[Amended 5-3-2019 by ATM Art. 3]
For the purpose of this Land Use Code, the Town
of Boothbay Harbor is divided into the following districts:
General Residential District
|
Special Residential District
|
Downtown Business District
|
Limited Commercial/Maritime District
|
Working Waterfront District
|
General Business District
|
Resource Protection District
|
Shoreland District/Stream Protection Overlay
District
|
[Amended 5-3-2019 by ATM Art. 3]
The location and boundaries of the above districts
are hereby established as shown on the map entitled "Zoning Map,"
Town of Boothbay Harbor, dated May 4, 2019, filed with the Town Clerk,
which map is hereby made part of this Land Use Code.[1] Where uncertainty exists with respect to district boundaries
as shown upon such map the following rules shall apply:
A.Â
Unless otherwise indicated, district boundary lines
are the center line of roads, streets or rights-of-way. The boundary
line for the Shoreland or Stream Protection Districts shall be as
stated with all measurements being horizontal.
B.Â
Where discrepancies exist between a map or guide and
written descriptions of each district, the written description shall
prevail.
C.Â
Where discrepancies exist between physical features
existing on the ground and the Official Map and/or written description,
the Board of Appeals shall interpret the district boundaries.
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
Where, due to the scale, lack of detail or illegibility of the Zoning Map of the Town of Boothbay Harbor, there is any uncertainty, contradiction or conflict as to the intended location of any district boundary line as shown thereon, the Code Enforcement Officer shall make an interpretation of said map upon request of any person. Any party aggrieved by any such interpretation, may take an administrative appeal to the Board of Appeals, pursuant to Article X of this Land Use Code. The Code Enforcement Officer and the Board of Appeals, in interpreting the Zoning Map or deciding such appeal, shall apply the following standards:
A.Â
District boundary lines are intended to follow lot
lines, or be parallel or perpendicular thereto, or to follow along
the center lines of streets, highways, roads, alleys, railroad lines
or watercourses, unless such boundary lines are fixed by dimensions
shown on the Zoning Map.
B.Â
Where district boundary lines are so indicated that
they approximately follow lot lines, such lot lines shall be construed
to be such boundary lines.
C.Â
Where a district boundary line divides a lot, the
location of any such boundary line, unless indicated by dimensions
shown on the Zoning Map or in the written text, shall be determined
by the use of the map scale shown thereon.
D.Â
Boundaries indicated as approximately following Town
limits shall be construed as following Town limits.
E.Â
Boundaries indicated as following shorelines shall
be construed as following such shorelines and, in the event of a natural
change in the shoreline, shall be construed as moving with the actual
shoreline.
F.Â
If, after the application of the foregoing standards,
uncertainty still exists as to the exact location of a district boundary
line, the boundary line shall be determined by consideration of the
history of the uses of the property, the history of zoning ordinances/codes
of the Town of Boothbay Harbor and all other relevant data.
Where a district boundary line divides a lot
or parcel of land of the same ownership of record at the time such
line is established by adoption or amendment of this Land Use Code,
the regulations applicable to the less restricted portion of the lot
may be extended not more than 30 feet into the more restricted portion
of the lot, provided that the lot has frontage in the less restricted
district. All land within the Shoreland District, however, shall comply
with the provisions of the Shoreland Zoning Ordinance of the Town
of Boothbay Harbor.[1]
A.Â
General Residential District. The purpose of the General
Residential District is to continue to provide suitable areas within
the community for the development of the majority of the new dwelling
units over the next 10 years. Historically, these areas have accommodated
single- and multifamily residential uses. The intention of this land
use district is to continue in this fashion, provided that new dwelling
units are compatible with the surrounding land uses and natural resources.
Some low-intensity commercial activity, compatible with residential
uses, will be permitted within this district, such as bed-and-breakfast
uses, neighborhood stores, home occupations, schools, day care and
greenhouses.
B.Â
Special Residential District. The purpose of the Special
Residential District is to preserve the physical, aesthetic and social
qualities of these areas and to protect, encourage and restore the
unhurried, quiet residential neighborhoods, which the areas now enjoy
and to allow public buildings, facilities and marine uses such as
in the McKown Point subdistrict. Special emphasis will be placed on
a strict site plan review process that ensures that new development
activity can satisfactorily meet strict septic design requirements,
demonstrate suitable domestic water supply is available, soils are
suitable for septic systems and that natural resources and scenic
values are not compromised and neighbors are not adversely affected.
C.Â
Downtown Business District. The purpose of the Downtown
Business District is to provide general retail sales, services, public
utilities and business space within the Town of Boothbay Harbor in
locations capable of conveniently servicing community-wide and regional
trade areas and oriented to pedestrian and automobile access, and
to preserve village character.
