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Town of
Shoreland Zoning Ordinance
Final Draft:
Note: This ordinance replaces
the ordinance adopted
Adopted: June ___, 2007
TABLE OF CONTENTS
Page
1... Purposes...................................................................................................................................... 1
2... Authority...................................................................................................................................... 1
3... Applicability................................................................................................................................. 1
4... Effective Date and Repeal of Formerly Adopted Ordinance............................................................ 1
5... Availability................................................................................................................................... 1
6... Severability.................................................................................................................................. 2
7... Conflicts with Other Ordinances.................................................................................................... 2
8... Amendments................................................................................................................................ 2
9... Districts and Zoning Map.............................................................................................................. 2
A. Official Shoreland Zoning Map................................................................................................ 2
B. Scale of Map.......................................................................................................................... 2
C. Certification of Official Shoreland Zoning Map......................................................................... 2
D. Changes to the Official Shoreland Zoning Map......................................................................... 2
10.. Interpretation of District Boundaries.............................................................................................. 2
11.. Land Use Requirements................................................................................................................ 3
12.. Non-conformance......................................................................................................................... 3
A. Purpose................................................................................................................................. 3
B. General.................................................................................................................................. 3
C. Non-conforming Structures..................................................................................................... 3
D. Non-conforming Uses............................................................................................................. 5
E. Non-conforming Lots.............................................................................................................. 6
13.. Establishment of Districts.............................................................................................................. 6
A. Resource Protection District.................................................................................................... 6
B. Limited Residential District...................................................................................................... 7
C. Limited Commercial District.................................................................................................... 7
D. General Development District.................................................................................................. 7
E. General Development II District............................................................................................... 8
F. Stream Protection District ...................................................................................................... 8
14.. Table of Land Uses...................................................................................................................... 8
15.. Land Use Standards .................................................................................................................. 10
A. Minimum
B. Principal and Accessory Structures........................................................................................ 10
C. Piers, Docks, Wharves, Bridges and Other Structures and Uses Extending Over or
Beyond the
D. Campgrounds....................................................................................................................... 12
E. Individual Private Campsites ................................................................................................. 12
F. Commercial and Industrial Uses............................................................................................. 13
G. Parking Areas...................................................................................................................... 13
H. Roads and Driveways .......................................................................................................... 14
J. Storm Water Runoff ........................................................................................................... 16
K. Septic Waste Disposal …………………………………………………………………………. 16
L. Essential Services ................................................................................................................ 16
M. Mineral Exploration and Extraction ........................................................................................ 16
N. Agriculture........................................................................................................................... 17
O. Timber Harvesting ............................................................................................................... 18
P. Clearing of Vegetation for Development ................................................................................ 20
Q. Erosion and Sedimentation Control ........................................................................................ 22
R. Soils..................................................................................................................................... 22
S. Water Quality....................................................................................................................... 23
T. Archaeological Site .............................................................................................................. 23
16.. Administration............................................................................................................................ 23
A. Administering Bodies and Agents .......................................................................................... 23
B. Permits Required.................................................................................................................. 23
C. Permit Application................................................................................................................ 24
D. Procedure for Administering Permits .................................................................................... 24
E. Special Exceptions................................................................................................................ 25
F. Expiration of Permit.............................................................................................................. 25
G. Installation of Public Utility Service ....................................................................................... 26
H. Appeals................................................................................................................................ 26
I. Enforcement......................................................................................................................... 29
17.. Definitions ................................................................................................................................. 30
Shoreland Zoning
Ordinance for the Town of
1. Purposes. The purposes of this
Ordinance are to further the maintenance of safe and healthful conditions; to
prevent and control water pollution; to protect fish spawning grounds, aquatic
life, bird and other wildlife habitat; to protect buildings and lands from
flooding and accelerated erosion; to protect archaeological and historic resources;
to protect freshwater wetlands; to control building sites, placement of
structures and land uses; to conserve shore cover, and visual as well as actual
points of access to inland waters; to conserve natural beauty and open space;
and to anticipate and respond to the impacts of development in shoreland areas.
2. Authority.
This Ordinance has been prepared in accordance with the provisions
of Title 38 sections 435-449 of the Maine Revised Statutes Annotated
(M.R.S.A.).
