Permitted land uses in all zones shall conform to all applicable standards and requirements. Article 5 contains performance standards for the Shoreland and Resource Protection Zones, Article 6 for all land uses, and Article 7 specific standards for specific land uses. Where the specific standards contain dimensional requirements different than those listed in this article, the stricter requirement shall apply.
Any land use which is not listed as a permitted use or a conditional use shall be prohibited. The land uses permitted in each zone are listed below. Except as otherwise provided, any accessory use is permitted in each zone subject to the same approvals and requirements as are applicable to the principal use to which the accessory use is subordinate.
[Amended 11-8-2022; 6-13-2023]
Permitted Uses
Conditional Uses Subject to Site Plan Review
Conditional Uses Subject to Zoning Board of Appeals Review
Accessory apartment
Animal husbandry
Agriculture
Cemetery
Home occupation
Essential services
Church
Farm stand
Community building
Single-family dwelling
Community use
Storage and repair of fishing equipment
Elder-care facility
Parking of motor vehicles limited to any publicly owned lot in excess of 2 acres in size, with frontage on and access from a state-controlled highway. The maximum number of parking spaces for this use may not exceed 150, and there shall be no bus or large recreational vehicle parking on the lot. Further, with the exception of road frontage, dense vegetative buffering, a minimum of 6 feet in height, is required beginning at the property line and extending inward for a distance of 10 feet.
Golf courses in existence since January 1, 2008
Parking, temporary overflow public
Library
Timber harvesting
Multiplex
Timber management
Museum
Two-family dwelling
Park
Residential rental accommodation
School
[Amended 11-8-2022; 6-13-2023]
Permitted Uses
Conditional Uses Subject to Site Plan Review
Conditional Uses Subject to Zoning Board of Appeals Review
Accessory apartment
Animal husbandry
Agriculture
Cemetery
Home occupation
Essential services
Church
Farm stand
Community building
Single-family dwelling
Community use
Storage and repair of fishing equipment
Elder-care facility
Timber harvesting
Hotel and motel expansion
Timber management
Library
Two-family dwelling
Multiplex
Residential rental accommodation
Museum
Park
School
[Amended 6-8-2021; 11-8-2022; 6-13-2023]
Permitted Uses
Conditional Uses Subject to Site Plan Review
Conditional Uses Subject to Zoning Board of Appeals Review
Accessory apartment
Child-care center
Essential services
Bed-and-breakfast
Handcrafts
Single-family dwelling
Boatyard
Home occupation
Storage and repair of fishing equipment
Club
Two-family dwelling
Commercial center
Residential rental accommodation
Financial institution
Hotel
Inn
Marina
Motel
Multiplex
Park
Parking, commercial
Professional and business offices
Public hospitality facility
Residential mixed use
Restaurant
Retail business
Ship chandlery
Theater
[Amended 11-8-2022; 6-13-2023]
Permitted Uses
Conditional Uses Subject to Site Plan Review
Conditional Uses Subject to Zoning Board of Appeals Review
Accessory apartment
Child-care center
Agriculture
Bed-and-breakfast
Handcrafts
Essential services
Boatyard
Home occupation
Farm stand
Club
Single-family dwelling
Commercial center
Storage and repair of fishing equipment
Community building
Two-family dwelling
Community use
Residential rental accommodation
Financial institution
Fish processing
Hotel
Inn
Library
Marina
Marine transport services
Motel
Multiplex
Museum
Park
Professional and business offices
Residential mixed use
Restaurant
Retail business
School
Ship chandlery
Theater
[Amended 11-8-2022; 6-13-2023]
Permitted Uses
Conditional Uses Subject to Site Plan Review
Conditional Uses Subject to Zoning Board of Appeals Review
Accessory apartment
Home occupation
Agriculture
Cemetery
Essential services
Church
Farm stand
Museum
Library
Commercial center
Park
Community building
Single-family dwelling
Storage and repair of fishing equipment
Timber harvesting
Timber management
Two-family dwelling
Residential rental accommodations
[Amended 11-8-2022; 6-13-2023]
Permitted Uses
Conditional Uses Subject to Site Plan Review
Conditional Uses Subject to Zoning Board of Appeals Review
Accessory apartment
Child-care center
Agriculture
Cemetery
Home occupation
Essential services
Club
Farm stand
Community building
Public hospitality facility, temporary
Community use
Single-family dwelling
Library
Storage and repair of fishing equipment
Museum
Timber harvesting
Park
Timber management
Two-family dwelling
Residential rental accommodations
[Amended 11-8-2022; 6-13-2023]
Permitted Uses
Conditional Uses Subject to Site Plan Review
Conditional Uses Subject to Zoning Board of Appeals Review
Accessory apartment
Home occupation
Agriculture
Boatyard
Essential services
Commercial marina