D.Â
Working Waterfront District. The purpose of the Working Waterfront
District is to reserve a reasonable portion of the Boothbay Harbor
waterfront for traditional water-dependent uses. The intention of
this land use district is to protect traditional commercial water-dependent
uses, such as commercial fishing, boat building, marine service and
repair, etc., from other competing but incompatible uses; to conserve
points of public access to coastal waters; and to give preference
in identified areas to commercial water-dependent uses over recreational
and residential uses.
[Amended 5-3-2019 by ATM
Art. 3]
E.Â
Limited Commercial/Maritime District. The purpose of the Limited
Commercial/Maritime District is to reserve a reasonable portion of
the Boothbay Harbor waterfront for the protection of traditional water-dependent
uses, such as bait suppliers, wholesale and retail lobster and fish
markets, boat launching ramps, marine repair, marinas and similar
marine activities; to allow development of new, compatible non-maritime
uses, such as hotels, restaurants, and similar uses, and the creation
of new opportunities for public waterfront access and conservation
of existing public physical and visual access to coastal waters.
[Added 5-3-2019 by ATM
Art. 3[1]]
F.Â
General Business District. The purpose of the General
Business District is to continue to accommodate compatible commercial,
industrial, institutional and residential development likely to occur
along and in proximity to similar historical development east and
west of Route 27. Traditionally, these areas have served as one of
the primary business areas in Boothbay Harbor. The intention of this
designation is to continue to permit a mix of compatible uses within
these areas.
G.Â
Resource Protection District. The Resource Protection
District refers to the critical natural resource areas in the Town
which, based upon their resource value, should remain essentially
undisturbed. The purpose of this land use classification is to preserve
fragile and significant environmental areas from intrusions which
adversely affect these systems or create threats to public health
and safety.
H.Â
Shoreland District/Stream Protection Overlay District.
The purpose of this overlay is to provide greater protection to resources
located within these areas from development activity, that may not
be afforded by the requirements and standards of the underlying land
use districts. All development activity within the Shoreland and Stream
Protection District overlay area will be developed consistent with
the state's Shoreland Zoning Act requirements through the town's revised
Land Use Code.
A.Â
General Residential District. The General Residential
District is described as all of the land in Boothbay Harbor, excluding
land in the Business Districts, Special Residential Districts, Resource
Protection Districts and Maritime/Water Dependent Districts.
B.Â
Special Residential District.
(1)Â
McKown and Juniper Points: The area included in this
district shall include all lands on McKown and Juniper Points, south
and east of the Old Ferry Road (also called "Carrying Place Cove"
and "the Landing Road") and the property line between Lots 13 and
14 of Map 8 of the 1997 Boothbay Harbor Tax Maps. The McKown and Juniper
Points Subdistrict shall include all publicly owned land on McKown
and Juniper Points made up of lots numbered 8, 9, 19 and 31 on Map
9 of the 1997 Tax Maps of Boothbay Harbor.
(2)Â
West Harbor: All of the area included within the following
perimeter: Beginning at the Southport Bridge, thence running easterly
along the shore of Townsend Gut to a point 200 feet east of the center
line of Route 27, thence following a course parallel to the center
line of Route 27 and 200 feet south and east of Route 27 to the West
Harbor Pond Causeway, thence in a northerly direction along the west
shore of West Harbor Pond to the property line between Lots 14 and
10 (map 25), thence in a westerly direction along said property line
to a point 200 feet east of the center line of Lakeside Drive, thence
in a northerly direction parallel to the center line of Lakeside Drive
and 200 feet east of said center line to a point which is 200 feet
north of the intersection of Samoset Road and Lakeside Drive, thence
in a westerly and northerly direction 200 feet east and north of the
center line of Samoset Road to its intersection with the Boothbay
Harbor Town Line, thence in a westerly direction along the Town line
to the waters of Sheepscot Bay, thence in a southerly direction along
the shores of Sheepscot Bay and Townsend Gut back to the Southport
Bridge and to the point of beginning.
(3)Â
Spruce Point: All the area described/shown on Boothbay
Harbor Tax Maps Nos. 1, 2, 3 and Lot No. 33 of Map No. 6.
(4)Â
Sprucewold: All land of Spruce Point (a) east from
Crest Avenue to Linekin Bay from a point 210 feet south on Lobster
Cove Road to a point 900 feet south of the intersection of Crest Avenue
and Blow Horn Road; (b) west from Crest Avenue a minimum of 450 feet
from a point 170 feet South of Lobster Cove Road to and including
all of the lands registered as Sprucewold, Inc., including the property
of the lands registered as Sprucewold Estates, Inc., which lands abut
Crest Avenue and/or Sunset Road or lie between them, and the area
of land within 250 feet of both sides of Harbor Heights road and Summit
Road between Park Street and Lobster Cove Road.
(5)Â
Appalachee: All the area beginning on Tax Map No.
