To implement the provisions of this chapter,
the municipality of South Berwick is hereby divided into the following
districts:
A.Â
Residential zones:
R1
|
Village Residential District
| |
R1A
|
Village Residential Growth District
| |
R2
|
Developing Residential District
| |
R2A
|
Suburban Growth District
| |
R3
|
Transitional Residential District
| |
R4
|
Rural Residential District
| |
R5
|
Agamenticus Resource District
|
B.Â
Business zones:
B1
|
Central Commercial District
| |
B2
|
Mixed-Use District
| |
BR
|
Business Residential
[Added 5-11-2009] |
C.Â
Industrial zones:
I1
|
Industrial District
| |
I2
|
Industrial District
[Added 5-11-2009] |
D.Â
Overlay zones:
RP
|
Resource Protection District
| |
SP
|
Shoreland/Slope District
| |
RO
|
Rural Overlay Zone (R4 and R5 Districts)
| |
MFW
|
Minor Freshwater Wetland
|
A.Â
Said districts are located as shown on the Official Zoning Map, entitled "Zoning Map of South Berwick, Maine," based upon the written descriptions contained in § 140-12 of this chapter, dated and on file in the office of the Town Clerk. The Official Map shall be signed by the Town Clerk and Chairman of the Town Council at the time of adoption or amendment of this chapter, certifying the date of such adoption or amendment. Additional copies of the Zoning Map may be seen in the municipal offices.
A.Â
Resource Protection District - RP.
(1)Â
All land within 250 feet from the normal high-water
line (as measured from the upland edge of the associated wetland)
of the following water bodies:
[Amended 6-15-2009]
(a)Â
Round Pond.
(b)Â
Warren Pond.
(c)Â
Knights Pond and its outlet.
(d)Â
Ogunquit Brook.
(e)Â
Chicks Brook, upstream of Emery's Bridge Road.
(f)Â
White Marsh Brook.
(g)Â
Cox Pond and its outlet to White Marsh Brook.
(h)Â
Hoopers Swamp.
(i)Â
Leighs Mill Pond.
(j)Â
Salmon Falls River/Piscataqua River to its tidal
limits.
(k)Â
Freshwater wetlands, salt marshes, salt meadows,
and wetlands associated with great ponds and rivers which are rated
"high" or "moderate" value by the Department of Inland Fisheries and
Wildlife (IFW) based on their most recent mapping.
(2)Â
The Great Works River in the R3 and R4 Districts (as
measured from the edge of the river channel).
(3)Â
The following resources to their boundary limits:
(a)Â
Coastal wetlands.
(b)Â
All one-hundred-year floodplains.
(c)Â
Major freshwater wetlands.
(d)Â
Minor freshwater wetlands.
(e)Â
Areas of two or more contiguous acres with sustained slopes of 20% or greater when located within a Shoreland and Slope District (§ 140-12B).
(f)Â
Land areas along rivers subject to severe erosion,
undercutting, or river bed movement and lands adjacent to tidal waters
which are subject to severe erosion or mass movement, such as a coastal
bluff.
(g)Â
For the purpose of this section, the Resource Protection District shall be a three-hundred-foot radius from a wellhead. However, the Protection District from the Junction Road wellhead shall be an area as described in the Caswell, Eichler, and Hill study "Hydro Geological Evaluation of Bedrock Well at Junction Road Site, South Berwick, Maine, September, 1994." These zones will be established only after public notice and a public hearing in accordance with § 140-6 of this chapter. For all new wellhead protection areas, Resource Protection Zones will be based on hydrogeological studies/recommendations and will be established according to § 140-6.
[Amended 6-15-2009]
(h)Â
Vaughan Woods.
(i)Â
All areas mapped as very poorly drained soils
on the medium-intensity Soil Survey of York County, Maine. In the
event that a soil classification boundary designating the limits of
the Resource Protection District is challenged by a landowner or abutters,
the landowner or abutters shall present evidence that the land in
question does not contain soils which are classified as being very
poorly drained by the United States Soil Conservation Service. A high-intensity
soil survey performed by a registered soil scientist, licensed in
the state of Maine, may constitute such evidence.
B.Â
Shoreland and Slope District - SP.
(1)Â
Unless previously classified as Resource Protection,
all land within 250 feet horizontally of the normal high-water line,
as measured from the edge of the stream channel, of the following
water bodies:
(a)Â
Dennett Brook.
(b)Â
Boyd Brook.
(c)Â
Great Works River in the R1 and R2 Districts
(the high-water line shall be measured from the edge of any associated
wetland).