Farm stand
Community use
Single-family dwelling
Elder-care facility
Storage and repair of fishing equipment
Fish processing
Timber harvesting
Library
Timber management
Museum
Two-family dwelling
Park
Residential rental accommodations
Residential mixed use
Ship chandlery
[Amended 11-8-2022; 6-13-2023]
Permitted Uses
Conditional Uses Subject to Site Plan Review
Conditional Uses Subject to Zoning Board of Appeals Review
Accessory apartment
Child-care center
Agriculture
Automobile repair shop
Handcrafts
Essential services
Automobile service station
Home occupation
Farm stand
Bed-and-breakfast
Single-family dwelling
Boatyard
Storage and repair of fishing equipment
Church
Two-family dwelling
Club
Residential rental accommodation
Commercial center
Commercial marina
Community building
Community use
Financial institution
Fish processing
Inn
Library
Multiplex
Museum
Park
Professional and business offices
Residential mixed use
Restaurant
Retail business
School
Ship chandlery
Theater
[Amended 11-8-2022; 6-13-2023]
Permitted Uses
Conditional Uses Subject to Site Plan Review
Conditional Uses Subject to Zoning Board of Appeals Review
Accessory apartment
Child-care center
Agriculture
Automobile-oriented business
Handcrafts
Animal husbandry
Automobile repair shop
Home occupation
Essential services
Automobile service station
Farm stand
Bed-and-breakfast
Manufactured housing
Boatyard
Single-family dwelling
Campground
Storage and repair of fishing equipment
Cemetery
Timber harvesting
Club
Timber management
Commercial center
Two-family dwelling
Commercial complex
Parking, temporary overflow public
Commercial recreation, indoor
Residential rental accommodation
Commercial recreation, outdoor
Community building
Community use
Elder-care facility
Extractive Industry
Financial institution
Fish processing
Funeral home
Golf course
Health institution
Hotel
Inn
Kennel
Library
Manufacturing
Marina
Mobile home park
Motel
Museum
Nursing home
Park
Parking, commercial
Professional and business offices
Public utilities
Residential mixed use
Restaurant
Retail business
School
Ship chandlery
Theater
Veterinary clinic
Warehouse
Wireless telecommunications facilities
Wholesaling
[Amended 11-8-2022; 6-13-2023]
Permitted Uses
Conditional Uses Subject to Site Plan Review
Conditional Uses Subject to Zoning Board of Appeals Review
Accessory apartment
Child-care center
Agriculture
Bed-and-breakfast
Handcrafts
Animal husbandry
Boatyard
Home occupation
Essential services
Campground
Farm stand
Cemetery
Manufactured housing
Club
Single-family dwelling
Commercial Recreation, outdoor
Storage and repair of fishing equipment
Community building
Timber harvesting
Community use
Timber management
Extractive industry
Two-family dwelling
Fish processing
Residential rental accommodation
Funeral home
Golf course
Health institution
Hotel
Inn
Kennel
Library
Manufacturing
Mobile home park
Motel
Museum
Nursing Home
Park
Professional and business offices
Public utilities
Restaurant
Retail business
Theater
Veterinary clinic
Warehouse
Wholesaling
Activities and land uses allowed in both the Shoreland and Resource Protection Zones without a permit:
A. 
Nonintensive and noncommercial recreational uses not requiring structures, such as hunting, fishing and hiking.
B. 
Motorized vehicular traffic on roads and established trails.
C. 
Timber management activities, except timber harvesting.
D. 
Fire prevention activities.
E. 
Wildlife management practices.
F. 
Soil and water conservation practice.
G. 
Mineral exploration disturbing less than 100 square feet of ground surface area.
H. 
Surveying and resource analysis.
I. 
Emergency operations, as defined.
J. 
Essential services accessory to permitted uses.
K. 
A temporary public hospitality facility, provided that the following conditions are met:
(1) 
Such facility is located within the Goose Rocks Zone;
(2) 
Such facility is anchored or secured so as to prevent it from tipping or becoming dislodged;
(3) 
Such facility will be removed by the Town just prior to a storm, tide or other event that is anticipated to cause the water level to rise to the elevation level of the facility; and
(4) 
Such facility is located on land that is currently developed and that no longer exists in its natural state.
In those portions of the Shoreland Zone which are not within the Resource Protection Zone, only those uses permitted in the underlying zone shall be permitted. In addition to permits required elsewhere in this chapter, the following activities shall require permits as follows:
A. 
Activities and land uses requiring a permit from the Code Enforcement Officer issued in accordance with the provisions in Article 11.
(1) 
Filling or other earthmoving activity and involving no more than five cubic yards of earth within any twelve-month period.
(2) 
Clearing of vegetation for approved construction and other allowed uses.
