For the purpose of this chapter, the Town of Islesboro is divided into districts. These districts, outlined below, are shown on the Protection Districts Map titled "Town of Islesboro Protection Districts Map," signed by the Board of Selectmen, Town of Islesboro; this map is on file at the Town Office. This map which may be amended from time to time, in the same manner as this chapter, is made a part of this chapter and is hereby incorporated by reference. As noted in §
125-10 of this chapter the depiction of districts on this map is merely illustrative of their general location.
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Resource Protection District
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Limited Development District
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Meadow Pond District
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Shoreland Protection District
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Maritime Activities District
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Rural Protection District
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Except in an area designated as a Sensitive Area on the Protection Districts Map, any area of land located within a Resource Protection District which contains soils and slopes suitable for a single-family structure as determined by a state-certified professional as defined in §
125-57B of this chapter shall be subject to the provisions of this chapter governing the Limited Development District, provided that the applicant demonstrates that all of the following conditions are met:
A. There is no location on the property, other than a location within
the Resource Protection District, where the structure can be built.
B. The lot on which the structure is proposed is undeveloped and was
established and recorded in the Waldo County Registry of Deeds before
the adoption of the Resource Protection District.
C. The proposed location of all buildings, sewage disposal systems and
other improvements is:
(1) Located on natural ground slopes of less than 20%; and
(2) Located outside the velocity zone, in areas subject to tides, of
the floodplain as delineated on FEMA's Flood Insurance Rate Maps.
D. The total combined ground floor area of all principal and accessory
structures is limited to a maximum of 1,500 square feet.
E. All structures, except functionally water-dependent structures, are
set back from the normal high-water line or upland edge of a wetland
to the greatest practical extent, but not less than 75 feet. In considering
the greatest practical extent, the Planning Board shall consider the
depth of the lot, the slope of the land, the potential for soil erosion,
the type and amount of vegetation to be removed, and the proposed
building site's elevation in regard to the floodplain.
The Limited Development District includes those areas within the Protection Sector of a saltwater body or a coastal or a freshwater wetland which may require that development be limited to protect water quality, productive marine, fish, and wildlife habitats or intertidal ecological environments, but are considered less critical in this respect than those areas qualifying for the Resource Protection District. Such areas may already be developed, i.e., they contain at least two principal structures per 1,000 feet of shoreline or wetland boundary and are considered suitable for single- or two-family residential use or for nonintensive recreational use. Those areas classified "B" on pages 24 and 25 of the Penobscot Bay Conservation Plan referred to in §
125-23 above and those areas beginning at the upland edge of the salt marsh and estuarine systems of Turtle Head Cove, Ryder Cove, The Narrows, and Mill Creek, identified on pages 51 and 52 of the 1994 Islesboro Comprehensive Plan as having critically important ecological value, shall be included in the Limited Development District.
The Meadow Pond District is a unique district comprised of the
Protection Sector surrounding the Meadow Pond and any wetlands connected
to the Meadow Pond surficially during normal spring high water.
The Shoreland Protection District shall include those areas
of the Protection Sectors of any saltwater body or coastal or freshwater
wetlands, as defined herein, which are not in another district.
The Maritime Activities District includes those areas within
the Protection Sector of a saltwater body where the existing predominant
pattern of development is functionally water dependent, including,
but not limited to, commercial fishing, ferry services, boat repair
yards, yacht clubs, and boat launching and hauling areas. Permitted
uses in this district are accessory to the principal water-dependent
uses.
A. The following are included in the Maritime Activities District:
(1) Grindle Point. That portion of the Protection Sector bordering the
northern entrance of Gilkey Harbor owned by the Town of Islesboro
and the State of Maine.
(2) Dark Harbor Boat Yard. That portion of the Protection Sector on 700
Acre Island bordering Gilkey Harbor designated as Map 8, Lot 3, Tax
Maps of the Town of Islesboro as of the April 1, 2017 assessment date
and on file at the Assessor's Office.
[Amended 4-27-2019]
(3) Pendleton Yacht Yard. That portion of the Protection Sector bordering
Ames Cove designated as Map 38, Lot 5A, Tax Maps of the Town of Islesboro
as of the April 1, 2017 assessment date and on file at the Assessor’s
Office.
[Amended 4-27-2019]
(4) Islesboro Marine Enterprises. That portion of the Protection Sector
bordering Marshall Cove, at the terminus of Camp Road appearing on
Map 31 on the Tax Maps of the Town of Islesboro as of the April 1,
2017 assessment date and on file at the Assessor’s Office.
[Amended 4-27-2019]
(5) Tarratine Yacht Club. That portion of the Protection Sector bordering
the southeast side of Ames Cove designated as Map 11, Lot 35, Tax
Maps of the Town of Islesboro as of the April 1, 2017 assessment date
and on file at the Assessor’s Office.
