This chapter shall be known and cited as the
"Land Use Code of the Town of Boothbay Harbor, Maine," and may be
referred to as "this chapter" or "the Land Use Code" or "this Code"
or "this Land Use Ordinance."
This Land Use Code is adopted pursuant to the enabling provisions of Article
VIII, Part 2, § 1, of the State of Maine Constitution and the provisions of 30-A M.R.S.A. § 3001 (Home Rule). It is also adopted pursuant to various provisions of law, including, without limitation, the state's Growth Management Law, 30-A M.R.S.A. § 4312 et seq.; Zoning, 30-A M.R.S.A. § 4352 et seq.; the Mandatory Shoreland Zoning Act, 38 M.R.S.A. § 435 et seq.; the Subdivision Law, 30-A M.R.S.A. § 4401 et seq.; and Manufactured Housing, 30-A M.R.S.A. § 4358 et seq.
The purposes of this Land Use Code are to:
A. Implement the provisions of the town's Comprehensive
Plan.
B. Encourage growth in the identified growth area of
the community, and to limit growth in the areas that have reached
their capacity for further growth.
C. Promote the health, safety and general welfare of
the residents of the community.
D. Encourage the most appropriate use of land throughout
the community.
F. Promote safety from fire and other elements.
G. Provide an allotment of land area in new developments
sufficient for adequate enjoyment of community life, such as but not
limited to open space and public access.
H. Conserve natural resources.
I. Further the maintenance of safe and healthful conditions
in the watershed and shoreland areas; 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 commercial fishing and maritime industries; to protect
freshwater and coastal 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 and coastal waters; to conserve
natural beauty and open space; and to anticipate and respond to the
impacts of development in shoreland areas.
The provisions of this Land Use Code shall govern
all land and all structures within the boundaries and the jurisdiction
of the Town of Boothbay Harbor, including any structure built on,
over or abutting a dock, wharf or pier or other structures extending
beyond the high-water line of a water body or within a water body
or wetland.
This Land Use Code shall not repeal, annul or in any way impair or remove the necessity of compliance with any other rule, regulation, bylaw, permit or provision of the federal, state or local government bodies. Whenever a provision of this Land Use Code conflicts with or is inconsistent with another provision of this Land Use Code or of any other ordinance, regulation or statute, the more restrictive provision shall control except in the case of a mobile/modular home roof pitch, mobile home park lot coverage and the relaxation of the side and rear yard setbacks in the Downtown Business District and Article
II, §
170-11A(4), exceptions for decks.
In the event that any article, section, subsection
or other provision of this Land Use Code is held or becomes invalid
or void, by virtue of any decision of any court of competent jurisdiction,
or by virtue of any controlling federal, state or other law, then
only such article, section, subsection or other provision which is
specifically mentioned in such decision of the court, or which is
specifically controlled by such federal, state or other law, shall
be affected, and the remaining portions of this Land Use Code shall
continue to be valid and remain in full force and effect.
No proposed change in this Land Use Code which
has been unfavorably acted upon by the legislative body shall be considered
on its merits by the legislative body within two years after the date
of such unfavorable action unless adoption of the proposed change
is recommended by unanimous vote of the Planning Board.
The effective date of this Land Use Code is
May 3, 1999, as follows:
A. The effective date of this Land Use Code shall be
the date of adoption by the Town of Boothbay Harbor's legislative
body on May 3, 1999. Upon adoption, the ordinance adopted on June
4, 1991, as amended, is hereby repealed except as in Subsection
B as follows.
B. The shoreland zoning provisions of this Land Use Code
shall be effective upon the date of adoption, provided that they are
subsequently approved by the Board of Environmental Protection. A
certified copy of this Land Use Code, attested and signed by the Municipal
Clerk, shall be forwarded to the Board of Environmental Protection
for approval. If the Board of Environmental Protection fails to act
on the shoreland zoning provisions of this Land Use Code within 45
days of its receipt of this Land Use Code, they shall be deemed approved.
Upon approval of the shoreland zoning provisions of this Land Use
Code, the shoreland zoning provisions previously adopted on March
4, 1991, and any subsequent amendments, are hereby repealed.