21, at the intersection of Wall Point Road and Appalachee Road, going
in an easterly direction along the southern property line of Lot No.
74A and Lot No. 74, thence south along the western lot lines of Lots
No. 72 and No. 73, thence east along the southern property line of
Lot No. 73 to the waters of Linekin Bay. Then northerly along the
waters of Linekin Bay onto the area of Tax Map No. 24, continuing
north to the northeast corner of (property line) of Lot No. 2A. Then
west along the property line of Lot No. 2A and Lot No. 2 to the center
line of Lishman Road. Then south along the center line of Lishman
Road crossing back onto Tax Map No. 21 (Appalachee Road) and the northern
tip of Lot No. 55, continuing in a southerly direction along the western
property line of Lot No. 55 to Appalachee Pond and lot 1 of Tax Map
No. 24 and on Map No. 21, thence continuing in a southerly direction
along the eastern property line of Lot No. 1 Map No. 24 (on Map No.
21), Appalachee Pond and the eastern property line of Lot No. 39G,
Map No. 21 and the intersection of the northeastern corner of Lot
No. 41. Thence west along the northern property line of Lot No. 41
to the center line of Appalachee Road. Then southeast following the
center line of Appalachee Road (also referred to as Carter Road) to
the intersection of the western property line of Lot No. 1 on Map
No. 21 continuing south and east along the property lines of Lot No.
1 again intersecting with the center line of Appalachee Road, thence
south along the center line of Appalachee Road to the intersection
of Wall Point Road and the beginning.
C.Â
Downtown Business District. The Downtown Business
District shall consist of three sections and includes all of the area
within the following boundaries:
(1)Â
Section A: Shall be as an overlay of Section B, beginning
at a point at the intersection of McKown Street, Todd Avenue and Howard
Street, then south along the Boothbay Harbor Tax Map No. 15, and continuing
in a southerly direction along said lot line to the westerly property
line of the rights-of-way known as Greenleaf Lane, continuing south
along said property line and south along the westerly property line
of Lot No. 63, crossing Commercial Street, continuing along the westerly
property line of Lot No. 17 to the waters of Boothbay Harbor; thence
in an easterly direction along the waters of the harbor to the intersection
of the easterly property line of Lot No. 83 of Tax Map No. 20; thence
in a northwesterly direction along the northern property lines of
Lots No. 83 and No. 82, crossing Townsend Avenue, continuing along
the northern property lines of lots described as Map No. 19, Lot Nos.
148, 147, 146 and 145 to the center line of Oak Street; then south
along the center line of Oak Street to its intersection with Howard
Street, then in a westerly direction along the center line of Howard
Street back to its point of beginning
[Amended 5-6-2023 ATM by Art. 20]
(2)Â
Section B: Beginning on the south side of Union Street
at the southerly corner of property line of Boothbay Harbor Tax Map
No. 20 Lot No. 68; thence in an easterly direction along the southerly
property line of said lot to the center line of Union Street; thence
in a north and northwesterly direction along the center line of Union
Street to its intersection of Oak Street; thence in a southwesterly
direction along the center line of Oak Street to its intersection
of Howard Street; thence in a westerly direction along the center
line of Howard Street to its intersection with Sea Street and continuing
along the center line of Sea Street and along the northern property
line of Lot No. 47 of Map No. 15 and to the waters of Mill Cove; thence
west and south along the waters of Mill Cove to the intersection with
the northern property line of Lot No. 36; thence easterly along the
northern property line of said lot and continuing along the northern
property line of the rights-of-way around Lot Nos. 39, 38, 37, 40,
41; thence in a southerly direction along the eastern property lines
of Lot Nos. 37 and 42, to the center line of Commercial Street; thence
in an easterly direction along the center line of Commercial Street
to the intersection with the western property line of Lot No. 23,
following said property line in a southerly direction to the waters
of the harbor; thence westerly, south and northeast along the water
to its point of beginning. This shall also include the structure known
as the "Footbridge" and the "Footbridge House."
(3)Â
Section C: Shall be the two areas added to the Downtown
Business District in March of 1991:
(a)Â
The northeasterly section shall be all the area
enclosed by the following description: Beginning at the center line
of the intersection of Union Street and Gilead Street; thence northerly
along the center line of Gilead Street to the intersection of the
northern property line of Lot No. 128 of Boothbay Harbor Tax Map No.
20; thence northwest along the northern property line of Lot No. 128
to the intersection with the eastern property line of Lot No. 126;
thence in a northeast direction along the eastern property line of
said lot to its intersection with the northern property line of Lot
No. 126 and continuing northwest, crossing Pear Street to the northern
property line of Lot No. 120; thence continuing along the northern
property line of Lot No. 120 to its intersection with Lot No. 118
easterly property line; thence north along said easterly property
line to the northern property line of Lot No. 117; thence west along
the northern property line of Lot No. 117 to the center line of Townsend
Avenue; thence in a northerly direction along the center line of Townsend
Avenue to its intersection with the center line of Oak Street; thence
in a southwesterly direction along the center line of Oak Street to
its intersection with Union Street; thence in a southeasterly direction
along the center line of Union Street to its beginning.