(d)Â
Chicks Brook, downstream of Emery's Bridge Road.
(e)Â
Frost Brook.
(f)Â
Lover's Brook.
(g)Â
Shorey's Brook.
(h)Â
Quamphegan Brook.
(i)Â
Lord Brook.
(j)Â
Hoopers Brook.
(k)Â
Knights Brook.
(l)Â
Warren Brook, south of Bicknel Mountain.
(m)Â
Hussey Brook, north of Great Hill.
(n)Â
Bennett Brook.
(o)Â
Hamilton Brook.
(p)Â
Driscoll Brook.
(q)Â
Salmon Falls River above Route 4 (high-water
line shall be measured from the edge of any associated wetland).
(2)Â
Land within 250 feet of a major freshwater wetland
boundary.
(3)Â
Land within 250 feet of a coastal wetland boundary.
(4)Â
Any other free-flowing body of water, not listed above,
which flows from the outlet of a great pond or the confluence of two
perennial streams as depicted on the most recent edition of a United
States Geological Survey 7.5 minutes series topographic map, to the
point where the body of water becomes a river.
C.Â
Village Residential District - R1: that land immediately
surrounding the village more particularly bounded: beginning at the
thread of the Salmon Falls River on lower Main Street and proceeding
downstream to the confluence of the Great Works and Salmon Falls River
below Leigh’s Mill Pond; then proceeding in an easterly direction
through the center of Leigh’s Mill Pond and the thread of the
Great Works River to the bridge on Brattle Street then extending 200
feet on Brattle Street in a northerly direction to the intersection
of Route 236; then following the center line of Route 236 for 200
feet to the intersection of Academy Street; whereupon the boundary
shall extend 300 feet northeasterly or to the rear lot line, whichever
is closest from the center line to the intersection of Academy Street
and Drury Lane; then proceeding in an easterly direction then northerly
along the westerly side of Map 32, Lot 71 to the northwest corner
of the lot; then along the rear lot lines of Map 32, Lots 53 - 71
in the Old Mill Subdivision; then proceeding down the side lot line
of Lot 53 to the intersection of Alder Drive; then extending down
the center line of Alder Drive to the intersection of Hickory Lane;
at Hickory Lane extending 129 feet along the lot line abutting Alder
Drive and then continuing along the rear lot lines of Map 35, Lots
5 - 10; then proceeding across the outlet stream to the Great Works
River to the rear of Map 35, Lot 14; then proceeding along the rear
lot lines of Map 35, Lots 14 - 40. At the northwest corner of Map
35, Lot 40 extending in a northwesterly direction to Agamenticus Road
then continuing in a southwesterly direction whereupon the boundary
shall extend 300 feet northeasterly or to the rear lot line whichever
is closest from the center line of Agamenticus Road to a point 275
feet northeasterly from the intersection with Portland Street; then
proceeding in a northerly direction along a line 275 feet southeast
of and parallel to the Portland Street center line to the Berwick
Town line then proceeding in a northerly then westerly direction along
the Berwick Town line until the point of beginning; excepting those
lands which are described in Zoning Districts B1, B2 or BR.
[Amended 5-11-2009; 10-11-2011]
D.Â
Village Residential Growth District - R1A: all land
bounded by a point beginning at a point where Old South Road intersects
Route 236; then proceeding along the center line of Route 236 to the
point where the Great Works River crosses Route 236; then following
the thread of the Great Works River and Leighs Mill Pond to the bridge
over Vine Street; at the Vine Street Bridge proceeding along the center
line of Vine Street in a southerly direction to the intersection of
Brattle Street; then proceeding along the center line of Brattle Street
to the intersection of Old South Road; then following the center line
of Old South Road to the point of beginning; excepting those lands
subsequently described in another zoning district.
E.Â
Developing Residential District - R2: that land generally
surrounding the village; more particularly that land lying to the
north and east of the R1 District described above and bounded by:
the thread of Lover's Brook at the Town line; proceeding along the
thread of Lover's Brook to the Great Works River; then continuing
along the thread of the Great Works River to the Brattle Street Bridge;
and then all land lying to the east and north of the R1 boundary described
above; excepting those lands which are subsequently described in another
zoning district.
F.Â
Suburban Growth District - R2A: all land bounded by
a point beginning at Emery's Bridge and continuing easterly along
the center line of Emery's Bridge for approximately 5,500 feet to
the intersection of Witchtrot Road; then continuing down the center
line of Witchtrot Road to the intersection of Route 91; at Route 91
proceeding down the center line to the intersection of Route 236;
at Route 236 proceeding in a northerly direction for 1,500 feet to
a point where Route 236 crosses the Great Works River; then proceeding
upstream along the thread of the Great Works River to the point of
beginning.
