It is anticipated that these areas will not be sewered but will provide for residential development in a low-density, self-sustaining, rural environment, with site plan review providing careful controls to ensure the compatibility of future development.
A. 
Written approval. Land uses in this district shall require written approval from the authority as indicated (e.g., special exception approval by the Board of Appeals, site plan approval after site plan review by the Planning Board), prior to issuance of a permit by the Code Enforcement Officer.
B. 
Permitted uses not requiring CEO approval. Permitted uses listed below do not require approval by the Code Enforcement Officer. (Uses located within the Shoreland Zone, as shown on the Official Shoreland Zoning Map, are subject to the regulations of Part 3, Shoreland Zoning, especially Table 3.14-1, Land Uses in the Shoreland Zone, and § 10-3.20, Prohibited uses. Construction or other development within the special flood hazard Zone A1, as shown on the Frye Island Portion of the FEMA Flood Insurance Map, requires a flood hazard development permit from the Code Enforcement Officer as specified in Part 4, Floodplain Management.)
(1) 
Agriculture.
(2) 
Forestry management.
C. 
Permitted uses requiring CEO approval only. Permitted uses listed below require approval from the Code Enforcement Officer only, and do not require site plan review. (Uses located within the Shoreland Zone, as shown on the Official Shoreland Zoning Map, are subject to the regulations of Part 3, Shoreland Zoning, especially Table 3.14-1, Land Uses in the Shoreland Zone, and § 10-3.20, Prohibited uses. Construction or other development within the special flood hazard Zone A1, as shown on the Frye Island Portion of the FEMA Flood Insurance Map, requires a flood hazard development permit from the Code Enforcement Officer as specified in Part 4, Floodplain Management.)
(1) 
Accessory uses and buildings.
(2) 
Single-family dwelling.
D. 
Permitted uses requiring site plan review. Permitted uses listed below require site plan review and approval by the Planning Board, in accordance with Article XII, prior to the issuance of a permit by the Code Enforcement Officer. (Uses located within the Shoreland Zone, as shown on the Official Shoreland Zoning Map, are subject to the regulations of Part 3, Shoreland Zoning, especially Table 3.14-1, Land Uses in the Shoreland Zone, and § 10-3.20, Prohibited uses. Construction or other development within the special flood hazard Zone A1, as shown on the Frye Island Portion of the FEMA Flood Insurance Map, requires a flood hazard development permit from the Code Enforcement Officer as specified in Part 4, Floodplain Management.)
(1) 
Adult day care (on a conforming lot only; not permitted in a cluster subdivision).
(2) 
Church.
(3) 
Day-care home (on a conforming lot only; not permitted in a cluster subdivision).
(4) 
Home occupation Level 1.
(5) 
Home retail sales (on a conforming lot only; not permitted in a cluster subdivision).
(6) 
Municipal use.
E. 
Uses requiring special exception. Uses listed below shall first require approval from the Board of Appeals as a special exception, in accordance with standards set forth in § 10-1.58A(2). Such uses shall also require site plan review and approval from the Planning Board prior to the issuance of a permit by the Code Enforcement Officer. (Uses located within the Shoreland Zone, as shown on the Official Shoreland Zoning Map, are subject to the regulations of Part 3, Shoreland Zoning, especially Table 3.14-1, Land Uses in the Shoreland Zone, and § 10-3.20, Prohibited uses. Construction or other development within the special flood hazard Zone A1, as shown on the Frye Island Portion of the FEMA Flood Insurance Map, requires a flood hazard development permit from the Code Enforcement Officer as specified in Part 4, Floodplain Management.)
(1) 
Home occupation Level 2 (on a conforming lot only; not permitted in a cluster subdivision).
F. 
Minimum lot size. Minimum lot size (minimum area per family) shall be as follows:
(1) 
Area: 40,000 square feet without public water; 20,000 square feet with public water.
(2) 
Frontage: 50 feet.
[Amended 10-6-2001 TM by Art. 14]
(3) 
Lot width: 100 feet.
G. 
Minimum setback dimensions. Except as permitted under Subsection K or prohibited under Part 3, Shoreland Zoning, minimum setback dimensions for lots shall be as follows:
[Amended 10-8-2016 TM]
(1) 
Front building setback: 50 feet.
(2) 
Side building setback: 15 feet.
(3) 
Rear building setback: 15 feet.
H. 
