TESTING FACILITY: A facility licensed to develop, research and test marijuana, marijuana
products and other substances.
MEDICAL MARIJUANA DISPENSARY: A store that provides medical marijuana and related products to the
public in accordance with State law.
MEDICAL MARIJUANA CROWINC FACILITY: A building and related site improvements where medical
marijuana is grown, stored and processed to prepare products to be dispensed in a medical marijuana dispensary.
MEDICAL MARIJUANA CAREGIVER RETAIL STORE: A store that has attributes generally associated with

BUCKSPORT TOWN CODE
APPENDIX K LAND USE
PROPOSED CHANGES JUNE 2022
-

1-2
retail stores, including, but not limited to, a fixed location, a sign, regular business hours, accessibility to the public
and sales of goods or services directly to a consumer, and that is used by a registered caregiver to offer marijuana
plants or harvested marijuana for sale to gualiMng patients.
MEDICAL MARIJUANA PRODUCTS MANUFACTURING FACILITY: A registered tier I or tier 2
manufacturing facility or a person authorized to engage in marijuana extraction under 22 MRSA 2423-F.
MEDICAL MARIJUANA REGISTERED DISPENSARY: An entity registered under 22 MRSA 2428 that
acquires, possesses, cultivates, manufactures, delivers, transfers, transports, sells, supplies or dispenses marijuana
plants or harvested marijuana or related supplies and educational materials to qualiMng patients and the caregivers
of those patients.

RETAIL MARIJUANA CULTIVATION FACILITY: An entity licensed to cultivate, prepare and package
retail marijuana and sell retail marijuana to retail marijuana establishments and retail marijuana social clubs.
RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY: An entity licensed to purchase retail
marijuana; manufacture, prepare and package retail marijuana products; and sell retail marijuana and retail
marijuana products only to other retail marijuana products manufacturing facilities, retail marijuana stores and
retail marijuana social clubs.
RETAIL MARIJUANA SOCIAL CLUB: An entity licensed to sell retail marijuana and retail marijuana
products to consumers for consumption on mu licensed
RETAIL MARIJUANA STORE: An entity licensed to purchase retail marijuana from a retail marijuana
cultivation facility and to purchase retail marijuana products from a retail marijuana products manufacturing
facility and to sell retail marijuana and retail marijuana products to consumers.
RETAIL MARIJUANA TESTINC FACILITY: An entity licensed and certified to analyze and certify the
safety and potency of retail marijuana and retail marijuana products.