[Amended 4-27-2019]
(6) Pripet Wharf. That portion of the Protection Sector bordering the
old Town Pier (Pripet Wharf) and designated as Map 36, Lot 19A, Tax
Maps of the Town of Islesboro as of the April 1, 2017 assessment date
and on file at the Assessor’s Office.
[Amended 4-27-2019]
(7) Seal Harbor. That portion of the Protection Sector north of property
owned by Randlett and east of the Harbor designated as Map 22, Lot
3, Tax Maps of the Town of Islesboro as of the April 1, 2017 assessment
date and on file at the Assessor’s Office.
[Amended 4-27-2019]
B. When maritime activities or uses are discontinued in any area designated
as a Maritime Activities District for a period of greater than one
year, that area shall be designated as a Shoreland Protection District
and shall be subject to the provisions of that district alone.
C. Application to have an area designated as a Marine Activities District
may be made to the Planning Board. The Planning Board shall take into
consideration the following factors before recommending to a Town
Meeting an area to be changed from a Shoreland Protection District
to a Maritime Activities Area:
(1) Shelter from prevailing wind and waves;
(2) Slope of the land within the Protection Sector;
(3) Depth of the water within 150 feet, horizontal distance, offshore
from the normal high-water line;
(4) Availability of support facilities, including utilities, transportation
facilities, and parking facilities; and
(5) Compatibility with adjacent upland uses.
D. Upon recommendation of the Planning Board to change the district
to a Maritime Activities District, the Board of Selectmen shall call
a Town Meeting for that purpose in the manner used to amend ordinances.
The Rural Protection District shall be all areas of land in
the Town of Islesboro not in any Protection Sector or other district.
The Table of Land Uses lists the permitted and prohibited uses and activities in each district. The table specifies whether the application for a permit should be submitted to the Codes Enforcement Officer or to the Planning Board. Uses, structures, or facilities that are permitted within a district that are commercial, industrial, municipal, institutional, utility, fraternal, or public recreation require a permit from the Planning Board under the provisions of Chapter
45, Development Review.
A person performing any of the following activities shall require
a permit from the Department of Environmental Protection, pursuant
to the Natural Resources Protection Act, 38 M.R.S.A. § 480-C,
if the activity occurs in, on, over or adjacent to any freshwater
wetland, forested wetland, or coastal wetland, stream or brook, or
the Meadow Pond and operates in such a manner that material or soil
may be washed into them:
A. Dredging, bulldozing, removing or displacing soil, sand, vegetation
and other materials;
B. Draining or other dewatering;
C. Filling, including adding sand and other material to sand dune; or
D. Any construction or alteration of any permanent structure.
The following shall apply to all districts in the Town of Islesboro:
A. Except as otherwise permitted in this chapter, no building, structure,
or facility of any kind shall be located closer than 100 feet, horizontal
distance, to the normal high-water line of the Meadow Pond; 75 feet,
horizontal distance, to the upland edge of a nonforested wetland or
to the normal high-water line of any body of water (other than the
Meadow Pond); 75 feet, horizontal distance, to the normal high-water
line of a stream or tributary stream; 75 feet horizontal distance,
to the top of the bank of such body of water or stream where the bank
is six feet or more, vertical distance, above the shore or the top
of the stream, unless a land surveyor registered by the State of Maine
or a certified civil engineer shall indicate by stakes set on the
land the 75 feet horizontal distance from the normal high-water line.
[Amended 6-6-2012]
(1) This section shall not apply to structures or facilities which require
direct access to the water as an operational necessity, such as piers,
docks, or retaining walls, nor to principal and accessory structures
in the Maritime Activities District for which there shall be no minimum
setback from the normal high-water line.
(2) For principal structures, water and wetland setback measurements
shall be taken from the top of a coastal bluff that has been identified
on coastal bluff maps as being "highly unstable" or "unstable" by
the Maine Geological Survey pursuant to its "Classification of Coastal
Bluffs" and published on the most recent coastal bluff map. If the
applicant and the permitting officials are in disagreement as to the
specific location of a "highly unstable" or "unstable" bluff, or where
the top of the bluff is located, the applicant may at his or her expense
employ a Maine registered professional engineer, a Maine certified
soil scientist, a Maine state geologist, or other qualified individual
to make a determination. If agreement is still not reached, the applicant
may appeal the matter to the Board of Appeals.
(3) Notwithstanding the requirements stated above, stairways or similar
structures shall be allowed with a permit from the Codes Enforcement
Officer, to provide shoreline access in areas of steep slopes or unstable
soils, provided that:
(a)
The structure is limited to a maximum of four feet in width;
(b)
The structure does not extend below or over the normal high-water
line of a water body or the upland edge of a wetland; and
(c)
The applicant demonstrates that no reasonable access alternative
exists on the property.
B. Except as otherwise permitted by this chapter, no building, structure,
or facility of any kind shall be built or located closer than 50 feet
to the center of the travel portion of a state or Town road, approved
subdivision road, private road, or other road.