Accessory building setbacks. Except as permitted under Subsection K or prohibited under Part 3, Shoreland Zoning, accessory buildings, except sheds, must meet the following setback requirements:
[Amended 10-8-2016 TM]
(1) 
Front building setback: 30 feet.
(2) 
Side building setback: 15 feet.
(3) 
Rear building setback: 15 feet.
I. 
Shed setbacks. Sheds (accessory buildings 144 square feet or less) must meet the following setback requirements:
(1) 
Front building setback: 30 feet.
(2) 
Side building setback: 10 feet.
(3) 
Rear building setback: 10 feet.
J. 
Lots in a cluster subdivision. Lots in a cluster subdivision must maintain the setbacks approved with the subdivision unless a variance is obtained.
K. 
Exception to minimum setbacks. Given the nature and dimensions of many of the lots on Frye Island, and as a result of a 2014 decision by the Maine Superior Court, the minimum setback requirements in Subsections G and H may be reduced only as follows:
[Added 10-8-2016 TM]
(1) 
At most, one of the setback requirements (front, side or rear) may be reduced by maximum of five feet.
(2) 
The side setback may be reduced only on one side of the structure.
(3) 
Setback reductions shall not be used, and are not available, to reduce required minimum setbacks of structures from bodies of water as provided in the Shoreland Zoning requirements in Part 3.
(4) 
All such exceptions must be based on a professional boundary survey of the property in question.
These areas are generally rural now, unsewered, and it is proposed that they remain in a very low density of development in order to prevent future problems, with site plan review providing careful controls to ensure the compatibility of future development.
A. 
Written approval. Land uses in this district shall require written approval from the authority as indicated (e.g., special exception approval by the Board of Appeals, site plan approval after site plan review by the Planning Board), prior to issuance of a permit by the Code Enforcement Officer.
B. 
Permitted uses not requiring CEO approval. Permitted uses listed below do not require approval by the Code Enforcement Officer. (Uses located within the Shoreland Zone, as shown on the Official Shoreland Zoning Map, are subject to the regulations of Part 3, Shoreland Zoning, especially Table 3.14-1, Land Uses in the Shoreland Zone, and § 10-3.20, Prohibited uses. Construction or other development within the special flood hazard Zone A1, as shown on the Frye Island Portion of the FEMA Flood Insurance Map, requires a flood hazard development permit from the Code Enforcement Officer as specified in Part 4, Floodplain Management.)
(1) 
Agriculture.
(2) 
Home care services.
C. 
Permitted uses requiring CEO approval only. Permitted uses listed below require approval from the Code Enforcement Officer only, and do not require site plan review. (Uses located within the Shoreland Zone, as shown on the Official Shoreland Zoning Map, are subject to the regulations of Part 3, Shoreland Zoning, especially Table 3.14-1, Land Uses in the Shoreland Zone, and § 10-3.20, Prohibited uses. Construction or other development within the special flood hazard Zone A1, as shown on the Frye Island Portion of the FEMA Flood Insurance Map, requires a flood hazard development permit from the Code Enforcement Officer as specified in Part 4, Floodplain Management.)
(1) 
Accessory uses and buildings.
(2) 
Family apartment.
(3) 
Forestry management.
(4) 
Home occupation Level 1.
(5) 
Manufactured housing unit.
(6) 
Single-family dwelling.
(7) 
Transmission towers [subject to the restrictions set forth in § 10-1.22, Regulations concerning transmission (antenna) towers].
D. 
Permitted uses requiring site plan review. Permitted uses listed below require site plan review and approval by the Planning Board, in accordance with Article XII, prior to the issuance of a permit by the Code Enforcement Officer. (Uses located within the Shoreland Zone, as shown on the Official Shoreland Zoning Map, are subject to the regulations of Part 3, Shoreland Zoning, especially Table 3.14-1, Land Uses in the Shoreland Zone, and § 10-3.20, Prohibited uses. Construction or other development within the special flood hazard Zone A1, as shown on the Frye Island Portion of the FEMA Flood Insurance Map, requires a flood hazard development permit from the Code Enforcement Officer as specified in Part 4, Floodplain Management.)
(1) 
Adult day care (on a conforming lot only; not permitted in a cluster subdivision).
(2) 
Business and professional offices less than 2,000 square feet (on a conforming lot only; not permitted in a cluster subdivision).
(3) 
Cemetery.
(4) 
Church (on a conforming lot only; not permitted in a cluster subdivision).
(5) 
Day-care home (on a conforming lot only; not permitted in a cluster subdivision).