3. Applicability. This Ordinance applies to all land areas
within 250 feet, horizontal distance, of the
·
normal high-water line of any great pond, or
·
upland edge of a freshwater wetland,
and all
land areas within 75 feet, horizontal distance, of the normal high-water line
of a stream. This Ordinance also applies
to any structure built on, over or abutting a dock, wharf or pier, or other
structure extending or located below the normal high-water line of a water body
or within a wetland.
4. Effective Date and Repeal of Formerly Adopted
Ordinance.
A. This Ordinance, which was adopted by the
municipal legislative body on June ___, 2007, shall not be effective unless
approved by the Commissioner of the Department of Environmental
Protection. A certified copy of the
Ordinance, or Ordinance Amendment, attested and signed by the Municipal Clerk,
shall be forwarded to the Commissioner for approval. If the Commissioner fails to act on this
Ordinance, or Ordinance Amendment, within forty-five (45) days of his/her
receipt of the Ordinance, or Ordinance Amendment, it shall be automatically
approved.
Any application for a permit submitted to
the municipality within the forty-five (45) day period shall be governed by the
terms of this Ordinance, or Ordinance Amendment, if the Ordinance, or Ordinance
Amendment, is approved by the Commissioner.
B. Repeal
of Municipal Timber Harvesting Regulation.
The municipal regulation of timber harvesting activities is repealed
on the statutory date established under 38 M.R.S.A. section 438-A(5), at which time the
State of Maine Department of Conservation’s Bureau of Forestry shall administer
timber harvesting standards in the shoreland
zone. On the date established under 38
M.R.S.A section 438-A(5), the following provisions of
this Ordinance are repealed:
·
Section 14. Table of Land Uses, Column 3 (
·
Section 15(O) in its entirety; and
·
Section 17. Definitions, the definitions of
“forest management activities” and “residual basal area” from the Town of
5. Availability. A certified copy of this Ordinance shall be
filed with the Municipal Clerk and shall be accessible to any member of the
public. Copies shall be made available
to the public at reasonable cost at the expense of the person making the
request. Notice of availability of this
Ordinance shall be posted.
6. Severability. Should any section or provision of this
Ordinance be declared by the courts to be invalid, such decision shall not
invalidate any other section or provision of the Ordinance.
7. Conflicts with Other Ordinances. Whenever a provision of this Ordinance
conflicts with or is inconsistent with another provision of this Ordinance or
of any other ordinance, regulation or statute administered by the municipality,
the more restrictive provision shall control.
8. Amendments. This Ordinance may be amended by majority
vote of the legislative body. Copies of
amendments, attested and signed by the Municipal Clerk, shall be submitted to
the Commissioner of the Department of Environmental Protection following
adoption by the municipal legislative body and shall not be effective unless
approved by the Commissioner. If the
Commissioner fails to act on any amendment within forty-five (45) days of
his/her receipt of the amendment, the amendment is automatically approved. Any application for a permit submitted to the
municipality within the forty-five (45) day period shall be governed by the
terms of the amendment, if such amendment is approved by the Commissioner.
9. Districts and Zoning Map
A. Official Shoreland
Zoning Map. The areas to which this
Ordinance is applicable are hereby divided into the following districts as
shown on the Official Shoreland Zoning Map(s) which
is (are) made a part of this Ordinance:
(1) Resource
Protection
(2) Limited
Residential
(3) Limited
Commercial
(4) General
Development I
(5) General Development II
(6) Stream
Protection
B. Scale of Map. The Official Shoreland
Zoning Map shall be drawn at a scale of not less than: 1 inch = 2000 feet. District boundaries shall be clearly
delineated and a legend indicating the symbols for each district shall be
placed on the map.
C. Certification of Official Shoreland
Zoning Map. The Official Shoreland Zoning Map shall be certified by the attested
signature of the Municipal Clerk and shall be located in the municipal office.
In the event the municipality does not have a municipal office, the Municipal
Clerk shall be the custodian of the map.
D. Changes to the Official Shoreland
Zoning Map. If amendments, in
accordance with Section 8, are made in the district boundaries or other matter
portrayed on the Official Shoreland Zoning Map, such
changes shall be made on the Official Shoreland
Zoning Map within thirty (30) days after the amendment has been approved by the
Commissioner of the Department of Environmental Protection.