(3) 
Mineral exploration activities disturbing less than 100 square feet of ground surface.
(4) 
Single and two-family dwellings including driveways.
(5) 
Structures accessory to allowed uses.
(6) 
Uses similar to uses requiring a CEO permit.
B. 
Activities and land uses requiring approval from the Planning Board issued in accordance with the provisions in Article 10.
(1) 
Road construction.
(2) 
Mineral extraction including sand and gravel.
(3) 
Essential services (except that non-roadside or cross-country distribution lines involving 10 or fewer poles in the Shoreland Zone may be approved by the CEO).
(4) 
Public and private recreational areas involving minimal structural development.
(5) 
Parking facilities.
(6) 
Any commercial, industrial, governmental or institutional use permitted in the underlying zone.
(7) 
Campgrounds.
(8) 
Marinas.
(9) 
Piers, docks, wharves, bridges, or other structures and uses extending over or below the normal high water line of a body of water or within a wetland.
(10) 
Any use similar to uses requiring approval from the Planning Board.
A. 
Activities and land uses requiring approval from the Code Enforcement Officer. The following activities may occur in the Resource Protection Zone with approval from the Code Enforcement Officer issued in accordance with the provisions in Article 11:
(1) 
Timber harvesting.
(2) 
Clearing of vegetation for approved construction or other allowed uses.
(3) 
Filling or other earthmoving activity of less than five cubic yards within any twelve-month period.
(4) 
Uses similar to uses allowed without a permit.
(5) 
Uses similar to uses requiring approval from the Code Enforcement Officer.
B. 
Activities and land uses requiring approval form the Planning Board. The following activities and land uses may occur in the Resource Protection Zone with a permit from the Planning Board issued in accordance with the provisions in Article 10:
(1) 
Agriculture.
(2) 
Road and driveway construction for access to a use permitted within the Resource Protection Zone as allowed by the standards in § 240-5.12.
(3) 
Structures accessory to permitted uses, but not the accompanying principal structures.
(4) 
Nonresidential facilities for educational, scientific, or nature interpretation purposes.
(5) 
Filling or other earthmoving activity of more than five cubic yards within any twelve-month period.
(6) 
Public and private parks and recreation areas involving minimal structural development.
(7) 
Piers, docks, wharves, bridges, causeways and uses projecting into the water.
(8) 
Public utilities and essential services.
(9) 
Mineral extraction, including sand and gravel extraction.
(10) 
Uses similar to uses requiring approval from the Planning Board.
A. 
All permitted or conditional uses allowed in the underlying zone shall, if conducted within the Shoreland Zone, conform with the stricter of the requirements in the underlying zone or the following provisions:
Minimum Lot Standards
Minimum Lot Area
(square feet)
Minimum Shore Frontage
(feet)
Residential per dwelling unit
Within the Shoreland Zone adjacent to tidal areas
40,000
150
Within the Shoreland Zone adjacent to nontidal areas
40,000
200
Community and commercial recreation
Within the shoreland zone adjacent to tidal and nontidal areas
40,000
200
Water-dependent uses
Within the shoreland zone adjacent to tidal areas
Same as underlying zone
Same as underlying zone
Other uses
Within the Shoreland Zone adjacent to tidal areas
40,000
200
Within the Shoreland Zone adjacent to nontidal areas
60,000
300
B. 
Land below the normal high-water mark of a body of water or upland edge of a wetland and land beneath roads serving more than two lots shall not be included toward calculating minimum lot area.
C. 
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 established by the owner of land on both sides thereof after September 22, 1971.
D. 
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 upland edge of a wetland shall be equal to or greater than the shore frontage requirement for a lot with the proposed use.
E. 
If one or more residential dwelling unit, principal governmental, institutional, commercial or industrial structure, or use, or combination thereof, is constructed or established on a single parcel, all dimensional requirements shall be met for each dwelling unit, principal structure or use.
All structures in the Shoreland Zone shall be set back at least 75 feet horizontal distance from the normal high-water mark of bodies of water, tributary streams, and from the upland edge of a wetland, except that in the Dock Square Zone, the setback shall be at least 25 feet horizontal distance. In areas zoned Resource Protection, the setback requirement shall be 250 feet, horizontal distance, except for structures, roads, parking spaces or other regulated objects specifically allowed in that district in which case the setback requirements specified above shall apply. In addition:
A. 
The body of water, tributary stream, or wetland setback provision shall neither apply to structures which require direct access to the body of water or wetland as an operational necessity, such as piers, docks, and retaining walls, nor to other functionally water-dependent uses. Only water-dependent uses and structures may be located below the normal high-water mark of tidal waters within the Town's geographic boundaries, provided that all necessary permits and approvals are obtained. A tributary stream may be perennial or intermittent. Where a tributary stream is present within the Shoreland Zone, setback standards from that tributary stream are applicable.