(6) 
Home occupation Level 2 (on a conforming lot only; not permitted in a cluster subdivision).
(7) 
Home occupation Level 3 (on a conforming lot only; not permitted in a cluster subdivision).
(8) 
Home retail sales (on a conforming lot only; not permitted in a cluster subdivision).
(9) 
Municipal use.
(10) 
Private club.
(11) 
Public utilities.
(12) 
Residential care facility (on a conforming lot only; not permitted in a cluster subdivision).
(13) 
Restaurant (on a conforming lot only; not permitted in a cluster subdivision).
(14) 
Retail business less than 2,000 square feet. (on a conforming lot only; not permitted in a cluster subdivision).
(15) 
Social events center (on a conforming lot only; not permitted in a cluster subdivision).
(16) 
Tradesman.
E. 
Uses requiring special exception. Uses listed below shall first require approval from the Board of Appeals as a special exception, in accordance with standards set forth in § 10-1.58A(2). Such uses shall also require site plan review and approval from the Planning Board prior to the issuance of a permit by the Code Enforcement Officer. (Uses located within the Shoreland Zone, as shown on the Official Shoreland Zoning Map, are subject to the regulations of Part 3, Shoreland Zoning, especially Table 3.14-1, Land Uses in the Shoreland Zone, and § 10-3.20, Prohibited uses. Construction or other development within the special flood hazard Zone A1, as shown on the Frye Island Portion of the FEMA Flood Insurance Map, requires a flood hazard development permit from the Code Enforcement Officer as specified in Part 4, Floodplain Management.)
[Amended 10-6-2001 TM by Art. 13]
(1) 
Animal husbandry (does not require a permit from the Code Enforcement Officer).
(2) 
Bed-and-breakfast.
(3) 
Commercial recreation.
(4) 
Community living facility (on a conforming lot only; not permitted in a cluster subdivision).
(5) 
Day-care center (on a conforming lot only, not permitted in a cluster subdivision).
(6) 
Funeral home (on a conforming lot only; not permitted in a cluster subdivision).
(7) 
Inn (on a conforming lot only; not permitted in a cluster subdivision).
(8) 
Kennel (on a conforming lot only; not permitted in a cluster subdivision). Kennels must be located such that they are 200 feet from all adjacent property lines.
F. 
Minimum lot size. Minimum lot size (minimum area per family) shall be as follows:
(1) 
Area: three acres.
(2) 
Frontage: 200 feet.
(3) 
Lot width: 200 feet.
G. 
Minimum setback dimensions. Minimum dimensions for lots shall be as follows:
(1) 
Front building setback: 50 feet.
(2) 
Side building setback: 50 feet.
(3) 
Rear building setback: 50 feet.
H. 
Lots in a cluster subdivision. Lots in a cluster subdivision must maintain the setbacks approved with the subdivision unless a variance is obtained.
These areas are to provide for retail sales and services and to serve water recreation users or uses otherwise compatible with marina and other water-oriented commercial activities. Approval will be required under the site plan review ordinances.
A. 
Written approval. Land uses in this district shall require written approval from the authority as indicated (e.g., special exception approval by the Board of Appeals, site plan approval after site plan review by the Planning Board), prior to issuance of a permit by the Code Enforcement Officer.
B. 
Permitted uses not requiring CEO approval. Permitted uses listed below do not require approval by the Code Enforcement Officer. (Uses located within the Shoreland Zone, as shown on the Official Shoreland Zoning Map, are subject to the regulations of Part 3, Shoreland Zoning, especially Table 3.14-1, Land Uses in the Shoreland Zone, and § 10-3.20, Prohibited uses. Construction or other development within the special flood hazard Zone A1, as shown on the Frye Island Portion of the FEMA Flood Insurance Map, requires a flood hazard development permit from the Code Enforcement Officer as specified in Part 4, Floodplain Management.)
(1) 
Home care services.
C. 
Permitted uses requiring CEO approval only. Permitted uses listed below require approval from the Code Enforcement Officer only, and do not require site plan review. (Uses located within the Shoreland Zone, as shown on the Official Shoreland Zoning Map, are subject to the regulations of Part 3, Shoreland Zoning, especially Table 3.14-1, Land Uses in the Shoreland Zone, and § 10-3.20, Prohibited uses. Construction or other development within the special flood hazard Zone A1, as shown on the Frye Island Portion of the FEMA Flood Insurance Map, requires a flood hazard development permit from the Code Enforcement Officer as specified in Part 4, Floodplain Management.)