G.Â
Transitional Residential District - R3: all land bounded
by a point beginning on Harvey Road at the North Berwick Town line
and proceeding along the center line of Harvey Road in an easterly
direction to Hooper Sands Road; then proceeding along the center line
of Hooper Sands in an easterly direction to Emery's Bridge Road; then
continuing north along the center line of Emery's Bridge Road to the
intersection of Belle Marsh Road; then proceeding in a southerly direction
along the center line of Belle Marsh Road to the York Town line; then
proceeding in a southwesterly direction along the York and Eliot Town
lines to Shorey's Brook and the Salmon Falls River; thence proceeding
in a northerly direction to the confluence of the Salmon Falls and
Great Works River; excepting those lands which are subsequently described
in another zoning district.
[Amended 10-11-2011]
H.Â
Rural Residential District - R4: all land bounded
by a point beginning on Harvey Road at the North Berwick line and
following the northern side for the R-3 District just described along
Hooper Sands Road to the intersection of Emery's Bridge Road; at Emery's
Bridge Road, extending in a northerly direction to the intersection
of Belle Marsh Road, whereupon the boundary shall extend 300 feet
to the southeast from the center line of Emery's Bridge Road and continue
in a northerly direction to the intersection of Ogunquit Road; at
Ogunquit Road proceeding along the center line in a southeasterly
direction for 500 feet to the intersection of Tufts Road; then proceeding
along the center line of Tufts Road to the Wells line; then continuing
in a northerly direction along the Wells Town line to a point joining
the Towns of Wells, North Berwick, and South Berwick; then proceeding
in a southwesterly direction to the point of beginning; excepting
those lands described in another zoning district.
[Amended 10-11-2011]
I.Â
Agamenticus Resource District - R-5: all land to the
east of the R4 district and to the north of the R3 District and encompassed
by the Wells, Ogunquit, and York Town lines.
J.Â
Industrial District.
[Amended 10-23-2006]
(1)Â
Industrial District - I1: From the center line of
Route 236 at the Eliot town line to the most western intersection
of the Map 2, Lot 9 proceeding easterly along the Eliot town line
to the most eastern intersection of Map 2, Lot 4 then turning northeasterly
and continuing along the common lot line of Map 2, Lot 4 and Lot 3,
then turning continuing westerly along a common lot line of Lot 4
and Lot 6, then turning westerly continuing along the common lot line
of Lot 5 and a Lot 6 to a point where Map 2, Lot 6 and Lot 5 at a
point on the old Shattuck Road; then continuing in a northerly direction
along an imaginary line from the point just described to a point where
Map 2, Lots 9, 10, and 11 intersect; then proceeding in an easterly
direction for approximately 300 feet to the intersection of Lots 10
and 12A; then proceeding northerly along Lots 10 and 12A lot lines
to a point where this line joins Map 2, Lot 13; then proceeding in
a westerly manner along this line to a point where Lots 10 and 13
common lot line joins at the intersection of Map 7, Lots 57 and 58;
then proceeding in a northerly direction for 1,400 feet to a point
where Lot 57 joins Lot 53; then proceeding in a westerly direction
along Lot 57 for approximately 762 feet to Map 1, Lot 27 power lines;
then proceeding along the same azimuth to the center line of Route
236; then proceeding in a southerly direction along the center line
of Route 236 to the Eliot Town Line.
(2)Â
Industrial District - I2: On the west side of Route
236 beginning at a point where Map 6, Lot 42 intersects Route 236
then proceeding 396 feet in a westerly direction to a point where
Lot 40B intersects Lot 42; then continuing another 200 feet to the
intersection of Lot 40B with Lot 20; then continuing in a northerly
direction for approximately 680 feet along Lot 20 the right-of-way
known as "Clark's Lane"; at Clark's Lane continuing in a northerly
direction along an imaginary line for approximately 1,300 feet to
the intersection of Map 6, Lot 17 with Lot 20; then continuing along
the rear lot lines of Map 6, Lots 17 and 5 in a northerly direction
for 1,300 feet to where Map 6, Lot 5 intersects with Map 7, Lot 4;
at this corner following an imaginary line in a northerly direction
bisecting Map 7, Lot 4 to a point on Fife's Lane 1,800 feet from the
intersection of Route 236; then following the center line of Fife's
Lane to the intersection of Route 236; then following the center line
of Route 236 to the point of beginning.