(b)Â
The second section of C, known as the southern
section, shall be as follows: Beginning at the center line of Oak
Street and the northerly property line of Lot No. 8 of Boothbay Harbor
Tax Map No. 19; thence in a west, northwesterly direction along said
property line to its intersection with the eastern property line of
Lot No. 14; thence in a southerly direction along the western property
line of Lot No. 8 to its intersection with the northerly properly
line of Lot No. 3; thence in a northwesterly direction along the northern
property line of Lot No. 3 and Lot No. 18 to the center line of Howard
Street; thence in a south, southeasterly direction along the center
line of Howard Street to its intersection with Oak Street; thence
in a northerly direction along the center line of Oak Street to its
beginning.
D.Â
The Limited Commercial/Maritime Districts.
[Amended 5-6-2002 by ATM
Art. 20; 5-3-2019 by ATM Art. 3]
(1)Â
The Limited Commercial/Maritime District shall be described as all
of the area included within the following perimeter: Beginning at
the eastern end of the footbridge and continuing in an easterly direction
along the footbridge rights-of-way until it intersects Atlantic Avenue;
thence south along the center line of Atlantic Avenue to a point between
Lot No. 30 and No. 32 of Tax Map No. 10, dated April 1, 2013; thence
along said property line to the water; thence generally northerly
direction along the water's edge to the point of beginning.
(2)Â
Exemption: Lots 19, 20, 21, 22, 22A, and 23 on the Town's Tax Map
16, dated April 1, 2013, are not included in the Limited Commercial/Maritime
District.
E.Â
The Working Waterfront District. The Working Waterfront District
shall be comprised of Lots 19, 20, 21, 22, 22A and 23 on the Town's
Tax Map 16, dated April 1, 2013.
[Added 5-3-2019 by ATM
Art. 3[1]]
F.Â
General Business District. The General Business District
shall be described as all of the area included within the following
perimeter: Beginning at the northeast corner of Lot No. No. 27, Map
No. 22, of the Boothbay Harbor Tax Maps and proceeding in a westerly
direction along the northern boundary of said Lot No. 27; thence in
a straight line across to the northeast corner of Lot No. 26 of Map
No. 22; thence south along the east line of Lot No. 26 to the center
line of Eastern Avenue; thence westerly along the center line of Eastern
Avenue to the intersection of Townsend Avenue (Route 27); then south
along the center line of Townsend Avenue to the southern property
line of Lot No. 11; thence in a westerly direction along the southern
boundary line of Lot No. 11 to the southwest corner thereof; thence
northerly along the west property line to the northeast corner of
Lot No. 37B, Tax Map No. 26; thence in a westerly direction to a point
1,000 feet from the center line of Townsend Avenue; thence proceeding
in a straight line in a generally northerly direction to the intersection
of Lakeside Drive and Middle Road; thence northerly along the center
line of Lakeside Drive until it intersects with the Boothbay Town
Line; thence in a generally easterly direction along said Boothbay
Town Line crossing Townsend Avenue (Route 27) and continuing along
said line until it intersects with the northeast property line of
Lot No. 6, Tax Map 31; thence in a southerly direction along the eastern
property line of said lot to the center line of Route 96; thence in
a southwesterly direction along the center line of Route 96 to a point
100+/- feet west of the intersection of Route 96 and Montgomery Road
on Tax Map No. 22 and in line with the west property line of Lot No.
34; thence in a southerly direction following the west property lines
of Lot Nos. 34, 33, 32, 31, 30, 29 and 28 to the point of beginning.
G.Â
Resource Protection District. The Resource Protection
District includes areas in which development would adversely affect
water quality, productive habitat, areas of significant wildlife habitat,
biological ecosystems or scenic and natural values. This district
shall include but not be limited to the following areas, exclusive
of the Stream Protection District, except that areas which are currently
developed and areas which meet the criteria for the Limited Commercial,
General Development or Commercial Fisheries/Maritime Activities Districts
need not be designated for resource protection.
(1)Â
Areas within 250 feet, horizontal distance, of the
upland edge of freshwater wetlands, salt marshes and salt meadows
and wetlands associated with great ponds, rivers and streams which
are rated moderate or high value by the Maine Department of Inland
Fisheries and Wildlife (MDIF&W) as of January 1, 1973.
(2)Â
Floodplains along rivers defined by the one-hundred-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. This district shall also include V zones
adjacent to tidal waters as shown on FEMA's Flood Insurance Rate Maps
or Flood Hazard Boundary Maps.
