A. 
Official Shoreland Zoning Map.
(1) 
The areas to which this Part 3 is applicable are hereby divided into the following districts as shown on the Official Shoreland Zoning Map, which is made a part of this Part 3:
(a) 
Resource Protection District.
(b) 
Stream Protection District.
(c) 
Shoreland Development Overlay District.
(2) 
The Official Shoreland Zoning Map shall be combined with the existing Zoning Map of the Town of Frye Island.
B. 
Scale of map. The Official Shoreland Zoning Map shall be drawn at a scale of one inch equals 1,500 feet. District boundaries shall be clearly delineated, and a legend indicating the symbols for each shall be placed on the map.
C. 
Certification of Official Shoreland Zoning Map. The Official Shoreland Zoning Map shall be certified by the attested signature of the Municipal Clerk and shall be located in the appropriate Town office.
D. 
Changes. If amendments, in accordance with § 10-3.8 above and Part 1, Zoning, Article X, are made in the district boundaries or other matter portrayed on the Official Shoreland Zoning Map, such changes shall be made on the Official Shoreland Zoning Map within 30 days after the amendment has been approved by the Commissioner of Environmental Protection.
Unless otherwise set forth on the Official Shoreland Zoning Map, district boundary lines are property lines, the center lines of streets, roads, and rights-of-way, and the boundaries of the shoreland area as defined herein. Where the Code Enforcement Officer cannot determine the exact location of any district boundary line, the Board of Appeals shall be the final authority as to location, pursuant to § 10-1.11, District boundaries.
A. 
Requirement to conform. Except as specified in this section or other more restrictive sections of this Part 3, no building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, expanded, moved, or altered, and no new lot shall be created within the Shoreland Zone except in conformity with all of the regulations herein specified for the district in which it is located, unless a variance is granted.
B. 
Continuation of nonconforming lots, buildings, structures, and land uses. Nonconforming lots, buildings, structures, and land uses that existed before the effective date of this Part 3 shall be allowed to continue, subject to the requirements set forth in this and other sections, unless otherwise specified herein. Except as otherwise provided in this Part 3, a nonconforming condition shall not be permitted to become more nonconforming.
[Amended 10-9-2010 TM by Art. 11]
A. 
Purpose. It is the intent of this Part 3 to promote land use conformities, except that nonconforming conditions that existed before the effective date of this Part 3 shall be allowed to continue, subject to the requirements set forth in this section.
B. 
General.
(1) 
Transfer of ownership. Nonconforming structures, lots, and uses may be transferred, and the new owner may continue the nonconforming use or continue to use the nonconforming structure or lot, subject to the provisions of this Part 3.
(2) 
Repair and maintenance. This Part 3 allows the normal upkeep and maintenance of nonconforming uses and structures, including repairs or renovations which do not involve expansion of the nonconforming use or structure, and such other changes in a nonconforming use or structure as federal, state, or local building and safety codes may require, provided that a building permit is first obtained from the Code Enforcement Officer, as required by §§ 10-1.44 and 10-1.45.
C. 
Nonconforming structures.
(1) 
Expansions.
(a) 
If nonconformity is not increased. A nonconforming structure in the Shoreland Zone may be added to or expanded after obtaining a permit from the same permitting authority as that for a new structure, if such addition or expansion does not increase the nonconformity of the structure and does not exceed the further limitations of Subsection C(1)(b) immediately below. Section 10-1.39C shall not apply to expansions of nonconforming structures in the Shoreland Zone.
(b) 
Further limitations.
[1] 
After January 1, 1989, if any portion of a structure is less than the required shore setback from the normal high-water line of Sebago Lake or upland edge of a wetland, that portion of the structure shall not be expanded in floor area or volume by 30% or more during the lifetime of the structure.
[2] 
Construction or enlargement of a foundation beneath the existing structure shall not be considered an expansion of the structure, provided that all of the following conditions are met:
[a] 
The structure and new foundation are placed such that the shore setback requirement is met to the greatest practical extent as determined by the Planning Board, basing its decision on the criteria specified in Subsection C(2), Relocation, below.
[b] 
The completed foundation does not extend beyond the exterior dimensions of the structure.
[c] 
The foundation does not cause the structure to be elevated by more than three additional feet as measured from the uphill side of the structure (from original ground level to the bottom of the first floor sill).
[Amended 10-9-2010 TM by Art. 11]
[3] 
No structure which is less than the required shore setback from the normal high-water line of Sebago Lake, tributary stream, or upland edge of a wetland shall be expanded toward the Lake, tributary stream, or wetland. An expansion towards Sebago Lake or a wetland is an expansion that decreases the shortest existing nonconforming setback distance from the shore. This distance shall not take into account the reduction in setback resulting from stairways.
