Town of Boothbay Harbor, ME Article I General Provisions

§ 170-1 Title.

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."

§ 170-2 Legislative authority.

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.

§ 170-3 Purpose

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.

E. Promote traffic safety.

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.

§ 170-4 Applicability.

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.

§ 170-5 Conflicts with other codes or ordinances.

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.

§ 170-6 Validity and severability.

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.

§ 170-7 Changes and amendments.

A. No amendment of this Land Use Code shall be adopted until after the Selectmen have held a public hearing on it at least 10 days before it is submitted to the Town Meeting for consideration. Public notice shall be made at least seven days prior to the hearing. Amendments to this Land Use Code may be considered following petition, recommendation of the Planning Board or motion of the Selectmen.

B. For amendments involving the Shoreland Zoning provisions of this Land Use Code (Article VIII), copies of amendments attested and signed by the Boothbay Harbor Town Clerk shall be submitted to the Commissioner of the Department of Environmental Protection following adoption by the Boothbay Harbor legislative body and shall not be effective unless approved by the Commissioner of the Department of Environmental Protection. If the Commissioner of the Department of Environmental Protection fails to act on any amendment within 45 days of the Commissioner's receipt of the amendment, the amendment is automatically approved. Any application for a permit submitted to the Town of Boothbay Harbor within the forty-five-day period shall be governed by the terms of the amendment, if such amendment is approved by the Board.

§ 170-8 Repetitive petitions.

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.

§ 170-9 Effective dates; repeal of prior provisions.

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[1] except as in Subsection B as follows.

[1] Editor's Note: This ordinance comprised former Ch. 170, Zoning.

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.