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Town of
Shoreland Zoning Ordinance
Note: Includes all state
amendments to the Shoreland Zoning Law through
December, 2004 – last amended date in year 2000. The ordinance replaces the ordinance adopted
Adopted:
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.................................................................................................................................. 1
7... Conflicts with Other Ordinances.................................................................................................... 1
8... Amendments................................................................................................................................ 1
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................................................................................................................ 2
12.. Non-conformance......................................................................................................................... 2
A. Purpose................................................................................................................................. 2
B. General.................................................................................................................................. 3
C. Non-conforming Structures..................................................................................................... 3
D. Non-conforming Uses............................................................................................................. 4
E. Non-conforming Lots.............................................................................................................. 5
13.. Establishment of Districts.............................................................................................................. 5
A. Resource Protection District.................................................................................................... 6
B. Limited Residential District...................................................................................................... 6
C. Limited Commercial District.................................................................................................... 6
D. General Development District.................................................................................................. 6
E. Stream Protection District ...................................................................................................... 7
14.. Table of Land Uses...................................................................................................................... 7
15.. Land Use Standards ................................................................................................................... 9
A. Minimum
B. Principal and Accessory Structures.......................................................................................... 9
C. Piers, Docks, Wharves, Bridges and Other Structures and Uses Extending Over or
Beyond the
D. Campgrounds....................................................................................................................... 11
E. Individual Private Campsites ................................................................................................. 11
F. Commercial and Industrial Uses............................................................................................. 11
G. Parking Areas...................................................................................................................... 12
H. Roads and Driveways .......................................................................................................... 12
J. Storm Water Runoff ........................................................................................................... 15
K. Septic Waste Disposal …………………………………………………………………………. 15
L. Essential Services ................................................................................................................ 15
M. Mineral Exploration and Extraction ........................................................................................ 15
N. Agriculture........................................................................................................................... 16
O. Timber Harvesting ............................................................................................................... 17
P. Clearing of Vegetation for Development ................................................................................ 19
Q. Erosion and Sedimentation Control ........................................................................................ 20
R. Soils..................................................................................................................................... 21
S. Water Quality....................................................................................................................... 21
T. Archaeological Site .............................................................................................................. 21
16.. Administration............................................................................................................................ 22
A. Administering Bodies and Agents .......................................................................................... 22
B. Permits Required.................................................................................................................. 22
C. Permit Application................................................................................................................ 22
D. Procedure for Administering Permits .................................................................................... 22
E. Special Exceptions................................................................................................................ 23
F. Expiration of Permit.............................................................................................................. 24
G. Installation of Public Utility Service ....................................................................................... 24
H. Appeals................................................................................................................................ 24
I. Enforcement......................................................................................................................... 27
17.. Definitions ................................................................................................................................. 28
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; within 250 feet, horizontal distance, of the upland edge of a freshwater wetland; and 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 beyond the normal high-water line of a water body or within a wetland.
4. Effective Date and Repeal of Formerly Adopted
Ordinance. This Ordinance, which was
adopted by the municipal legislative body on
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 if the Ordinance is approved by the Commissioner.
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, 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
(5) 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 this section.
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 which 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 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.
(b) Construction or enlargement of a foundation beneath the existing
structure shall not be considered an expansion of the structure provided:
(i) The structure and new foundation are 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 subsection 2 Relocation, below;
(ii) The completed foundation does not extend
beyond the exterior dimensions of the structure; and
(iii) The foundation does not cause the structure
to be elevated by more than three (3) additional feet.
(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, 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 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.
(3) Reconstruction or Replacement. Any non-conforming structure which is located less than the required setback from the normal high-water line of a water body, tributary stream, or upland edge of a wetland and which is removed, or damaged or destroyed 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 one year of the date of said damage, destruction, or removal, and provided that such reconstruction or replacement is in compliance with the water setback requirement to the greatest practical extent as determined by the Planning Board 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.
Any non-conforming structure which is damaged or destroyed by 50% or less of the market value of the structure, excluding normal maintenance and repair, may be reconstructed in place with a permit, from the code enforcement officer.
In determining whether the building reconstruction or replacement meets the water setback to the greatest practical extent the Planning Board shall consider in addition to the criteria in paragraph 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 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 permitted 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 size and frontage can be met. Variances relating to setback or other requirements not involving lot size or 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 and 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 the effective date of this Ordinance 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 subparagraph 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 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 by the Maine Department of
Inland Fisheries and Wildlife (MDIF&W) as of
(2) Areas of two or more contiguous acres with sustained slopes of 20% or greater.
(3) 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 normal spring 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 District.
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 District. The General Development District includes the following types of 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.
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.
E. 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 - Requires permit issued by the Planning Board
CEO - Requires permit issued by the Code Enforcement Officer
LPI - Requires permit issued by the Local Plumbing Inspector
Abbreviations:
RP - Resource Protection GD - General Development
LR - Limited Residential CFMA - Commercial Fisheries/Maritime Activities
LC - Limited Commercial SP - Stream Protection
The following notes are applicable to the Land Uses Table on the following page:
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 of vegetation for approved
construction and other allowed uses |
CEO |
CEO1 |
yes |
yes |
yes |
|
6. Fire prevention activities |
yes |
yes |
yes |
yes |
yes |
|
7. Wildlife management practices |
yes |
yes |
yes |
yes |
yes |
|
8. Soil and Water conservation practices |
yes |
yes |
yes |
yes |
yes |
|
9. Mineral exploration |
no |
yes2 |
yes2 |
yes2 |
yes2 |
|
10. Mineral extraction including sand and
gravel extraction |
no |
PB3 |
PB |
PB |
PB |
|
11. Surveying and resource analysis |
yes |
yes |
yes |
yes |
yes |
|
12. Emergency Operations |
yes |
yes |
yes |
yes |
yes |
|
13. Agriculture |
yes |
PB |
yes |
yes |
|