10. Interpretation of District Boundaries. Unless otherwise set forth on the Official Shoreland Zoning Map, district boundary lines are property
lines, the centerlines of streets, roads and rights of way, and the boundaries
of the shoreland area as defined herein. Where uncertainty exists as to the exact
location of district boundary lines, the Board of Appeals shall be the final authority
as to location.
11. Land Use Requirements. Except as hereinafter specified, no building,
structure or land shall hereafter be used or occupied, and no building or
structure or part thereof shall hereafter be erected, constructed, expanded,
moved, or altered and no new lot shall be created except in conformity with all
of the regulations herein specified for the district in which it is located,
unless a variance is granted.
12. Non-conformance.
A. Purpose.
It is the intent of this Ordinance to promote land use
conformities, except that non-conforming conditions that existed before the
effective date of this Ordinance shall be allowed to continue, subject to the
requirements set forth in Section 12. Except as otherwise provided in this Ordinance, a non-conforming
condition shall not be permitted to become more non-conforming.
B. General
(1) Transfer of
Ownership. Non-conforming structures,
lots, and uses may be transferred, and the new owner may continue the
non-conforming use or continue to use the non-conforming structure or lot,
subject to the provisions of this Ordinance.
(2) Repair and
Maintenance. This Ordinance allows,
without a permit, the normal upkeep and maintenance of non-conforming uses and
structures including repairs or renovations that do not involve expansion of
the non-conforming use or structure, and such other changes in a non-conforming
use or structure as federal, state, or local building and safety codes may
require.
C. Non-conforming Structures
(1) Expansions. A non-conforming structure may be added to or
expanded after obtaining a permit from the same permitting authority as that
for a new structure, if such addition or expansion does not increase the
non-conformity of the structure and is in accordance with subparagraphs (a) and
(b) below.
(a) After January 1, 1989 if any portion of a structure is less
than the required setback from the normal high-water line of a water body or
tributary stream or the upland edge of a wetland, that portion of the structure
shall not be expanded, as measured in floor area or volume, by 30% or more,
during the lifetime of the structure. If
a replacement structure conforms with the requirements of Section 12(C)(3), and
is less than the required setback from a water body, tributary stream or
wetland, the replacement structure may not be expanded if the original
structure existing on January 1, 1989 had been expanded by 30% in floor area
and volume since that date.
(b) Whenever a new, enlarged, or
replacement foundation is constructed under a non-conforming structure, the
structure and new foundation must be placed such that the setback requirement
is met to the greatest practical extent as determined by the Planning Board or
its designee, basing its decision on the criteria specified in Section 12(C)(2) Relocation, below. If the
completed foundation does not extend beyond the exterior dimensions of the
structure, except for expansion in conformity with Section 12(C)(1)(a) above, and the foundation does not cause the
structure to be elevated by more than three (3) additional feet, as measured
from the uphill side of the structure (from original ground level to the bottom
of the first floor sill), it shall not be considered to be an expansion of the
structure.
(2) Relocation. A non-conforming structure may be relocated
within the boundaries of the parcel on which the structure is located provided
that the site of relocation conforms to all setback requirements to the
greatest practical extent as determined by the Planning Board or its designee,
and provided that the applicant demonstrates that the present subsurface sewage
disposal system meets the requirements of State law and the State of Maine
Subsurface Wastewater Disposal Rules (Rules), or that a new system can be
installed in compliance with the law and said Rules. In no case shall a structure be relocated in
a manner that causes the structure to be more non-conforming.
In
determining whether the building relocation meets the setback to the greatest
practical extent, the Planning Board or its designee shall consider the size of
the lot, the slope of the land, the potential for soil erosion, the location of
other structures on the property and on adjacent properties, the location of
the septic system and other on-site soils suitable for septic systems, and the
type and amount of vegetation to be removed to accomplish the relocation. When it is necessary to remove vegetation
within the water or wetland setback area in order to relocate a structure, the
Planning Board shall require replanting of native vegetation to compensate for
the destroyed vegetation. In addition,
the area from which the relocated structure was removed must be replanted with
vegetation. Replanting shall be required
as follows:
(a) Trees
removed in order to relocate a structure must be replanted with at least one
native tree, three (3) feet in height, for every tree removed. If more than five trees are planted, no one
species of tree shall make up more than 50% of the number of trees
planted. Replaced trees must be planted
no further from the water or wetland than the trees that were removed.