(3)Â
Areas of two or more contiguous acres with sustained
slopes of 20% or greater.
(4)Â
Areas of two or more contiguous acres supporting wetland
vegetation and hydric soils which are not part of a freshwater or
coastal wetland, as defined, and which are not surficially connected
to a water body during normal spring high water.
(5)Â
Land areas along rivers subject to severe bank erosion,
undercutting or river bed movement and lands adjacent to tidal waters,
such as step coastal bluffs which are subject to severe erosion or
mass movement.
(6)Â
This district may also include the following other
areas which have been recommended for protection in the Comprehensive
Plan of the municipality:
H.Â
Shoreland Zoning and Stream Protection District (see Article VIII). This District applies to all land areas within 250 feet, horizontal distance, of the high-water line of any great ponds, river or saltwater body; within 250 feet, horizontal distance, of the upland edge of a coastal or freshwater wetland; and within 25 feet, horizontal distance, of the high-water line of a stream and all other wetlands. This District also applies to any structure built on, in or over the water or wetland or on, over or abutting a dock, wharf or pier, float or other structure extending beyond the high-water line of a water body or within a wetland within the limits of Boothbay Harbor.
[Amended 5-1-2006 by ATM Art. 82]
A.Â
B.Â
Symbols used in Schedule of Uses. The following symbols
contained in the Schedule of Uses have the following meanings:
(1)Â
District symbols:
[Amended 5-1-2006 by ATM Art. 83; 5-3-2019 by ATM Art.
3]
GR
|
General Residential District
|
SR
|
Special Residential District
|
DB
|
Downtown Business District
|
WW
|
Working Waterfront District
|
LC/M
|
Limited Commercial/Maritime District
|
GB
|
General Business District
|
RP
|
Resource Protection District
|
(2)Â
Permit-required symbols:
[Amended 5-3-2008 by ATM Art. 80; 5-3-2019 by ATM Art. 3]
Y
|
Ues allowed without a permit
|
C
|
Uses requiring a building permit or other type
of permit from the Code Enforcement Officer
|
P
|
Conditional uses and requiring site plan review approval from the Planning Board in accordance with the requirements of Article V of this Land Use Code
|
1,2, etc.
|
Numbers adjacent to letter symbols refer to
notes at the end of the Schedule of Uses which contain additional
requirements.
|
Blank
|
Not permitted
|
*
|
Boathouses that are having more than 50% of the structure repaired
are not allowed.
|
C.Â
Uses which are not listed in the Schedule of Uses.
(1)Â
Proposed uses which are not listed in the Schedule
of Uses shall be subject to the following:
(a)Â
If such proposed uses are similar to uses requiring
a Code Enforcement Officer permit, as determined by the Code Enforcement
Officer, they may be permitted by the Code Enforcement Officer.
(b)Â
If such proposed uses are similar to uses requiring
site plan review and approval of the Planning Board, as determined
by the Planning Board, they may be permitted by the Planning Board
under the site plan review provisions of this Land Use Code.
(c)Â
If such proposed uses are similar to prohibited
uses, as determined by the Code Enforcement Officer, such uses shall
be prohibited.
(2)Â
In determining similarity of uses, the Code Enforcement
Officer or Planning Board, as applicable, shall consider the following
factors: size and appearance, impact on abutting properties, scale
of operations, traffic, environmental impacts, the purposes of the
district and compliance with the provisions of all Town codes and
ordinances. In no case shall this provision be used to permit a prohibited
use or to permit a use which does not comply with all dimensional
requirements and performance standards of this Land Use Code.
D.Â
Compliance with performance standards. All uses which are permitted must occur and be maintained in compliance with the applicable requirements of the performance standards listed in Article IV.
E.Â
Schedule of Uses.
[Amended 5-1-2000 by ATM Art. 40; 5-1-2000 by ATM Art.
