This chapter shall be titled "Town of Islesboro Land Use Ordinance."
The purposes of this chapter 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 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; to anticipate and respond to the impacts of
development in all areas; to preserve the Town's character; and to
prevent offensive use of land.
This chapter has been prepared in accordance with the following
provisions of the Maine Revised Statutes Annotated: Title 30-A, § 3001
(Home Rule Powers); Title 30-A, § 4352 (Land Use Regulation);
and Title 38, §§ 435 to 449 (Mandatory Shoreland Zoning)
and §§ 480-A to 480-U (Natural Resources Protection
Act).
A certified copy of this chapter shall be filed with the Town
Clerk and shall be accessible to any member of the public. Copies
shall be made available to the public at the Town Office at reasonable
cost at the expense of the person making the request. Notice of availability
of this chapter shall be posted.
[Amended 6-6-2012]
Whenever a provision of this chapter conflicts with or is inconsistent
with another provision of the chapter or of any other ordinance, regulation
or statute, the more restrictive provision as determined by the Planning
Board shall control.
This chapter may be amended by majority vote of the legislative
body as provided by law. Copies of amendments, attested and signed
by the Town Clerk, shall be submitted to the Commissioner of the Department
of Environmental Protection following adoption by the Town legislative
body and shall not be effective unless approved by the Commissioner.
If the Commissioner fails to act on any amendment within 45 days of
the Department's receipt of the amendment, the amendment is automatically
approved. Any application for a permit submitted to the Town within
the forty-five-day period shall be governed by the terms of the amendment,
if such amendment is approved by the Commissioner.
Unless otherwise set forth on the Protection Districts Map or
in this chapter, district boundary lines are property lines, the center
lines of the paved or traveled portion of streets and roads and the
center lines of rights-of-way, and the boundaries of the Protection
Sector as defined herein. The depiction of districts on the Protection
Districts Map is merely illustrative of their general location. The
boundaries of the districts shall be determined by measurement of
the distance on the ground from the normal high-water line or the
upland edge of wetland vegetation, regardless of the location of the
boundary shown on the map. Where uncertainty exists as to the exact
location of district boundary lines, the Board of Appeals shall be
the final authority as to location.