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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A.
The Resource Protection District includes areas in which development
would adversely affect water quality, productive habitat, biological
ecosystems, or scenic and natural values. This district includes coastal
and nonforested wetlands as defined in this chapter and areas of significant
wildlife habitat as defined in the following subsection and designated
as "Sensitive Areas" on the Protection Districts Map.
B.
Areas that contain significant wildlife habitat include habitat for
species appearing on the official state or federal lists of endangered
or threatened species; high- and moderate-value deer wintering areas
and travel corridors as defined by the Department of Inland Fisheries
and Wildlife; high- and moderate-value waterfowl and wading bird habitats,
including nesting and feeding areas as defined by the Department of
Inland Fisheries and Wildlife; critical spawning and nursery areas
for Atlantic sea run salmon as defined by the Atlantic Sea Run Salmon
Commission; and shorebird nesting, feeding and staging areas and sea
bird nesting islands as defined by the Department of Inland Fisheries
and Wildlife. Also, those areas classified "A" on pages 24 and 25
of the Penobscot Bay Conservation Plan, dated December 1986, prepared
by the State of Maine Department of Inland Fisheries and Wildlife,
are areas of significant wildlife habitat.
C.
In addition, this district shall include the following areas when they occur within the limits of the Protection Sector, except that areas which are currently developed as defined in § 125-25 and areas which are in the Maritime Activities District shall not be included in the Resource Protection District.
(1)
Floodplains. The one-hundred-year floodplains adjacent to tidal waters
as shown on Federal Emergency Management Agency (FEMA) Floodplain
Insurance Rate Maps or Flood Hazard Boundary Maps, copies of which
are on file at the Town Office for inspection by the public.
(2)
Steep slopes. Areas consisting of two or more contiguous acres with
sustained slopes of 20% or greater.
(3)
Isolated wetlands. 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.
(4)
Erosion areas. Land areas along streams subject to severe bank erosion,
undercutting, or stream bed movement and lands adjacent to tidal waters
which are subject to severe erosion or mass movement, such as steep
coastal bluffs.
D.
If any of these areas is proven by evaluation of the site not to
have sustained slopes of 20% or greater, or not to have hydric soils
and wetland vegetation, or not to be in a floodplain, or not to be
subject to extreme erosion, the area in question shall be considered
the underlying district shown in parentheses on the Town of Islesboro,
Protection Districts Map. This provision shall exclude any area identified
as a Resource Protection District due to significant wildlife.
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.
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.
[Added 2-15-2018]
A.
Purpose. The Town Centers District is intended to encourage retention
of traditional neighborhoods by allowing smaller lot sizes, promoting
walkable population-dense areas with a mix of commercial and residential
uses and structures, and providing public sewer and water when necessary
to protect the Town's shared environment.
B.
Space and bulk requirements. Notwithstanding any other provision
in this chapter or the Development Review Ordinance (including, without
limitation, the minimum lot size standards and the performance standards
for cluster developments) to the contrary, the following space and
bulk requirements apply in Town Centers District:
(1)
Minimum lot size.
(a)
Residential lots other than multiple-family dwelling lots on
public sewer shall have a minimum lot size of 20,000 square feet.
(b)
Multiple-family dwelling lots on public sewer shall have a minimum
lot size of 20,000 square feet for two-family and three-family dwelling
units, and a minimum lot size of 5,500 square feet per dwelling unit
for lots with more than three dwelling units.
(c)
Mixed use development lots shall have a minimum lot size of
20,000 square feet.
(d)
Nonresidential lots for uses other than a restaurant not on
public sewer shall have a minimum lot size of 10,000 square feet.
(e)
Nonresidential lots not on public sewer for a restaurant use
shall have a minimum lot size of 20,000 square feet.
(2)
Lot coverage. The total area of structures, parking lots and
other nonvegetated surfaces shall not exceed 70% of the lot, including
land area previously developed.
(3)
Road frontage. All lots shall have a minimum of 50 feet of road
frontage.
C.
Wastewater disposal requirements. Notwithstanding any other provision
in this chapter or the Development Review Ordinance to the contrary,
the following wastewater disposal requirements apply in the Town Centers
District:
(1)
All new construction on or after July 1, 2018 shall be connected
to a public sewer and water system, if available at the time of construction.
(2)
For a multiple-family dwelling, if a public sewer system is
not available at the time of construction, all units must be served
by a common subsurface wastewater disposal system in accordance with
the Maine State Subsurface Wastewater Disposal Rules.