Other woody and herbaceous vegetation, and ground cover, that are removed or
destroyed in order to relocate a structure must be re-established. An area at least the same size as the area
where vegetation and/or ground cover was disturbed, damaged, or removed must be
reestablished within the setback area.
The vegetation and/or ground cover must consist of similar native
vegetation and/or ground cover that was disturbed, destroyed or removed.
(b) Where
feasible, when a structure is relocated on a parcel the original location of
the structure shall be replanted with vegetation which may consist of grasses,
shrubs, trees, or a combination thereof.
(3) Reconstruction or Replacement.
Any non-conforming structure which is located less than the required
setback from a water body, tributary stream, or wetland and which is removed,
or damaged or destroyed, regardless of the cause, by more than 50% of the
market value of the structure before such damage, destruction or removal, may
be reconstructed or replaced provided that a permit is obtained within eighteen
(18) months of the date of said damage, destruction, or removal, and provided
that such reconstruction or replacement is in compliance with the water body,
tributary stream or wetland setback requirement to the greatest practical
extent as determined by the Planning Board or its designee in accordance with
the purposes of this Ordinance. In no case
shall a structure be reconstructed or replaced so as to increase its
non-conformity. If the reconstructed or
replacement structure is less than the required setback it shall not be any
larger than the original structure, except as allowed pursuant to Section
12(C)(1) above, as determined by the non-conforming floor area and volume of
the reconstructed or replaced structure at its new location. If the total amount of floor area and volume
of the original structure can be relocated or reconstructed beyond the required
setback area, no portion of the relocated or reconstructed structure shall be
replaced or constructed at less than the setback requirement for a new
structure. When it is necessary to
remove vegetation in order to replace or reconstruct a structure, vegetation
shall be replanted in accordance with Section 12(C)(2)
above.
Any
non-conforming structure which is located less than the required setback from a
water body, tributary stream, or wetland and which is removed by 50% or less of
the market value, or damaged or destroyed by 50% or less of the market value of
the structure, excluding normal maintenance and repair, may be reconstructed in
place if a
permit is obtained from the Code Enforcement Officer within one year of such
damage, destruction, or removal.
In
determining whether the building reconstruction or replacement meets the
setback to the greatest practical extent the Planning Board or its designee
shall consider, in addition to the criteria in Section 12(C)(2) above, the
physical condition and type of foundation present, if any.
(4) Change of Use of a Non-conforming Structure. The use of a non-conforming structure may not
be changed to another use unless the Planning Board after receiving a written
application determines that the new use will have no greater adverse impact on
the water body, tributary stream, or wetland, or on the subject or adjacent
properties and resources than the existing use.
In determining that no greater adverse impact
will occur, the Planning Board shall require written documentation from the applicant,
regarding the probable effects on public health and safety, erosion and
sedimentation, water quality, fish and wildlife habitat, vegetative cover,
visual and actual points of public access to waters, natural beauty, flood
plain management, archaeological and historic resources, and functionally
water-dependent uses.
D. Non-conforming Uses
(1) Expansions. Expansions of non-conforming uses are
prohibited, except that non-conforming residential uses may, after obtaining a
permit from the Planning Board, be expanded within existing residential
structures or within expansions of such structures as allowed in Section
12(C)(1)(a) above.
(2) Resumption
Prohibited. A lot, building or structure
in or on which a non-conforming use is discontinued for a period exceeding one
year, or which is superseded by a conforming use, may not again be devoted to a
non-conforming use except that the Planning Board may, for good cause shown by
the applicant, grant up to a one year extension to that time period. This provision shall not apply to the
resumption of a use of a residential structure provided that the structure has
been used or maintained for residential purposes during the preceding five (5)
year period.
(3) Change of
Use. An existing non-conforming use may
be changed to another non-conforming use provided that the proposed use has no
greater adverse impact on the subject and adjacent properties and resources,
than the former use, as determined by the Planning Board. The determination of no greater adverse
impact shall be made according to criteria listed in Section 12 (C) (4) above.