(2) 
Relocation.
(a) 
Standards.
[1] 
A nonconforming structure may be relocated within the boundaries of the parcel on which the structure is located, provided that the following conditions are met:
[a] 
The site of relocation conforms to all shore setback requirements to the greatest practical extent as determined by the Planning Board.
[b] 
The applicant demonstrates that the present subsurface sewage disposal system meets the requirements of state law and the State of Maine Subsurface Wastewater Disposal Rules ("rules"), or that a new system can be installed in compliance with the law and said rules.
[2] 
In no case shall a structure be relocated in a manner that causes the structure to be more nonconforming.
(b) 
In determining whether the building relocation meets the shore setback to the greatest practical extent, the Code Enforcement Officer shall consider the size of the lot, the slope of the land, the potential for soil erosion, the location of other structures on the property and on adjacent properties, the location of the septic system and other on-site soils suitable for septic systems, and the type and amount of vegetation to be removed to accomplish the relocation. When it is necessary to remove vegetation within the water or wetland setback area in order to relocate a structure, the Planning Board shall require replanting of native vegetation to compensate for the destroyed vegetation. In addition, the area from which the relocated structure was removed must be replanted with vegetation. Replanting shall be required as follows:
[Amended 10-9-2010 TM by Art. 11]
[1] 
Trees removed in order to relocate a structure must be replanted with at least one native tree, three feet in height, for every tree removed. If more than five trees are planted, no one species of tree shall make up more than 50% of the number of trees planted. Replaced trees must be planted no further from the water or wetland than the trees that were removed. Other woody and herbaceous vegetation and ground cover that are removed or destroyed in order to relocate a structure must be re-established. An area at least the same size as the area where vegetation and/or ground cover was disturbed, damaged, or removed must be reestablished within the setback area. The vegetation and/or ground cover must consist of similar native vegetation and/or ground cover that was disturbed, destroyed, or removed.
[2] 
Where feasible, when a structure is relocated on a parcel the original location of the structure shall be replanted with vegetation, which may consist of grasses, shrubs, trees, or a combination thereof.
(3) 
Reconstruction or replacement.
(a) 
Any nonconforming structure which is located less than the required shore setback from the normal high-water line of Sebago Lake, tributary stream, or upland edge of a wetland and which is removed, or damaged, or destroyed by more than 50% of the market value of the structure before such damage, destruction or removal may be reconstructed or replaced, provided that a permit is obtained within one year of the date of said damage, destruction, or removal, and provided that such reconstruction or replacement is in compliance with the water setback requirement to the greatest practical extent as determined by the Planning Board in accordance with the purposes of this Part 3. In no case shall a structure be reconstructed or replaced so as to increase its nonconformity. If the reconstructed or replacement structure is less than the required setback it shall not be any larger than the original structure, except as allowed pursuant to Subsection C(1) above, as determined by the nonconforming floor area and volume of the reconstructed or replaced structure at its new location. If the total amount of floor area and volume of the original structure can be relocated or reconstructed beyond the required setback area, no portion of the relocated or reconstructed structure shall be replaced or constructed at less than the setback requirement for a new structure. When it is necessary to remove vegetation in order to replace or reconstruct a structure, vegetation shall be replanted in accordance with Subsection C(2) above.
[Amended 10-9-2010 TM by Art. 11]
(b) 
Any nonconforming structure which is damaged or destroyed by 50% or less of the market value of the structure, excluding normal maintenance and repair, may be reconstructed in place with a permit from the Code Enforcement Officer.
(c) 
In determining whether the building reconstruction or replacement meets the shore setback to the greatest practical extent, the Code Enforcement Officer shall consider, in addition to the criteria in Subsection C(2) above, the physical condition and type of foundation present, if any.
(4) 
Change of use of a nonconforming structure.
(a) 
The use of a nonconforming structure may not be changed to another use, except for a conforming use, unless the Code Enforcement Officer, after receiving a written application, determines that the new use will have no greater adverse impact on Sebago Lake or a wetland, or on the subject or adjacent properties and resources, than the existing use.
(b) 
Section 10-1.39C shall not apply to changes in the use of nonconforming structures located wholly within the Shoreland Zone. For changes in the use of nonconforming structures located partially within the Shoreland Zone, § 10-1.39D, shall apply only to that portion of the structure which is located outside the Shoreland Zone and is nonconforming with respect to the zoning standards of Part 1.
