Throughout the Shoreland Zone, all existing zoning regulations, including but not limited to permitted uses, special exception uses, space standards and performance standards, in the underlying, existing Part
1 zoning district shall be in effect, unless such regulations are less restrictive than the applicable regulations of this Part
3, in which case the more restrictive standards of this Part
3 shall apply. In shoreland areas adjacent to Sebago Lake and adjacent to streams flowing to it, neither the underlying zoning nor the provisions of this Part
1 shall be amended to establish new areas or expand existing areas in which industrial uses are permitted, either as permitted uses or special exception uses. In such areas, in all cases, the provisions of §
10-3.20, Prohibited uses, of this Part
3 shall apply.
A. Resource Protection District. The Resource Protection District includes areas in which development could adversely affect water quality, productive habitat, biological ecosystems, or scenic and natural values. This district shall include the following areas when they occur within the limits of the Shoreland Zone, exclusive of the Stream Protection District, except that areas which are currently developed need not be included within the Resource Protection District:
(1) Areas within 250 feet, horizontal distance, of the upland edge of a nonforested wetland, and wetlands associated with Sebago Lake, which are rated "moderate" or "high" value by the Maine Department of Inland Fisheries and Wildlife (MDIF&W) that are depicted on a Geographic Information System (GIS) maintained by either MDIF&W or the Department as of May 1, 2006. For the purposes of this subsection, "wetlands associated with Sebago Lake" shall mean areas characterized by nonforested wetland and hydric soils that are contiguous with Sebago Lake, and have a surface elevation at or below the water level of Sebago Lake during the period of normal high water. Wetlands associated with Sebago Lake are to be considered part of Sebago Lake.
[Amended 10-9-2010 TM by Art. 11]
(2) Areas of two or more contiguous acres with sustained slopes of 20% or greater.
(3) Areas of two or more contiguous acres supporting wetland vegetation and hydric soils located anywhere within the Shoreland Zone which are not part of a nonforested wetland, as defined, and which are not surficially connected to Sebago Lake during normal spring water.
(4) All land areas within nonforested wetlands, as defined herein.
B. Stream Protection District. The Stream Protection District includes all land areas within 75 feet, horizontal distance, of the normal high-water line of a stream, exclusive of those areas within 250 feet, horizontal distance, of the normal high-water line of Sebago Lake, or within 250 feet, horizontal distance, of the upland edge of a nonforested wetland, or as shown on the Official Shoreland Zoning Map. Where a stream and its associated shoreland area is located within 250 feet, horizontal distance, of the above lake or wetlands, that land area shall be regulated under the terms of the shoreland district associated with that lake or wetland.
C. Shoreland Development Overlay District. The Shoreland Development Overlay District includes all land areas in the Shoreland Zone that are not designated as being in the Resource Protection District or the Stream Protection District.