41; 5-5-2003 by
ATM Art. 20; 5-3-2004 by ATM Art. 73; 5-8-2010 by ATM Art. 68; 5-6-2011 by ATM Art. 26; 5-6-2011 by ATM Art. 27; 5-3-2019 by ATM Art. 3; 6-20-2020 ATM by Art. 20; 6-20-2022 by ATM Art. 28; 6-20-2022 by ATM Art. 30]
GR
|
SR
|
DB10
|
LC/M
|
WW
|
GB
|
RP
| |
---|---|---|---|---|---|---|---|
Open Space Uses
| |||||||
Accessory use or structure
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
Agriculture
|
P
|
P
|
P
| ||||
Animal husbandry13
|
P
|
P
| |||||
Individual private campsites
|
Y
|
C
|
Y
|
P
| |||
Earthmoving activities of less than 100 cubic
yards but greater than 10 cubic yards
|
C
|
P
|
P
|
C
|
P
|
Y
|
P
|
Earthmoving activities of more than 100 cubic
yards
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
Farm uses and structures
|
C
|
P
| |||||
Outdoor conservation and recreational uses not
operated for profit
|
P
|
P
|
P
|
P
|
P
|
P
| |
Forest management, except timber harvesting
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Y
|
Roads, driveways and parking areas
|
Y
|
Y
|
Y
|
Y
|
Y18
|
Y
|
P
|
  Nonresidential
|
P
|
P
|
C
|
P
|
P
|
P
|
P
|
Timber harvesting
|
Y
|
C
|
C
|
P
| |||
Fire prevention activities
|
Y
|
C
|
Y
|
Y
|
Y
|
Y
|
P
|
Wildlife management practices
|
P
|
P
|
P
|
GR
|
SR
|
DB10
|
LC/M
|
WW
|
GB
|
RP
| |
---|---|---|---|---|---|---|---|
Water-Oriented Uses
| |||||||
Accessory uses or structures
|
C
|
P
|
C
|
C
|
C
| ||
Aquaculture uses. No processing or storage
|
P
|
P
|
P
|
C
|
P
| ||
Aquaculture products, processing, warehousing,
sales (retail and wholesale)
|
P
|
P
| |||||
Boat building and repair, commercial operations-
|
P
|
P
|
P
|
C
| |||
Boathouses
|
C
|
C
|
C
|
C
|
C
|
C
| |
Breakwaters and causeways
|
P
|
P
|
P
|
P
|
P
|
P
| |
Marinas
|
P
|
P
|
P
| ||||
Marina expansion
|
P12
|
P
|
P
|
P
| |||
Piers, docks and wharves
|
C16
|
C
|
C16
|
C17
|
C17
|
C
| |
Seafood products, processing, warehousing, sales
(retail and wholesale)
|
P
|
P
| |||||
Tour or charter boat operations
|
C
|
C
|
C
|
C
|
GR
|
SR
|
DB10
|
LC/M
|
WW
|
GB
|
RP
| |
---|---|---|---|---|---|---|---|
Residential Uses
| |||||||
Accessory structure
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
Residential association uses or structures
|
C
|
P
|
C
|
P
|
C
| ||
Boardinghouses
|
C
|
C
|
C
|
C
| |||
Duplexes
|
C
|
C
|
P
|
C
| |||
Home occupations
|
P
|
C
|
C
|
C
| |||
Manufactured housing exclusive of mobile homes
(modular)
|
C
|
C
|
C
|
P
|
C
| ||
Mobile homes
|
C
|
C
| |||||
Mobile home parks
|
P2
|
P
| |||||
Multifamily dwellings
|
P1
|
P
| |||||
Planned unit/cluster developments
|
P
|
P
| |||||
Single-family dwellings
|
C
|
C
|
C
|
P
|
C
|
P
|
GR
|
SR
|
DB10
|
LC/M
|
WW
|
GB
|
RP
| |
---|---|---|---|---|---|---|---|
Commercial Uses
| |||||||
Accessory uses or structures
|
P
|
C
|
C
|
P
|
C
| ||
Adult business establishment and adult entertainment
|
P
| ||||||
Auction barns
|
C
|
C
| |||||
Automotive body shops
|
P
|
P
| |||||
Automobile repair service shops
|
P
|
P
|
P
| ||||
Automobile sales
|
P
|
P
| |||||
Banks and financial institutions
|
C
|
C
| |||||
Bed-and-breakfasts
|
P
|
P
|
P
|
C
| |||
Camping and tenting areas
|
P
| ||||||
Child-care facilities
|
P
|
C
| |||||
Commercial farms, gardens, nurseries and greenhouses
|
P
|
P
|
C
| ||||
Commercial gymnasiums, fitness centers
|
P
|
P
|
P
| ||||
Funeral homes
|
P
|
C
|
C
| ||||
Gasoline service stations
|
P
|
P
| |||||
Commercial kennels
|
P
| ||||||
Laundromats, dry cleaning
|
C
|
C
| |||||
Lumber yards
|
C
| ||||||
Micro-breweries
|
P
|
P
|
P
| ||||
Mobile food vendors
|
P19
|
P19
| |||||
Motels, hotels, inns
|
P4
|
P
|
C
| ||||
Neighborhood grocery stores
|
P
|
C
|
P
|
C
| |||
Outdoor recreational uses operated for profit
|
P
|
P8
| |||||
Parking areas/lots
|
P
|
P
|
C
|
P
|
P
|
P
| |
Parking facilities
|
P
|
C
|
C
| ||||
Printing facilities11
|
P11
| ||||||
Professional uses
|
P
|
C
|
C
|
C
| |||
Recreation facilities (indoor)
|
P
|
P
|
P
| ||||
Resort areas
|
P
|
P
| |||||