(c) 
In determining that no greater adverse impact will occur, the Planning Board shall require written documentation from the applicant regarding the probable effects of the proposed change of use on: public health and safety, erosion and sedimentation, water quality, fish and wildlife habitat, vegetative cover, visual and actual points of public access to waters, natural beauty, floodplain management, archaeological and historic resources, and functionally water-dependent uses.
D. 
Nonconforming uses.
(1) 
Expansions.
(a) 
Expansions of nonconforming uses are prohibited, except that nonconforming residential uses may, after obtaining a permit from the Code Enforcement Officer, be expanded within existing residential structures or within expansions of such as permitted in Subsection C(1)(b), above.
(b) 
Section 10-1.39, Subsections C and D, shall not apply to expansions of nonconforming uses located wholly within the Shoreland Zone. For expansions of nonconforming uses located partially within the Shoreland Zone, § 10-1.39C and D shall only apply to those portions of expansions of nonconforming uses located outside the Shoreland Zone. For expansions of nonconforming uses located partially within the Shoreland Zone, § 10-1.39C and D shall only apply to those portions of expansions of nonconforming uses located outside the Shoreland Zone.
[Amended 10-9-2010 TM by Art. 11]
(2) 
Resumption prohibited. A lot, building or structure in or on which a nonconforming use is discontinued for a period exceeding one year, or which is superseded by a conforming use, may not again be devoted to a nonconforming use, except that the Code Enforcement Officer may, for good cause shown by the applicant, grant up to a one-year extension to that time period. This provision shall not apply to the resumption of a use of a residential structure, provided that the structure has been used or maintained for residential purposes during the preceding five-year period.
(3) 
Change of use.
(a) 
An existing nonconforming use may be changed to another nonconforming use, provided that the proposed use has no greater adverse impact on the subject and adjacent properties and resources than the former use, as determined by the Code Enforcement Officer. The determination of "no greater adverse impact" shall be made according to criteria listed in Subsection C(4) above.
(b) 
Part 1, Zoning, § 10-1.39, Subsection E shall not apply to changes from one nonconforming use to another when the uses in question are located wholly within the Shoreland Zone. For changes from one nonconforming use to another when one or both uses are located partially within the Shoreland Zone, § 10-1.39, Subsection E shall apply only to those portions of either or both uses which are located outside the Shoreland Zone and are nonconforming with respect to the Part 1 zoning standards.
E. 
Nonconforming lots.
(1) 
Nonconforming lots. A nonconforming lot of record as of the effective date of this Part 3 or amendment thereto may be built upon without the need for a variance, provided that such lot is in separate ownership and not contiguous with any other lot in the same ownership, and provided that all provisions of this Part 3 except lot size and frontage can be met. Variances relating to setback or other requirements not involving lot size or frontage shall be obtained by action of the Board of Appeals.
(2) 
Contiguous built lots.
(a) 
If two or more contiguous lots or parcels are in a single or joint ownership of record at the time of adoption or amendment of this Part 3, and if all or part of the lots do not meet the dimensional requirements of this Part 3, and if a principal use or structure exists on each lot, the nonconforming lots may be conveyed separately or together, provided that the State Minimum Lot Size Law and Subsurface Wastewater Disposal Rules are complied with.
(b) 
If two or more principal uses or structures existed on a single lot of record on the effective date of this Part 3, each may be sold as a separate lot, provided that the above-referenced law and rules are complied with. When such lots are divided, each lot thus created must be as conforming as possible to the dimensional requirements of this Part 3.
(3) 
Contiguous lots vacant or partially built.
(a) 
Two or more contiguous lots or parcels shall be combined to the extent necessary to meet the dimensional requirements if all of the following conditions apply:
[1] 
They are in single or joint ownership of record at the time of or since adoption or amendment of this Part 3.
[2] 
Any of these lots does not individually meet the dimensional requirements of this Part 3 or subsequent amendments.
[3] 
One or more of the lots are vacant or contain no principal structure.
(b) 
This provision shall not apply to two or more contiguous lots, at least one of which is nonconforming, owned by the same person or persons on the effective date of this Part 3 and recorded in the Cumberland County Registry of Deeds, if both of the following conditions can be met:
[1] 
The lot is served by a public sewer or can accommodate a subsurface sewage disposal system in conformance with the State of Maine Subsurface Wastewater Disposal Rules.
[2] 
One or the other of the following two conditions is met:
[a] 
Each lot contains at least 100 feet of shore frontage and at least 20,000 square feet of lot area.
[b] 
Any of the lots not meeting the frontage and lot size requirements of Subsection E(3)(b)[1] immediately above are reconfigured or combined so that each new lot contains at least 100 feet of shore frontage and 20,000 square feet of lot area.