(3)
The separation distance between any public sewer or subsurface
wastewater disposal system and any well must be a minimum of 200 feet,
unless a pretreatment system approved by the Maine Department of Health
and Human Services and Local Plumbing Inspector is installed in which
case the minimum separation distance shall be no less than 100 feet.
D.
Parking and traffic circulation requirements. Notwithstanding any
other provision in this chapter or the Development Review Ordinance
to the contrary, the following parking and traffic circulation requirements
apply in the Town Centers District:
(1)
For mixed use or commercial sites, vehicle parking lots shall
be designed so that delivery, sanitation, emergency and other public
service vehicles can serve the site without the necessity of backing
up unreasonable distances or making dangerous or hazardous turning
movements.
(2)
All new residential units constructed on or after July 1, 2018
shall have a minimum of one parking space per dwelling unit, and any
residential unit enlarged or expanded on or after July 1, 2018 shall
have a minimum of one parking space per dwelling unit.
(3)
Off-street parking space requirements.
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Use
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Off-street parking
(round down; square feet applies to total floor area of facility)
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Food service facilities and activities, including restaurants,
taverns and lounges
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1 space/4 seats in dining area plus 1 space/150 square feet
of lounge, bar and waiting area plus 1 space/employee
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Hotels, motels, cabins, inns and bed-and-breakfasts
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1 space/each room to be rented plus 1 space/employee
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Institutional facilities
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1 space/200 square feet plus 1 space for each employee
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Nursing and convalescent homes, congregate living, and health
care facilities
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1 space/bed plus 1 space/employee or 1 space/200 square feet,
whichever is greater
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Retail establishments
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1 space/300 square feet plus 1 space/employee
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All other commercial uses not otherwise listed above
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1 space/500 square feet excluding storage areas plus 1 space/employee
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If public parking exists within 300 feet of a facility, reduce
the required number of off-street parking spaces by (Public parking
spaces/Off-Street parking requirement), rounded up to a whole number
of parking spaces. (For example, if a retail store has 1,000 square
feet and four employees on one shift and a fifteen-car public parking
area is within 300 feet of the store the off-street parking requirement
is 1,000/300 ≈ 3; 3 + 4 = 7: (15/7) ≈ 3; 7-3 = 4.)
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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.
[1]
Editor's Note: The Table of Land Uses is included at the end
of this chapter.
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:
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:
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.
A.
Each lot that is not an "excepted lot" as provided for by this chapter
and is established after March 23, 1985, in the Resource, Shoreland
or Rural Protection Districts or, after the effective date of this
chapter, in the Limited Development, Meadow Pond, and Maritime Activities
Districts, shall have not less than 65,340 square feet (1.5 acres)
in area.
B.
After the effective date of this chapter, except in the Maritime
Activities District, each waterfront lot adjacent to the Meadow Pond
shall have a minimum of 200 feet of shore frontage per dwelling unit
and not less than 150 feet of continuous frontage on a road, and no
lot adjacent or not adjacent to tidal areas shall have less than 150
feet of frontage on the shore per dwelling unit nor less than 150
feet of continuous frontage on a road, except that up to four lots
may be served by a right-of-way of not less than 25 feet in width
built and maintained at all times to allow access to all lots by emergency
vehicles. Winter maintenance, such as plowing and sanding, is required
only to those lots during the time those lots are occupied. When required
by the Planning Board, turnouts shall be provided. Responsibility
for maintaining the right-of-way shall be determined by the Planning
Board at the time of approval.
[Amended 6-6-2012; 3-9-2015]
C.
A lot of less than 1.5 acres established at any time prior to March
23, 1985, but not in existence on the effective date of this chapter
may not be reestablished after the effective date of this chapter.
D.
A lot of less than 1.5 acres may be enlarged by the acquisition of
abutting property, even if the effect is to create a new, larger lot
of less than 1.5 acres. Such change in property boundaries shall not
create any additional lots of less than 1.5 acres or reduce the size
of any lot of less than 1.5 acres.
E.
Each lot established in a Maritime Activities District after the
effective date of this chapter shall have not less than 200 feet of
shore frontage when such lot is adjacent to tidal areas and not less
than 300 feet of shore frontage adjacent to nontidal areas. No lot
established in a Maritime Activities District after the effective
date of this chapter shall have less than 150 feet of continuous road
frontage. Lots that are state or municipally owned, established solely
for the purpose of shore access by the public, shall not be subject
to these shore frontage and road frontage requirements.
