Town of South Berwick, ME Article III Establishment of Districts

§ 140-10 Zoning districts.

To implement the provisions of this chapter, the municipality of South Berwick is hereby divided into the following districts:

A. 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. Business zones:

	B1	Central Commercial District
	B2	Mixed-Use District
	BR	Business Residential [Added 5-11-2009]

C. Industrial zones:

	I1	Industrial District
	I2	Industrial District [Added 5-11-2009]

D. Overlay zones:

	RP	Resource Protection District
	SP	Shoreland/Slope District
	RO	Rural Overlay Zone (R4 and R5 Districts)
	MFW	Minor Freshwater Wetland

§ 140-11 Official Zoning Map.

A. 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 Chair 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.

B. In cases of disagreement between the Zoning Map and the written descriptions in § 140-12, the written description shall prevail.

§ 140-12 District boundaries.

A. Resource Protection District - RP.

(1) 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) Round Pond.

(b) Warren Pond.

(c) Knights Pond and its outlet.

(d) Ogunquit Brook.

(e) Chicks Brook, upstream of Emery's Bridge Road.

(f) White Marsh Brook.

(g) Cox Pond and its outlet to White Marsh Brook.

(h) Hoopers Swamp.

(i) Leighs Mill Pond.

(j) Salmon Falls River/Piscataqua River to its tidal limits.

(k) 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) The Great Works River in the R3 and R4 Districts (as measured from the edge of the river channel).

(3) The following resources to their boundary limits:

(a) Coastal wetlands.

(b) All one-hundred-year floodplains.

(c) Major freshwater wetlands.

(d) Minor freshwater wetlands.

(e) 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) 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) 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) Vaughan Woods.

(i) 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.

(4) The following resources as identified in the Town's Comprehensive Plan and land within 250 of those resources as shown on the Official Zoning Map of South Berwick.

(a) The Balancing Rock.

(b) The Spring Hill Overlook.

(c) The Gorge.

B. Shoreland and Slope District - SP.

(1) 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) Dennett Brook.

(b) Boyd Brook.

(c) Great Works River in the R1 and R2 Districts (the high-water line shall be measured from the edge of any associated wetland).

(d) Chicks Brook, downstream of Emery's Bridge Road.

(e) Frost Brook.

(f) Lover's Brook.

(g) Shorey's Brook.

(h) Quamphegan Brook.

(i) Lord Brook.

(j) Hoopers Brook.

(k) Knights Brook.

(l) Warren Brook, south of Bicknel Mountain.

(m) Hussey Brook, north of Great Hill.

(n) Bennett Brook.

(o) Hamilton Brook.

(p) Driscoll Brook.

(q) Salmon Falls River above Route 4 (high-water line shall be measured from the edge of any associated wetland).

(2) Land within 250 feet of a major freshwater wetland boundary.

(3) Land within 250 feet of a coastal wetland boundary.

(4) 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. 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. 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. 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. 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. 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. 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. 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. Industrial District.

[Amended 10-23-2006]

(1) 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) 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. 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. 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. 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]

§ 140-13 Division of lots by district boundaries.

A. 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. 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.

§ 140-14 Overlay districts.

Shoreland, Resource Protection, Minor Freshwater Wetlands and Rural Overlay Districts act as overlay districts to the other districts and add requirements to these districts.