[Amended 3-28-2009 ATM by Art. 21]
The Zoning Ordinance contained in the Code of the Town of Alfred as Chapter
160 is hereby replaced by this chapter. The municipal regulation of timber harvesting activities is repealed on the statutory date established under 38 M.R.S.A. § 438-A(5), at which time the State of Maine Department of Conservation's Bureau of Forestry shall administer timber harvesting standards in the Shoreland Zone. On the date established under 38 M.R.S.A § 438-B(5), the following provisions of this ordinance are repealed:
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Section 160-32, District regulations, Line 16.2.1 (Forest management operations) and Line 16.2.2 (Timber harvesting);
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Section 160-143, Timber harvesting within the Shoreland Zone, in its entirety; and
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Section 160-14, Definitions, the definitions of "forest management activities" and "residual basal area."
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[Amended 3-28-2009 ATM by Art. 21]
This chapter is adopted pursuant to the enabling
provisions of Article VIII-A of the Maine Constitution, the provisions
of 30-A M.R.S.A. § 3001 (Home Rule), 30-A M.R.S.A. § 4311
et seq., and 38 M.R.S.A. § 435 — 449.
[Amended 3-28-2009 ATM by Art. 21]
This chapter is to be known and may be cited
as the "Zoning Ordinance of the Town of Alfred, Maine." A certified
copy of this ordinance shall be filed with the Municipal Clerk and
shall be accessible to any member of the public. Copies shall be made
available to the public at reasonable cost at the expense of the person
making the request. Notice of availability of this ordinance shall
be posted.
[Amended 3-28-2009 ATM by Art. 21]
Except as hereinafter specified, 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 except in conformity with all of the regulations herein specified for the district in which it is located, unless a variance is granted, pursuant to §
160-160.
The following general requirements apply in
all districts:
A. Mixed uses on a single parcel of land shall only be permitted according to the provisions of §
160-39, the parking requirements of §
160-98, and the dimensional requirements of the district in which the uses are located.
[Amended 3-9-2007 ATM by Art. 25]
B. No part of the yard or other open space required on
any lot for any building may be included as part of the yard or open
space required for another building or lot.
C. No principal or accessory building shall exceed 35
feet in height. Features of buildings and structures with no floor
area, such as chimneys, towers, solar energy systems, ventilators,
and spires, may exceed 35 feet in height, but must be set back from
the nearest lot line a distance equal to at least the height of such
feature or structure.
[Amended 3-28-2009 ATM by Art. 21]
D. All new building lots must be laid out so that at
least 20,000 square feet of the land area has a ground slope not exceeding
15% and has soils where the seasonal high-water table is more than
15 inches below the surface.
E. Where a residential structure is legally in existence
on the date of adoption of this chapter, no new lot containing such
structure may be created which does not meet the minimum lot size
requirements in that district.
F. For the purposes of zoning, all municipal boundaries
shall be considered lot line.
[Added 5-11-1998 STM by Art. 3]
Captions and headings within this chapter are
an integral part of the chapter and are intended to be utilized in
determining the meaning and applicability of the sections they identify.
[Amended 3-28-2009 ATM by Art. 21]
Whenever a provision of this chapter conflicts
with or is inconsistent with another provision of this chapter or
of any other chapter, regulation, or statute administered by the Town,
the provision imposing the greater restriction upon the use of land,
buildings, or structures shall control.
[Amended 3-28-2009 ATM by Art. 21]
Should any section or part of a section or any
provision of this chapter be declared by the courts to be unconstitutional
or invalid, such declaration shall not invalidate the chapter as a
whole or any part thereof other than the part so declared to be unconstitutional
or invalid.
No proposal to amend, repeal, or replace this
chapter which has been unfavorably acted upon by any Town Meeting
may be considered by any Town Meeting within two years after the date
of such unfavorable action unless the adoption of the proposal is
recommended by unanimous vote of the Planning Board.