F.
Land below the normal high-water line of a water body or the upland
edge of a wetland and land beneath roads serving more than two lots
shall not be included in calculating minimum lot area.
G.
Lots located on opposite sides of a public or private road shall
be considered each a separate tract or parcel of land unless such
road was built by the owner of land on both sides thereof after September
22, 1971.
H.
The minimum width of any portion of any lot within 100 feet, horizontal
distance, of the normal high-water line of a water body or from the
upland edge of a nonforested wetland shall be equal to or greater
than the shore frontage requirement for a lot with the proposed use.
I.
Except in a Maritime Activities or Town Centers District, if more
than one dwelling unit, with the exception of an accessory dwelling
unit, or more than one principal commercial or industrial structure
is constructed on a single parcel, all dimensional requirements, other
than road frontage, shall be met for each additional dwelling unit
or principal structure.
[Amended 3-9-2015; 2-15-2018]
J.
Except in the Maritime Activities or Town Centers District, the total
area of structures, parking lots and other nonvegetated surfaces shall
not exceed 20% of the lot, including land area previously developed.
In the Maritime Activities District lot coverage shall not exceed
70%.
|
Note: Structures, facilities and uses on lots that do not meet the dimensional requirements of this § 125-33, including frontage and area, shall not be considered nonconforming, provided that they meet all setback requirements and permitted uses of the district in which they are located.
[Amended 2-15-2018] |
K.
Excepted lots. An excepted lot, as defined by this chapter, may be
established to have an area of less than 65,340 square feet (1.5 acres)
if the Planning Board determines that establishment of such a lot
is consistent with the purposes of this chapter, and is appropriate
to its proposed use, and meets all of the following criteria:
(1)
Establishment of the excepted lot shall be by deed after approval
by the Planning Board after public hearing.
(2)
The permitted use of the excepted lot shall meet all setback requirements
of this chapter.
(3)
The deed shall restrict the use of the excepted lot to the purpose
for which it was approved.
(4)
The deed shall specify that the excepted lot shall not be used for
placement on or construction of any dwelling unit.
(5)
The new deed shall be filed with the Waldo County Registry of Deeds
and specify whether the excepted lot shall revert to a specified abutting
property or to the Town of Islesboro if the excepted lot ceases to
be used for the purpose for which it was established and change of
use is not approved as set forth above.
A.
Lots in the floodplains shall not be less than the minimum size required
for the district in which the floodplain lies.
B.
Those uses permitted in the floodplains shall be those applying to
the district in which the floodplain lies subject to all other applicable
ordinances.
C.
Those uses prohibited in the floodplains shall be those prohibited
in the district in which the floodplain lies subject to all other
applicable ordinances.
A.
Except in the Maritime Activities District, no more than one pier,
dock, wharf, or bridge shall be allowed per lot.
B.
Access from shore shall be developed on soils appropriate for such
use and constructed so as to control erosion.
C.
The location of piers, docks, wharfs, bridges and other structures
and uses extending over or beyond the normal high-water line of a
water body or within a wetland shall not interfere with existing developed
or natural beach areas.
D.
The facility shall be located so as to minimize adverse effects on
fisheries and marine life.
E.
The facility shall be no larger in dimension than necessary to carry
on the activity and be consistent with existing conditions, use, and
character of the area.
F.
No new structure shall be built on, over or abutting a pier, wharf,
dock or other structure extending beyond the normal high-water line
of a water body or within a wetland unless the structure requires
direct access to the water as an operational necessity.
G.
No existing structures built on, over or abutting a pier, dock, wharf
or other structure extending beyond the normal high-water line of
a water body or within a wetland shall be converted to dwelling units
in any district.
H.
Except in the Maritime Activities District, structures built on,
over or abutting a pier, wharf, dock or other structure extending
beyond the normal high-water line of a water body or within a wetland
shall not exceed 10 feet in height above the pier, wharf, dock or
other structure, except that navigation aids, straight pole antennas,
and flagpoles shall not exceed 20 feet in height.
I.
Permanent structures projecting into or over water bodies shall require
a permit from the Department of Environmental Protection pursuant
to the Natural Resources Protection Act, 38 M.R.S.A. § 480C,
prior to approval of a land use application by the Planning Board
or Codes Enforcement Officer.