Restaurants
|
P
|
P
|
C
| ||||
Retail establishments
|
C5
|
P
|
C5
| ||||
Service establishments
|
C5
|
P
|
C5
| ||||
Shopping centers
|
P
| ||||||
Theaters
|
P7
|
P7
| |||||
Veterinary clinics
|
P13
|
P13
|
P
| ||||
Wholesale establishments
|
C5
|
C5
| |||||
Wireless communications facilities
|
C
|
C
| |||||
Wireless communications towers
|
P
|
GR
|
SR
|
DB10
|
LC/M
|
WW
|
GB
|
RP
| |
---|---|---|---|---|---|---|---|
Industrial Uses
| |||||||
Accessory uses and structures
|
C
|
C
|
C
| ||||
Automobile graveyards and junkyards
|
P
| ||||||
Firewood processing
|
P
| ||||||
Fuel storage
|
P
| ||||||
Light industry
|
P6
|
P8
| |||||
Recycling facilities
|
P14
| ||||||
Redemption facilities
|
P
|
C
| |||||
Warehousing
|
P
|
GR
|
SR
|
DB10
|
LC/M
|
WW
|
GB
|
RP
| |
---|---|---|---|---|---|---|---|
Institutional and Public Uses
| |||||||
Accessory uses and structures
|
C
|
C
|
C
|
C
|
P
|
C
| |
Art gallery, museum, or library
|
P
|
P
|
P
|
P
| |||
Cemeteries
|
P
|
P
| |||||
Churches
|
C
|
C
|
C
| ||||
Community service organizations
|
C
|
C
|
C
|
C
| |||
Health clinics (do not include marijuana or
methadone clinics or dispensaries)
|
P
|
P
|
P
| ||||
Hospice
|
P
|
P
|
P
| ||||
Hospital
|
P
|
P
|
P
| ||||
Marijuana or methadone clinics or dispensaries
|
P
| ||||||
Municipal, county, state and federal uses and
structures not otherwise listed
|
P3
|
C
|
C
|
C
|
C
| ||
Nursing homes
|
P
|
P
|
P
| ||||
Private schools
|
P
|
C
| |||||
Public recreation
|
P
|
P
|
C
|
C
|
P
|
P9
| |
Public school
|
P
|
C
| |||||
Social and fraternal organizations
|
C
|
C
|
C
|
C
| |||
Yacht clubs (private and nonprofit)
|
P
|
C
|
GR
|
SR
|
DB10
|
LC/M
|
WW
|
GB
|
RP
| |
---|---|---|---|---|---|---|---|
Other Uses
| |||||||
Public utilities, uses and buildings
|
P
|
P
|
P
|
P
|
P
| ||
Public utility lines and substations
|
C
|
P
|
C
|
C
|
C
|
C
|
P
|
Notes to Schedule of Uses:
| |||||||||
---|---|---|---|---|---|---|---|---|---|
1 Except within 500
feet of the high-water mark and in areas zoned Resource Protection.
| |||||||||
2 Only in areas set forth in Article IV.
| |||||||||
3 In the McKown and
Juniper Points Subdistrict only.
| |||||||||
4 The construction,
operation or use of land and structures known as the "Spruce Point
Inn" Map No. 1, Lot No. 17, and the multifamily development project
known as "Spruce Point Ocean Houses," Map No. 1, Lot No. 17A, of the
1990 Tax Maps, only.
| |||||||||
5 Except those listed
as requiring site plan review.
| |||||||||
6 Only industrial
uses which are functionally water-dependent, except sea products processing.
| |||||||||
7 Except drive-in
theaters.
| |||||||||
8 North of Routes
27-96 intersection.
| |||||||||
9 Provided that such
facilities are nonstructural.
| |||||||||
10 In the Downtown
Business District, the following uses shall not be permitted:
| |||||||||
A.
|
Within 75 feet of the normal high-water mark,
the conversion of an existing building to a hotel of any size or the
expansion of a nonconforming use.
| ||||||||
B.
|
The projection of second-floor overhangs into
required setbacks.
| ||||||||
C.
|
The expansion or construction of structures
constructed out over the water that are not marine-related.
| ||||||||
11 Does not include
businesses offering photocopy/computer services, which are covered
under service establishments.
| |||||||||
12 Provision restricted
to Blake's Marina.
| |||||||||
13 No outside facilities.[1]
| |||||||||
14 Meeting the definition
of light industry.
| |||||||||
15 (Reserved)
| |||||||||
16 See § 170-101B(7),
Shoreline zoning, for size and height standards.
| |||||||||
17 First requires Selectboard approval
under the Wharves and Weirs Act.
| |||||||||
18 Functionally water-dependent uses
and uses accessory to such water-dependent uses only.
| |||||||||
19 A mobile food vendor is defined
as a seller of food, beverages or other items intended for immediate
human consumption from a mobile van, truck, cart, or other conveyance.