(1) 
Accessory uses and buildings.
(2) 
Family apartment.
(3) 
Home occupation Level 1.
(4) 
Single-family dwelling.
(5) 
Transmission towers [subject to the restrictions set forth in § 10-1.22, Regulations concerning transmission (antenna) towers].
D. 
Permitted uses requiring site plan review. Permitted uses listed below require site plan review and approval by the Planning Board, in accordance with Article XII, prior to the issuance of a permit by the Code Enforcement Officer. (Uses located within the Shoreland Zone, as shown on the Official Shoreland Zoning Map, are subject to the regulations of Part 3, Shoreland Zoning, especially Table 3.14-1, Land Uses in the Shoreland Zone, and § 10-3.20, Prohibited uses. Construction or other development within the special flood hazard Zone A1, as shown on the Frye Island Portion of the FEMA Flood Insurance Map, requires a flood hazard development permit from the Code Enforcement Officer as specified in Part 4, Floodplain Management.)
(1) 
Adult day care.
(2) 
Bed-and-breakfast.
(3) 
Business and professional offices.
(4) 
Commercial recreation.
(5) 
Hotel.
(6) 
Marina.
(7) 
Motel.
(8) 
Municipal use.
(9) 
Restaurant.
(10) 
Retail business.
E. 
Uses requiring special exception. Uses listed below shall first require approval from the Board of Appeals as a special exception, in accordance with standards set forth in § 10-1.58A(2). Such uses shall also require site plan review and approval from the Planning Board prior to the issuance of a permit by the Code Enforcement Officer. (Uses located within the Shoreland Zone, as shown on the Official Shoreland Zoning Map, are subject to the regulations of Part 3, Shoreland Zoning, especially Table 3.14-1, Land Uses in the Shoreland Zone, and § 10-3.20, Prohibited uses. Construction or other development within the special flood hazard Zone A1, as shown on the Frye Island Portion of the FEMA Flood Insurance Map, requires a flood hazard development permit from the Code Enforcement Officer as specified in Part 4, Floodplain Management.)
[Amended 10-6-2001 TM by Art. 13]
(1) 
Day-care center.
(2) 
Public utility.
(3) 
Research facility.
F. 
Minimum lot size. Minimum lot size (minimum area per family) shall be as follows:
(1) 
Area: 80,000 square feet without public water; 60,000 square feet with public water.
(2) 
Frontage: 175 feet.
(3) 
Lot width: 175 feet.
G. 
Minimum setback dimensions. Minimum setback dimensions for lots shall be as follows:
(1) 
Front building setback: 50 feet.
(2) 
Side building setback: 15 feet.
(3) 
Rear building setback: 15 feet.
H. 
Accessory building setbacks. Accessory buildings, except sheds, must meet the following setback requirements:
(1) 
Front building setback: 30 feet.
(2) 
Side building setback: 15 feet.
(3) 
Rear building setback: 15 feet.
I. 
Shed setbacks. Sheds (accessory buildings 144 square feet or less) must meet the following setback requirements:
(1) 
Front building setback: 30 feet.
(2) 
Side building setback: 10 feet.
(3) 
Rear building setback: 10 feet.
These areas are currently used for noncommercial recreational purposes and it is anticipated they will remain recreational.
A. 
Written approval. Land uses in this district shall require written approval from the authority as indicated (e.g., special exception approval by the Board of Appeals, site plan approval after site plan review by the Planning Board), prior to issuance of a permit by the Code Enforcement Officer.
B. 
Permitted uses not requiring CEO approval. Permitted uses listed below do not require approval by the Code Enforcement Officer. (Uses located within the Shoreland Zone, as shown on the Official Shoreland Zoning Map, are subject to the regulations of Part 3, Shoreland Zoning, especially Table 3.14-1, Land Uses in the Shoreland Zone, and § 10-3.20, Prohibited uses. Construction or other development within the special flood hazard Zone A1, as shown on the Frye Island Portion of the FEMA Flood Insurance Map, requires a flood hazard development permit from the Code Enforcement Officer as specified in Part 4, Floodplain Management.)
(1) 
None.
C. 
