Land Use Ordinances

Effective Date: October 11, 2008

 

 

Town of Frye Island
Cumberland County - State of Maine

 

Chapter 101 --- Land Use

Article I.       Zoning Ordinance

Article II.      Subdivision Ordinance

Article III.     Shoreland Zoning Ordinance

Article IV.     Floodplain Management Ordinance

Article V.      Growth Management Ordinance -
                              Recinded at 9/2/06 Town Meeting

 

GENERAL REFERENCES:

Prior version of Chapter 101, dated

Prior version of Chapter 102 – Shoreland Zoning Ordinance, dated October 10, 2000

Prior version of Chapter 108 – Floodplain Management Ordinance, dated July 22, 2000

HISTORY: [amended July 5, 2003, WA 10]

Articles I and II originated as the Land Use Ordinance of the Town of Standish, adopted on May 26, 1976. This Standish Ordinance, as amended, became Chapter 181 on December 9, 1997 by Order No. 123-97. Frye Island, in turn, modified and adopted this Ordinance as Chapter 101 by Public Meeting of February 28, 1998 in preparation for becoming an independent town on July 1, 1998. The October 10, 2000 version of this Chapter 101 was then heavily edited and reorganized into Articles  I and II of Chapter 101, which was adopted by Town Meeting 10/06/01 Article 8.

Article III  originated as the Shoreland Zoning Ordinance of the Town of Standish, adopted October 12, 1993. This Standish Ordinance (now Chapter 237, adopted February 12, 2002 by Order No. 189-01) was modified and adopted by Frye Island as Chapter 102 by Public Meeting of February 28, 1998 in preparation for becoming an independent town on July 1, 1998. The October 19, 1999 version of this Chapter 102 was then heavily edited and reorganized into Article III of an expanded Chapter 101, which was adopted by Town Meeting 10/12/02 Article 11.

Article IV originated as the Floodplain Management Ordinance of the Town of Standish, adopted January 9, 1996 by Order No. 156-95. The Town of Frye Island, in turn, modified and adopted this Ordinance as Chapter 108 by Town Meeting of July 1, 2000. The July 22, 2000 version of this Chapter 108 was then edited and reorganized into Article IV of an expanded Chapter 101, which was adopted by Town Meeting 10/12/02 Article 11.

Article V, the Growth Management Ordinance was adopted by Town Meeting 10/11/03 Article 10.

MODIFIED BY:

Town Meeting 10/06/01 Articles 9-15, with changes in § 101-I-2 Definitions of Adult Day Care, Building Height, and Conforming Lot, § 101-I-3, A.6, B.5, C.5, and E; and § 101-I-4, H.1.c, O.2, and O.5.

Town Meeting 7/06/02 Article 5 establishing a special exception for the Resource Protection District in ß 101-III-16, K. (§ 102-16, K at the time of adoption).

Town Meeting 10/12/02 Article 12, changing the definition for Campground in ß 101-I-2 to the one used in the Shoreland Zoning § 101-III-17.

Town Meeting 7/05/03 Articles 10-12, expanding the History section directly above and changing the definition for Stream in § 101-III-17.

Town Meeting 10/11/03 Article 11, changing the contents of § 101-I-4, D.2, Non-Conforming Lots.

Town Meeting 9/2/06 Article 2, recinded ArticleV Growth Management Ordinance

Town Meeting 10/7/06 Article 11-12 changing definition of Substantial Start and the contents of § 101-I-11. Administration and Enforcement, D. Building Permits; and adding the definition of Road Opening and the contents of  § 101-I-4. General Standards, T. Road Opening.

