[Amended 3-28-2009 ATM by Art. 21]
The purpose of the Shoreland Limited Residential
District is to discourage additional intensive development in these
areas and to protect the water quality and visual beauty of these
valuable resources.
[Amended 3-28-2009 ATM by Art. 21]
The location and boundaries of the Shoreland
Limited Residential District are established as shown on the Official
Zoning Map and are a part of this chapter. The intent of this Map
is to include in the Shoreland Limited Residential District those
land areas not included in the Resource Protection District or Stream
Protection District which are:
[Amended 3-11-1995 ATM by Art. 18; 3-11-2006 ATM by Art. 24]
Except for legal nonconformities, buildings or land used or occupied, and buildings erected, constructed, reconstructed, moved, or structurally altered, whether requiring a land use permit or not, must comply with the requirements of Articles XVII and XVIII (general and specific performance standards) of this chapter and the following dimensional requirements:
C.
Minimum shore frontage: 200 feet.
D.
Minimum yard dimensions.
(1)
Setback from street right-of-way: 50 feet.
(2)
Side setback: 25 feet.
(3)
Rear setback: 25 feet.
(4)
Setback from normal high-water line of any water body,
tributary stream, or freshwater or forested wetland: 100 feet, horizontal
distance.
[Amended 3-28-2009 ATM by Art. 21]
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Notes: A tributary stream may be
perennial or intermittent. Where a tributary stream is present within
the Shoreland Limited Residential Zone, setback standards from that
tributary stream are applicable. The water body, tributary stream,
or wetland setback provisions shall neither apply to structures which
require direct access to the water body or wetland as an operational
necessity, such as piers, docks and retaining walls, nor to other
functionally water-dependent uses.
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(5)
Setback from normal high-water line, for small accessory
structures only. 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 water body, 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
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.
[Added 3-28-2009 ATM by Art. 21]
E.
Maximum lot coverage: 20%. The total footprint area
of all structures, parking lots, driveways and other nonvegetated
surfaces, within the Shoreland Limited Residential District shall
not exceed 20% of the lot or a portion thereof, located within the
Shoreland Limited Residential District, including land area previously
developed. Naturally occurring ledge and rock outcroppings are not
counted as nonvegetated surfaces when calculating lot coverage for
lots of record on March 24, 1990, and in continuous existence since
that date.
[Amended 3-28-2009 ATM by Art. 21; 3-26-2016 ATM by Art. 22]
F.
Additional dimensional requirements for structures
in the Shoreland Limited Residential District.
[Added 3-28-2009 ATM by Art. 21]
(1)
Land below the normal high-water line of a water body
or upland edge of a wetland and land beneath roads serving more than
two lots shall not be included toward calculating minimum lot area.
(2)
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.
(3)
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.
(4)
If more than one 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 additional
dwelling unit, principal structure, or use.
(5)
The lowest floor elevation or openings of all buildings
and structures, including basements, shall be elevated at least one
foot 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. Accessory structures
may be placed in accordance with the standards of the Floodplain Management
Ordinance and need not meet the elevation requirements of this paragraph.
(6)
Notwithstanding the requirements 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.
(7)
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:
(a)
The site has been previously altered and an
effective vegetated buffer does not exist;
(b)
The wall(s) is(are) at least 25 feet, horizontal
distance, from the normal high-water line of a water body, tributary
stream, or upland edge of a wetland;
(c)
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;
(d)
The total height of the wall(s), in the aggregate,
are no more than 24 inches:
(e)
Retaining walls are located outside of the one-hundred-year
floodplain on rivers, streams, 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.
(f)
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
(g)
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:
(i)
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;
(ii)
Vegetation plantings must be in
quantities sufficient to retard erosion and provide for effective
infiltration of stormwater runoff;
(iii)
Only native species may be used
to establish the buffer area;
(iv)
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;
(v)
A footpath not to exceed the standards in the
section above, may traverse the buffer;
The permitted uses are those indicated in Article V of this chapter.