E. Non-conforming Lots
(1) Non-conforming
Lots: A non-conforming lot of record as of the effective date of this Ordinance
or amendment thereto may be built upon, without the need for a variance,
provided that such lot is in separate ownership and not contiguous with any
other lot in the same ownership, and that all provisions of this Ordinance
except lot area, lot width and shore frontage can be met. Variances relating to setback or other
requirements not involving lot area, lot width or shore frontage shall be
obtained by action of the Board of Appeals.
(2) Contiguous
Built Lots: If two or more contiguous lots or parcels are in a single or joint
ownership of record at the time of adoption of this Ordinance, if all or part
of the lots do not meet the dimensional requirements of this Ordinance, and if
a principal use or structure exists on each lot, the non-conforming lots may be
conveyed separately or together, provided that the State Minimum Lot Size Law
(12 M.R.S.A. sections 4807-A through 4807-D) and the State of Maine Subsurface
Wastewater Disposal Rules are complied with.
If two or
more principal uses or structures existed on a single lot of record on the
effective date of this ordinance, each may be sold on a separate lot provided
that the above referenced law and rules are complied with. When such lots are divided each lot thus
created must be as conforming as possible to the dimensional requirements of
this Ordinance.
(3) Contiguous
Lots - Vacant or Partially Built: If two or more contiguous lots or parcels are
in single or joint ownership of record at the time of or since adoption or
amendment of this Ordinance, if any of these lots do not individually meet the
dimensional requirements of this Ordinance or subsequent amendments, and if one
or more of the lots are vacant or contain no principal structure the lots shall
be combined to the extent necessary to meet the dimensional requirements.
This
provision shall not apply to 2 or more contiguous lots, at least one of which
is non-conforming, owned by the same person or persons on or prior to June 13,
1992 and recorded in the registry of deeds if the lot is served by a public
sewer or can accommodate a subsurface sewage disposal system in conformance
with the State of Maine Subsurface Wastewater Disposal Rules; and
(a) Each lot
contains at least 100 feet of shore frontage and at least 20,000 square feet of
lot area; or
(b) Any lots that do not meet the frontage and lot
size requirements of Section 12(E)(3)(a) are reconfigured or combined so that
each new lot contains at least 100 feet of shore frontage and 20,000 square
feet of lot area.
13. Establishment of Districts
A. Resource Protection District. The Resource Protection District includes
areas in which development would adversely affect water quality, productive
habitat, biological ecosystems, or scenic and natural values. This district shall include the following
areas when they occur within the limits of the shoreland
zone, exclusive of the Stream Protection District, except that areas which are
currently developed and areas which meet the criteria for the Limited
Commercial or General Development I Districts need not be included within the
Resource Protection District.
(1) Areas within
250 feet, horizontal distance, of the upland edge of freshwater wetlands, and
wetlands associated with great ponds and rivers, which are rated
"moderate" or "high" value waterfowl and wading bird
habitat, including nesting and feeding areas, by the Maine Department of Inland
Fisheries and Wildlife (MDIF&W) that are depicted on a Geographic
Information System (GIS) data layer maintained by either MDIF&W or the
Department as of May 1, 2006. For the
purposes of this paragraph “wetlands associated with great ponds” shall mean
areas characterized by non-forested wetland vegetation and hydric
soils that are contiguous with a great pond, and have a surface elevation at or
below the water level of the great pond during the period of normal high
water. “Wetlands associated with great
ponds” are considered to be part of that great pond.
(2) Floodplains
along rivers and floodplains along artificially formed great ponds along
rivers, defined by the 100 year floodplain as designated on the Federal
Emergency Management Agency's (FEMA) Flood Insurance Rate Maps or Flood Hazard
Boundary Maps, or the flood of record, or in the absence of these, by soil
types identified as recent floodplain soils
(3) Areas of two
or more contiguous acres with sustained slopes of 20% or greater.
(4) Areas of two
(2) or more contiguous acres supporting wetland vegetation and hydric soils, which are not part of a freshwater wetland as
defined, and which are not surficially connected to a
water body during the period of normal high water.