Town Meeting 10/6/07 Article 14 amended the Land Use Ordinances Chapter 101, Article I, §101-I-14(F) (4), and Article III, §101-III-16 (I) (5)

Town Meeting 10/6/07 Article 15 amended the Land Use Ordinances Chapter 101, Article I, §101-I-11 (E) 

Town Meeting 10/11/08 Article 17 amended the Land Use Ordinances Chapter 101, Article I, § 101-1-2, § 101-1-4, § 101-1-11 C

Town Meeting 10/11/08 Article 20 amended the Land Use Ordinances Chapter 101, §101-I-4, Section D, Part 5

Town Meeting 10/9/10 Article 11 details of available online; additions shown in red in Article III

Town Meeting 10/9/10 Article 12 details of available online; additions shown in red in Article I-3E.24


Table of Contents

 

Article I. – Zoning Ordinance

§ 101–I–1.  Title, Purpose

A.  Title

B.  Purpose

§ 101–I–2.  Definitions

[Sections § 101–I–3 through § 101–I–10: Zoning Regulations]

§ 101–I–3.  District Regulations

A.  R – Residential Districts

1.  Written approval

2.  Permitted uses not requiring CEO approval

3. Permitted uses requiring CEO approval only

4.  Permitted uses requiring site plan review

5.  Uses requiring special exception

6.  Minimum lot size

7.  Minimum setback dimensions

8.  Accessory building setbacks

9.  Shed setbacks

10. Lots in a cluster subdivision

B.  RU – Rural Districts

1.  Written approval

2.  Permitted uses not requiring CEO approval

3. Permitted uses requiring CEO approval only

4.  Permitted uses requiring site plan review

5.  Uses requiring special exception

6.  Minimum lot size

7.  Minimum setback dimensions

8.  Lots in a cluster subdivision

C.  WOC – Water-oriented Commercial Districts

1.  Written approval

2.  Permitted uses not requiring CEO approval

3. Permitted uses requiring CEO approval only

4.  Permitted uses requiring site plan review

5.  Uses requiring special exception

6.  Minimum lot size

7.  Minimum setback dimensions

8.  Accessory building setbacks

9.  Shed setbacks

D. RC – Recreational Districts

1.  Written approval

2.  Permitted uses not requiring CEO approval

3. Permitted uses requiring CEO approval only

4.  Permitted uses requiring site plan review

5.  Minimum lot size

6.  Minimum setback dimensions for lots 40,000 square feet or more

7.  Minimum setback dimensions for lots less than 40,000 square feet

E.  Prohibited Uses

§ 101–I–4.  General Standards

A. Applicability

B. Zoning Map

C.  District Boundaries

D. Lots

1.  Corner lots

2.  Non-conforming lots

3.  Back lots

a.  Access

b.  Frontage

c.  Lot size

d.  Construction of private way

4.  Lots with adequate water frontage

E.  Cluster Development

1.  Where permitted

2.  Purpose of cluster development

3.  Information required in cluster development proposal

4.  Planning Board authority

5.  Predominant use constraints

6.  Minimum area per family

7.  Permitted modifications in area per dwelling unit requirements

F.  Family Apartment Standards

1.  Purpose

2.  Approval

3.  Performance Standards

G. Community Living Facility Standards

1.  Planning Board review

2.  Density regulation

3.  Excluded uses

H. Manufactured Housing Units

1.  Restrictions on manufactured housing units located outside mobile home parks

2.  Mobile home park restrictions

I.   Temporary Structures

J.  Height Regulations

K. Open Space

1.  Purpose

2.  Procedure for reducing lot or unit area requirements

L.  Campsite Size

M.      Water Recreation and Water Storage Facilities

1.  Setback and CEO permit requirements

2.  Fencing of below-ground facilities

3.  Parking requirements

4.  Submittal of plan to Planning Board

5.  Permit requirement for private swimming pools

N.  Regulations Concerning Transmission (Antenna) Towers

1.  Intent

2.  Tower height restrictions

3.  Setback requirements

4.  Proof of conformity required

5.  Fence or wall required

6.  Buffering required

7.  Lights

8.  Cooperation with Code Enforcement Officer

9.  Radiation levels

10. Color of tower

11. Permit required

12. Safety

13. Removal of tower

14. Use of third-party professional

O. Signs

1.  Materials and maintenance

2.  Residential identification signs [amended October 6, 2001; WA 12]