Each such mobile van, truck, cart, or other conveyance requires approval
as a separate use.
|
[Amended 8-6-2001 by STM Art. 2; 5-6-2002
by ATM Art. 20; 5-2-2005 by ATM Art. 78; 6-13-2007 by STM Art. 22;
6-13-2007 by STM Art. 24; 5-2-2009 by ATM Art. 90; 5-8-2010 by ATM
Art. 69; 5-6-2011 by ATM Art. 28; 5-3-2013 by ATM Art. 31; 5-3-2013
by ATM Art. 32; 5-5-2018 by ATM Art. 25; 5-3-2019 by ATM Art. 3; 6-20-2022 by ATM Art. 27]
GR
|
SR
|
DB
|
WW and LC/M
|
GB
|
RP
| ||
---|---|---|---|---|---|---|---|
Minimum Land Area per Dwelling Unit or
Use
(square feet)
| |||||||
With Town water and sewerH, K
|
10,000
|
10,000
|
Resident- ial 10,000
All other 2,000
|
10,000
|
Residential 10,000
All other 40,000
|
4 acres
| |
With Town water unsewered
|
20,000
|
20,000
|
Residential 20,000
All other 40,000
|
4 acres
| |||
No Town water, unsewered
|
Multi-
family 20,000
All other 40,000
|
40,000
|
Multi-
family 20,000
All other 40,000
|
4 acres
| |||
Minimum Street Frontage (feet)
|
50
|
50
|
50
|
50
|
50
|
100
| |
Minimum Setbacks from Center Line of Public
Road or Center of Right-of-Way 25 Feet in Width or Greater
| |||||||
With Town water and sewerH
|
30
|
30
| |||||
With Town water, unsewered
|
60
|
60
| |||||
No Town water, unsewered
|
60
|
60
| |||||
Residential
|
30A
|
30A
|
S. of 27/96 30B N.
of 27/96 300B
| ||||
Com-
mercial
|
25A
|
25A
|
60A,B
| ||||
All other
|
30A
|
25A
|
60A
|
GR
|
SR
|
DB
|
WW and LC/M
|
GB
|
RP
| ||
---|---|---|---|---|---|---|---|
Minimum Side YardI and Rear Yard Setback or the Center Line of Rights-of-Way Less Than
25 Feet in Width, Whichever is Greater (feet)
|
G
| ||||||
With Town water and sewer
|
15C,H,J
|
15D,H,J
| |||||
With Town water, unsewered
|
25C,J
|
25D,J
| |||||
No Town water, unsewered
|
25C,J
|
25D,J
| |||||
Residential
|
15J
|
15J
|
25D,F,J
| ||||
Com-
mercial
|
10E,J
|
10J
|
10D,J
| ||||
All other
|
15J
|
10J
|
10D,J
|
Notes to Schedule of Dimensional Requirements:
| |
---|---|
A
|
Plus the width of any sidewalk.
|
B
|
The minimum residential setback on Route 27,
south of the Routes 27/96 intersection is 30 feet; the minimum residential
setback on Route 27, north of the Routes 27/96 intersection is 300
feet. The minimum commercial setback on Route 27, south of the Routes
27/96 intersection is 40 feet. The minimum commercial setback on Route
27, north of the Routes 27/96 intersection, is 60 feet.
|
C
|
Existing structures made nonconforming to the
side and rear yard setbacks by the adoption or amendment or an ordinance
may continue construction at the existing setback, provided that the
new construction does not decrease the existing setback.
|
D
|
Side and rear yard setbacks shall be either
the dimensional requirements shown above or the height of the building,
whichever is greater.
|
E
|
In Subsection A(1) only, the side or rear yard
setback requirement may be relaxed through a site plan review permit,
provided that this relaxation is accompanied by the complete (throughout
the entire structure) installation of a state-approved sprinkler system
and state-approved minimum one-hour complete firewall on the affected
setbacks.
|
F
|
Fifteen feet with Town water and sewer.
|
G
|
Minimum side and rear yards. There shall be
a minimum of 100 feet between principal structures. This applies to
any building on the same lot or adjoining lots.
|
H
|
Does not apply to the McKown and Juniper Point
Special Residential Districts.
|
I
|
The side and rear yard setback shall not be
applicable to common docks where the application is made by both abutters.
|
J
|
The side yard setback shall not apply to residential
docks or piers of four feet in width or less.
|
K
|
The minimum lot size along the eastern side of Sprucewold and the West Harbor Special Residential District shall not be reduced by the installation of Town water or Town sewer. The minimum land area shall remain 40,000 square feet. The eastern side of Sprucewold shall be the area along the eastern side of Crest Avenue from the intersection of Lobster Cove Road to the intersection of Blow Horn Road and Crest Avenue. The West Harbor Special Residential District shall be as defined in § 170-26B(2) of the Boothbay Harbor Land Use Code.
|