B. Limited Residential District. The Limited Residential District includes
those areas suitable for residential and recreational development. It includes areas other than those in the
Resource Protection District, or Stream Protection District, and areas which
are used less intensively than those in the Limited Commercial District, the
General Development Districts.
C. Limited Commercial District. The Limited Commercial District includes
areas of mixed, light commercial and residential uses, exclusive of the Stream
Protection District, which should not be developed as intensively as the
General Development District. This
district includes areas of two or more contiguous acres in size devoted to a
mix of residential and low intensity business and commercial uses. Industrial uses are prohibited.
D. General Development I District. The General Development District I includes
the following types of existing, intensively developed areas:
(1) Areas of two
or more contiguous acres devoted to commercial, industrial or intensive
recreational activities, or a mix of such activities, including but not limited
to the following:
(a) Areas devoted to manufacturing, fabricating or
other industrial activities;
(b) Areas devoted to wholesaling, warehousing,
retail trade and service activities, or other commercial activities; and
(c) Areas devoted to intensive recreational
development and activities, such as, but not limited to amusement parks, race
tracks and fairgrounds.
(2) Areas otherwise discernible as having patterns of intensive
commercial, industrial or recreational uses.
Portions of the General Development District may also include
residential development. However, no
area shall be designated as a General Development District based solely on
residential use.
E. General Development II District. The General Development II District
includes the same types of areas as those listed for the General Development I
District. The General Development II
District, however, shall be applied to newly established General Development
Districts where the pattern of development at the time of adoption is
undeveloped or not as intensively developed as that of the General Development
I District.
Portions of the General Development
District I or II may also include residential development. However, no area shall be designated as a
General Development I or II District based solely on residential use.
In areas adjacent to great ponds, the
designation of an area as a General Development District shall be based upon
uses existing at the time of adoption of this Ordinance. There shall be no
newly established General Development Districts or expansions in area of
existing General Development Districts adjacent to great ponds.
F. Stream
Protection District. The Stream
Protection District includes all land areas within seventy-five (75) feet,
horizontal distance, of the normal high-water line of a stream, exclusive of
those areas within two-hundred and fifty (250) feet, horizontal distance, of
the normal high-water line of a great pond, or within two hundred and fifty
(250) feet, horizontal distance, of the upland edge of a freshwater
wetland. Where a stream and its
associated shoreland area are located within
two-hundred and fifty (250) feet, horizontal distance, of the above water
bodies or wetlands, that land area shall be regulated under the terms of the shoreland district associated with that water body or
wetland.
14. Table of Land Uses. All land use activities, as indicated in
Table 1, Land Uses in the Shoreland Zone, shall
conform with all of the applicable land use standards
in Section 15. The district designation
for a particular site shall be determined from the Official Shoreland
Zoning Map.
Key to Table 1:
Yes - Allowed (no permit required but the use must
comply with all applicable land use standards.)
No - Prohibited
PB - Allowed with permit issued by the Planning
Board
CEO - Allowed with permit issued by the Code
Enforcement Officer
LPI - Allowed with permit issued by the Local
Plumbing Inspector
Abbreviations:
RP - Resource
Protection GD - General Development I and General Development
II
LR - Limited
Residential LC - Limited Commercial
SP Stream
Protection
TABLE
1. LAND USES IN THE SHORELAND
ZONE
LAND
USES DISTRICT
SP RP LR LC GD
|
1. Non-intensive recreational uses not
requiring structures such as hunting, fishing and hiking |
yes |
yes |
yes |
yes |
yes |
|
|
2. Motorized vehicular traffic on existing
roads and trails |
yes |
yes |
yes |
yes |
yes |
|
|
3. Forest management activities except for
timber harvesting |
yes |
yes |
yes |
yes |
yes |
|
|
4. Timber harvesting |
yes |
CEO |
yes |
yes |
yes |
|
|
5. Clearing or removal of vegetation for
activities other than timber harvesting |
CEO |
CEO1 |
yes |
yes |
yes |
|
|
6. Fire prevention activities |
yes |
yes |
yes |
yes |
yes |
|
|
7. Wildlife management practices |
yes |
yes |
yes |
yes |
yes |
|