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.
All land use activities, as indicated in Table 3.14-1 below, Land Uses in the Shoreland Zone, shall conform with all of the applicable land use standards in Article III of this Part 3. The district designation for a particular site shall be determined from the Official Shoreland Zoning Map.
Table 3.14-1
Land Uses in the Shoreland Zone
Land Use
District
SP
RP
SDO
A. Principal Structures and Uses
1.
Agriculture
Yes
PB
CEO
2.
Aquaculture
PB
PB
PB
3.
Business and professional offices
No
No
PB
4.
Campsites, individual private
CEO
CEO
CEO
5.
Churches
No
No
PB
6.
Commercial recreation
No
No
PB
7.
Conversion of seasonal residences to year-round residences
LPI
No
LPI
8.
Day-care centers/nursery schools
No
No
PB
9.
Day-care homes, licensed
No
No
PB
10.
Hotels
No
No
PB
11.
Manufactured housing units
No
No
CEO
12.
Marinas and boat storage
No
No
PB
13.
Motels
No
No
PB
14.
Private clubs
No
No
PB
15.
Recreational areas, both public and private, involving minimal structural development
PB
PB
PB
16.
Research facilities
No
No
PB
17.
Restaurants
No
No
PB
18.
Retail business, 2,000 square feet or less
No
No
PB
19.
Retail businesses, more than 2,000 square feet
No
No
PB
20.
Single-family dwellings
PB2
PB5
CEO
21.
Small nonresidential facilities for education, scientific or nature interpretation purposes
PB2
PB
PB
B. Accessory Structures and Uses
22.
Home occupations
PB
No
PB
23.
Parking facilities
No
No
PB
24.
Piers, docks, wharves, bridges, and other structures and uses extending over or below the normal high-water line or within a wetland — temporary
CEO
CEO
CEO
25.
Piers, docks, wharves, bridges, and other structures and uses extending over or below the normal high-water line or within a wetland — permanent
PB
PB
PB
26.
Private sewage disposal systems for allowed uses
LPI
No
LPI
27.
Service drops to allowed uses
Yes
Yes
Yes
28.
Structures accessory to allowed uses
PB2
PB
CEO
29.
Tradesman
No
No
PB
C. General Activities Not Necessarily Associated with Specific Lots
30.
Clearing of vegetation for approved construction and other allowed uses
CEO
CEO1
Yes
31.
Driveway construction
PB
No4
PB
32.
Emergency operations
Yes
Yes
Yes
33.
Essential services
PB3
PB3
PB
34.
Filling and earth moving of less than 10 cubic yards
CEO
CEO
CEO
35.
Filling and earth moving of 10 cubic yards or more
PB
PB
PB
36.
Fire prevention activities
Yes
Yes
Yes
37.
Forest management activities except for timber harvesting (forestry)
Yes
Yes
Yes
38.
Motorized vehicular traffic on existing roads and trails
Yes
Yes
Yes
39.
Recreational uses that are nonintensive and do not require structures, such as hunting, fishing and hiking
Yes
Yes
Yes
40.
Road construction
PB
No4
PB
41.
Signs
Yes
Yes
Yes
42.
Soil and water conservation practices
Yes
Yes
Yes
43.
Surveying and resource analyses
Yes
Yes
Yes
44.
Uses similar to allowed uses
CEO
CEO
CEO
45.
Uses similar to uses requiring a CEO permit
CEO
CEO
CEO
46.
Uses similar to uses requiring a PB permit
PB
PB
PB
47.
Wildlife management practices
Yes
Yes
Yes
Key to Table Entries:
Yes
Allowed (no permit required but the use must comply with applicable land use standards)
No
Prohibited
PB
Requires shoreland zoning approval by the Planning Board
CEO
Requires shoreland zoning approval by the Code Enforcement Officer
LPI
Requires permit issued by the Local Plumbing Inspector
Districts in the Shoreland Zone:
SP
Stream Protection
RP
Resource Protection
SDO
Shoreland Development Overlay
Table Notes:
1.
In Resource Protection District, not permitted within 75 feet of the normal high-water line of Sebago Lake, except to remove safety hazards.
2.
Provided that a variance from the shore setback requirement is obtained from the Board of Appeals.
3.
See further restrictions in § 10-3.26.
4.
Except to provide access to permitted uses within the district, or where no reasonable alternative route or location is available outside the RP area, in which case shoreland zoning approval is required from the Planning Board.
5.
A single-family dwelling may be allowed by special exception only according to the provisions of § 10-3.44, Special exceptions.