K.Â
Central Commercial District - B1: This district is
made up of five distinct areas consisting of the following Tax Map
and lot parcels: first, Map 31, Lots 77, 77A, 78, 79 and 80; and Map
11, Lot 25; second, Map 25, Lots 50 and 51; third, Map 31, Lot 132
and Map 28, Lots 71 and 72; fourth, Map 30, Lots 10, 11, 12, 13, 14,
15 (only the portion of Lot 15 bounded by Main Street and Driscoll
Brook), 16, 17, 18, 19, 23, 24, 25, 26, and 27; Map 31, Lots 8, 12,
13, 14, 15, 16, 17, 18, 19, 20, 21, 38, 39, 40, 52, 53, 54, 55, 55A,
56, 57, 58, 59, 60, 61, 62, 63, 63A; Map 28, Lots 4, 5, 6, 7, 9, 10,
10A, 12, 13, 14, 15, 18, 18A, 19, 20, 21, 22, 23, 24, 25, 37, 38,
39, 40, 41, 74, 75, 77, 78, 78A, 79, 80, 81, 82, 83, 141 (only the
portion of 141 bounded by Paul Street, Main Street and a line running
from the common corner of Map 28, Lot 170, and Map 28, Lot 136, northwesterly
to a point 430 feet from the intersection of Main and Paul Streets),
142, 143, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172,
and 173; Map 27, Lots 82 and 83; fifth, Tax Map 20, Lots 12, 14, 15,
and 17.
L.Â
Business and Service District - B2: all land bounded
by a point beginning at the intersection of the center line of Main
Street and Norton Street, then proceeding in a northwesterly direction
along Route 236 (Main Street and Berwick Road), rear lot line of Tax
Map 31, Lots 62A, 65, 66A, following north along Driscoll Brook to
the lot lines splitting Lots 47 and 46; north on Tibbetts Street to
the rear lot line of Lot 33, following in a northwesterly direction
along said lot line across High Street to rear lot line of Lot 31
to intersection of Lot 31 and 32 lot lines; then turning south along
Lot 32 lot line to Lot 23; then turning northwest following said lot
lines with lots 23 and 32 to the Berwick Town line, to a point 43
feet before the Boston and Maine Railroad line; then proceeding in
an easterly direction along the southern property line of an abandoned
railroad spur to the center line of Railroad Avenue; then proceeding
along the center line of Railroad Avenue in a southerly direction
to the rear property lines of Tax Map 31, Lot 114, continuing in an
easterly direction along the rear lot line of Lots 114, 115, 116,
117, 118, 119, and 120; turning in a southeast direction along center
line of Ross Street to the intersection and center line of Goodwin
Street, then turning southeast and following the center line of Goodwin
Street through Norton Street intersection end at a point being 275
feet from the center line of Portland Street; turning southwest along
side lot line of Map 28, Lot 97, following an imaginary line 275 feet
from the center line of Portland Street to the center line of Colcord
Street; proceeding in a northerly direction following the center line
of Colcord Street to the intersection of Norton Street and Colcord
Street; turning southwest along the center line of Norton Street to
the point of beginning; excepting those lands described in Zoning
District B1, specifically Map 31, Lot 132, and Map 28, Lots 71 and
72.
M.Â
Business
Residential District- BR: Beginning at the center line of Sewall Road;
at a point directly across from the rear lot line of Map 27 Lot 74
proceeding to the northerly corner; then proceeding westerly along
side line of Map 27 Lot 75 to the most westerly corner; then proceeding
northerly to the most northerly corner then proceeding westerly along
the side lot line of Map 27 Lot 77 to the most westerly corner; then
proceeding along the common line of Map 27 Lot 66, 65A to the most
easterly corner of Map 27 Lot 65A; then turning westerly along the
common line of Map 27 Lot 81 to the most northerly corner; then proceeding
easterly to the center line of Main Street; then proceeding southerly
along Main Street to Sewall Road; thence turning and running westerly
along Sewall Road to point of beginning.
[Added 5-11-2009]
A.Â
Where a zoning district boundary line divides a lot or parcel of land of the same ownership of record at the time such line is established by adoption or amendment of this chapter, the regulations applicable to the less-restricted portions of the lot may be extended not more than 50 feet into the more restricted portion of the lot, subject to the provisions of Subsection B below. This provision shall not apply to the Resource Protection and Shoreland Floodplain and Slope Districts.
B.Â
Extension of a use otherwise requiring site plan review
is subject to approval of the Planning Board and in accordance with
the criteria set forth in this chapter.
Shoreland, Resource Protection, Minor Freshwater
Wetlands and Rural Overlay Districts act as overlay districts to the
other districts and add requirements to these districts.