Permitted uses requiring CEO approval only. Permitted uses listed below require approval from the Code Enforcement Officer only, and do not require site plan review. (Uses located within the Shoreland Zone, as shown on the Official Shoreland Zoning Map, are subject to the regulations of Part 3, Shoreland Zoning, especially Table 3.14-1, Land Uses in the Shoreland Zone, and § 10-3.20, Prohibited uses. Construction or other development within the special flood hazard Zone A1, as shown on the Frye Island Portion of the FEMA Flood Insurance Map, requires a flood hazard development permit from the Code Enforcement Officer as specified in Part 4, Floodplain Management.)
(1) 
Family games such as badminton, horseshoes, etc.
(2) 
Picnicking.
(3) 
Small boat launching; for example, kayaks, canoes, and small sailboats such as Sunfish®.
(4) 
Swimming.
D. 
Permitted uses requiring site plan review. Permitted uses listed below require site plan review and approval by the Planning Board, in accordance with Article XII, prior to the issuance of a permit by the Code Enforcement Officer. (Uses located within the Shoreland Zone, as shown on the Official Shoreland Zoning Map, are subject to the regulations of Part 3, Shoreland Zoning, especially Table 3.14-1, Land Uses in the Shoreland Zone, and § 10-3.20, Prohibited uses. Construction or other development within the special flood hazard Zone A1, as shown on the Frye Island Portion of the FEMA Flood Insurance Map, requires a flood hazard development permit from the Code Enforcement Officer as specified in Part 4, Floodplain Management.)
(1) 
Accessory uses and buildings (on a conforming lot only).
(2) 
Archery range.
(3) 
Day camp for children (on a conforming lot only).
(4) 
Hiking and nature trails.
(5) 
Manufactured building (on a conforming lot only).
(6) 
Playgrounds for children (on a conforming lot only).
(7) 
Recreational fields; for example, softball or hardball fields, basketball, soccer, volleyball, etc. (on a conforming lot only).
(8) 
Shed (on a conforming lot only).
(9) 
Tennis courts.
E. 
Minimum lot size. Minimum lot size shall be as follows:
(1) 
For permitted uses not requiring site plan review: 20,000 square feet.
(2) 
For permitted uses requiring site plan review: 40,000 square feet.
F. 
Minimum setback dimensions for lots 40,000 square feet or more. Minimum setback dimensions for lots 40,000 square feet or more shall be as follows:
(1) 
Front building setback: 50 feet.
(2) 
Side building setback: 40 feet.
(3) 
Rear building setback: 40 feet.
G. 
Minimum setback dimensions for lots less than 40,000 square feet. Minimum setback dimensions for lots less than 40,000 square feet shall be as follows:
(1) 
Front building setback: 50 feet.
(2) 
Side building setback: 20 feet.
(3) 
Rear building setback: 20 feet.
A. 
The following new uses are prohibited in all districts in the Town of Frye Island:
(1) 
Airport.
(2) 
Campground
[Amended 10-6-2001 TM by Art. 13]
(3) 
Motor vehicle graveyard.
(4) 
Motor vehicle repair.
(5) 
Car wash.
(6) 
College.
(7) 
Commercial wood processing.
(8) 
Fueling station.
(9) 
Mineral extraction (except as permitted in § 10-1.25, Mineral extraction).
(10) 
Hospital.
(11) 
Junkyard.
(12) 
Manufacturing, processing, treatment/extraction.
(13) 
Medical clinic.
(14) 
Motor vehicle sales.
(15) 
Multifamily dwelling.
(16) 
Nursing home.
(17) 
Recycling center (except when a municipal use).
(18) 
Restaurant, drive-through.
(19) 
School.
(20) 
Timber harvesting.
(21) 
Two-family dwelling.
(22) 
Veterinary clinic.
(23) 
Warehousing and outside storage.
(24) 
Wholesale business.
(25) 
Unsolicited for-profit vending.
[Added 10-9-2010 TM by Art. 12]
(a) 
Unsolicited for-profit vending. The Town of Frye Island does not permit unsolicited for-profit vendors, either mobile or stationary, in temporary or permanent locations, except when participating in vendor events. Exceptions to this district zoning regulation are bulletin boards specifically designated by the Town for advertisements of products or services. Persons or entities delivering to one owner cannot then actively go door to door offering products or services to others that have not requested their products or services.
(b) 
Enforcement. Fines for each solicitation event will be a warning for the first event, provided the offending solicitor immediately ceases solicitation activities once warned by FIPD. If the solicitor continues their activities after being warned, each subsequent offense is to be no fined at no less than $150 per offense.
B. 
A use not contained is the above list is, nevertheless, not permitted in a particular district unless it is stated as a permitted use for that district in the appropriate section above.