B. 
On a nonconforming lot of record on which only a residential structure exists, and it is not possible to place an accessory structure meeting the required body of water, tributary stream or wetland setbacks, the Code Enforcement Officer may issue a permit to place a single accessory structure, with no utilities, for the storage of yard tools and similar equipment. Such accessory structure shall not exceed 80 square feet in area nor eight feet in height, and shall be located as far from the shoreline or tributary stream as practical and shall meet all other applicable standards, including lot coverage and vegetation clearing limitations. In no case shall the structure be located closer to the shoreline or tributary stream than the principal structure.
C. 
A building or structure built on or over a pier, dock, wharf or other structure extending beyond the normal high-water mark of a body of water or within a wetland, which was in existence on March 12, 1985, and which contained a principal use which was not water dependent on that date, may be used for any other use which is allowed in the underlying zone, except a residential use.
D. 
All structures shall conform to the height restrictions set forth in § 240-6.2 of this chapter. The lowest floor elevation or openings of all buildings and structures (except for accessory structures as defined in Chapter 219, Floodplain Management), including basements, shall be elevated at least two feet above the elevation of the one-hundred-year flood, the flood of record, or in the absence of these, the flood as defined by soil types identified as recent floodplain soils.
E. 
The total foot print area of all structures, parking lots and other nonvegetated surfaces within the Shoreland Zone shall not exceed 20% of the lot or a portion thereof, located within the Shoreland Zone, including land area previously developed, except in the Dock Square Zone, where lot coverage shall not exceed 70%.
F. 
Permanent structures, and expansions thereof, projecting into or over bodies of water shall require a permit from the Department of Environmental Protection, pursuant to the Natural Resources Protection Act, 38 M.R.S.A. § 480-C. Permits may also be required from the Army Corps of Engineers if located in navigable waters.
G. 
Notwithstanding the requirement stated above, stairways or similar structures may be allowed with a permit from the Code Enforcement Officer, to provide shoreline access in areas of steep slopes or unstable soils, provided that the structure is limited to a maximum of four feet in width; that the structure does not extend below or over the normal high-water line of a water body or upland edge of a wetland (unless permitted by the Department of Environmental Protection pursuant to the Natural Resources Protection Act, 38 M.R.S.A. § 480-C); and that the applicant demonstrates that no reasonable access alternative exists on the property.
H. 
Retaining walls that are not necessary for erosion control shall meet the structure setback requirement, except for low retaining walls and associated fill, provided all of the following conditions are met:
(1) 
The site has been previously altered and an effective vegetated buffer does not exist;
(2) 
The wall(s) is(are) at least 25 feet, horizontal distance, from the normal high-water line of a water body, tributary steam, or upland edge of a wetland;
(3) 
The site where the retaining wall will be constructed is legally existing lawn or is a site eroding from lack of naturally occurring vegetation, and which cannot be stabilized with vegetative plantings;
(4) 
The total height of the wall(s), in the aggregate, is no more than 24 inches;
(5) 
Retaining walls are located outside of the one-hundred-year floodplain on rivers, streams, coastal wetlands, and tributary streams, 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;
(6) 
The area behind the wall is revegetated with grass, shrubs, trees, or a combination thereof, and no further structural development will occur within the setback area, including patios and decks; and
(7) 
A vegetated buffer area is established within 25 feet, horizontal distance, of the normal high-water line of a water body, tributary stream, or upland edge of a wetland when a natural buffer area does not exist. The buffer area must meet the following characteristics:
(a) 
The buffer must include shrubs and other woody and herbaceous vegetation. Where natural ground cover is lacking, the area must be supplemented with leaf or bark mulch.
(b) 
Vegetation plantings must be in quantities sufficient to retard erosion and provide for effective infiltration of stormwater runoff.
(c) 
Only native species may be used to establish the buffer area.
(d) 
A minimum buffer width of 15 feet, horizontal distance, is required, measured perpendicularly to the normal high-water line or upland edge of a wetland.
(e) 
A footpath not to exceed the standards in § 240-5.4B(2) may traverse the buffer.
NOTE: If the wall and associated soil disturbance occurs within 75 feet, horizontal distance, of a body of water, tributary stream or coastal wetland, a permit pursuant to the Natural Resource Protection Act is required from the Department of Environmental Protection.
Permitted Uses
Conditional Uses Subject to Site Plan Review
Activities listed under §§ 240-4.13 and 240-4.15, Uses permitted: Resource Protection Zone
Activities listed under § 240-4.18, Goat Island Light Contract Zone[1]
[1]
Editor's Note: See also attachment to this chapter, Goat Island Light Contract Zone.