C. Lot lines; sewage disposal systems; burial sites.
(1) No building, structure, or facility of any kind shall be built or
located within 15 feet of any lot line, except that common driveways
serving no more than four abutting lots may be permitted closer than
15 feet to a lot line, provided that an easement is filed with the
Waldo County Register of Deeds by the property owner or owners on
whose land the driveway is to be constructed. Turnoff from such driveways
shall be no closer than 50 feet to the edge of the travel portion
of the road. The Planning Board or the CEO may approve applications
for other driveways closer than 15 feet to the side lot line if either
determines that safe access to the property is not otherwise possible.
[Amended 3-9-2015]
(2) Subsurface sewage disposal systems may be constructed up to five
feet from any lot line, provided that the average increase to the
elevation of the existing grade within 15 feet of the lot line does
not exceed two feet and provided that no part of the system including
any cover material is any closer than five feet to any lot line.
(3) No aboveground structure higher than four feet above mean grade level
shall be permitted within 10 feet of a subsurface sewage disposal
system.
(4) No excavation of earth and no building, structure (except fences)
or facility of any kind shall be located within 40 feet of any burial
site which contains human remains. This site shall be marked and protected
during construction.
[Amended 6-6-2012]
D. Fences, plantings and riprap.
(1) A permit is required only for fences located within 50 feet of the
center line of the travel portion of any road or within 75 feet of
normal high water.
(2) Fences, plantings, and riprap shall be exempt from side lot setback
requirements.
(3) Fences and plantings may not be placed closer than 25 feet to the
center of the travel portion of a Town road or approved subdivision
road or within 40 feet of the intersection of the center line of intersecting
roads, except that fences and plantings may be placed up to five feet
from a road right-of-way where an applicant can demonstrate to the
Codes Enforcement Officer that the placing of a fence or planting
closer than 25 feet to the center of a Town road or approved subdivision
road (but not a state road) or within 40 feet of the intersection
of the center line of intersecting roads will not cause diminution
of sight lines, be subject to damage from snow plowing, or interfere
with drainage or ditches.
(4) Fences and plantings on land abutting a state road shall not be placed
closer than 33 feet to the center of the road nor within 50 feet of
the intersection of the center line of intersecting roads.
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Note: For the purpose of this chapter "plantings" shall mean
any growing object which when mature shall reach the height of three
feet or more.
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E. Height.
(1) No part of a building or structure (except a church or education
building or institutional facility) in the Rural Protection and Maritime
Activities Districts shall exceed a height of 38 feet from the original
mean grade level to the peak of the roof except as permitted below.
[Amended 6-6-2012]
(2) In the Rural Protection District only, accessories to structures
such as solar collectors, domes, cupolas, and other ornamental features,
chimneys, ventilators, skylights, tanks, bulkheads, machinery, antennas,
communication towers, and other accessory features which are required
above roofs, or stand alone, may exceed the height limitation, provided
that no structure or accessory to that structure exceeds 75 feet above
original mean grade level and that the structure is not used for habitation
or human occupation. Communication towers shall not be located closer
to any lot line than the distance equal to the height of the structure.
[Amended 5-10-2014]
(3) No structure shall exceed a height of 35 feet in the Resource Protection,
Limited Development, Shoreland Protection, or Meadow Pond Districts,
except that structures such as transmission towers and antennas not
having a floor area and which do not exceed 75 feet in height may
be permitted in all districts except the Resource Protection District.
F. Signs. Except as noted, the following shall apply to all districts
in the Town of Islesboro:
(1) Freestanding signs shall be permitted, provided that such signs shall
not exceed six square feet each in area and shall not exceed two such
signs per premises. Signs relating to goods or services not sold or
rendered on the premises are prohibited.
[Amended 3-9-2015]
(2) Residential names signs shall be permitted. Such signs shall not exceed the area limitation stipulated in Subsection
F(1) and shall be limited to two signs per premises.
(3) Residential or commercial users may display a single sign not over
three square feet in area relating to the sale, rental, or lease of
the premises.
(4) Signs relating to trespassing and hunting shall be permitted without
restriction as to the number but the area of each sign shall not exceed
two square feet.
(5) Signs affixed to buildings and signs identifying public buildings shall be exempt from the size limitation stipulated in Subsection
F(1) unless such signs are located in the Shoreland Protection, Limited Development, Meadow Pond, or Resource Protection Districts. Signs located in the Maritime Activities District shall also be exempt from the size limitation stipulated in Subsection
F(1) when facing the water side of the premises but shall not exceed 40 square feet in area.
(6) No freestanding sign shall be located more than 20 feet above the
ground.
(7) Signs shall be located no less than six feet from the shoulder of
the road and shall not impair the sight lines of, to, or from the
road.
(8) Signs relating to public safety shall be permitted without restriction.
(9) Signs may be illuminated only by shielded, nonflashing lights.