3.  Bulletin boards

4.  Temporary real estate and construction signs

5.  Permit required [amended October 6, 2001; WA 12]

6.  Signs in disrepair

7.  Business signs

P.  Fences

1.  Purpose

2.  Fence permit required; standards

3.  Preexisting fences

4.  Fence violations and penalties

Q. Mineral Extraction

1.  Purpose

2.  Mineral extraction regulations

R.  Alternate Soils Test Pit

§ 101–I–5.  Home Business Standards

A.  Home Occupation Levels

1.  Home Occupation Level 1

2.  Home Occupation Level 2

3.  Home Occupation Level 3

B.  Home Retail Sales

1.  Applicability and Planning Board authority

2.  Review considerations

3.  Standards

C.  Tradesman

D. Yard/Garage Sale Standards

§ 101–I–6.  Commercial, Professional, or Business Use Standards

A.  Lighting Standards

B.  Design Compatibility

C.  Off-street Parking Design

1.  Parking design

2.  Landscaping

3.  Conversion or expansion of existing buildings to commercial, business, or professional use

D.  Buffer Areas to Other Districts

E.  Offensive Uses Not Permitted

F.  Employment of Consultant

§ 101–I–7.  Non-conforming Uses

A.  Continued Use

1.  Repairs and alterations

2.  Rebuilding

3. Extension of use

4.  Enlargement

5.  Change in Use

B. Abandonment

§ 101–I–8 [Reserved for Future Use]

§ 101–I–9 [Reserved for Future Use]

§ 101–I–10 [Reserved for Future Use]

[Sections § 101–I–11 Onward: Zoning Administration and Governance]

§ 101–I–11.  Administration and Enforcement

A.  Code Enforcement Officer

B.  Notice of Violation

C.  Violations and Penalties

D.  Building Permits

E.  Application for Building Permit

F.  Certificates of Occupancy

1.  Certificate from CEO required for occupancy

2.  Issuance

3.  Public record required

4.  Failure to comply

G. Building Permit for Manufactured Housing Unit

1.  Requirement

2.  Application contents

H.  Fees

I.   Building Permit Late Fee

§ 101–I–12. Planning Board

A.  Appointment and Composition

B.  Planning Board Meetings

C.  Powers and Duties

§ 101–I–13. Amendment Procedure

A.  Initiation

B.  Written Proposal Required

C.  Conformance to Statutes

§ 101–I–14. Board Of Appeals

A.  Appointment and Composition

B.  Board of Appeals Meetings

C.  Powers and Duties

1.  Types of Appeal

a.  Administrative appeals

b.  Special exceptions

c.  Variance appeals

d.  Disability variance appeals

2.  Variance appeals restrictions and conditions

D.  Conflicts of Interest

E.  Criteria to be Considered in Hearing Appeals

F.  Appeal Procedure

1.  Making an appeal

2.  Decision by Board of Appeals

3.  Appeal to Superior Court

4.  Reconsideration

§ 101–I–15. Site Plan Review

A.  Review Required; Procedure

1.  Approval by Planning Board

a.  Where required

b.  Failure to commence

2.  Procedure for submission and review

3.  Elements

4.  Waiver or modification of elements

B.  Conditions for Approval

§ 101–I–16.  Site Plan Review for Septic Systems Over Two Thousand Gallons per Day

A.  Purpose

B.  Review Process

C.  Monitoring

D.  Insurance; Effective Date

1.  Liability insurance requirement

2.  Effective date

§ 101–I–17. Assessment Of Capital Impact Fees

A.  Purpose of Impact Fees

B.  Administration

C.  Applicability

1.  Residential and nonresidential impact on existing road inventory

2.  Calculation of impact fee

a.  Formula

b.  Waiver of fee

D.  Segregation of Funds

1.  Segregation

2.  Ten years to appropriate

3.  Sole discretion

E.  Severability

F.  Appeals

§ 101–I–18. Conflict with Other Provisions

Article II. – Subdivision Ordinance

§ 101–II–1. Purpose and Administration

A.  Purpose

B.  Authority and Administration

§ 101–II–2. Preliminary Plan

A.  Preapplication Conference

B.  Application Procedure

C.  Location Map

D.  Information to Accompany Plan

E.  Review by Planning Board

1.  Review process

2.  Professional review fees

§ 101–II–3. Final Plan

A.  Application Procedure

1.  Application

2.  Department of Environmental Protection review and approval where required

3.  Sewage disposal

4.  Public hearing

B.  Performance Guaranty

1.  Submittal of performance guarantee

2.  Inspection of required improvements

3.  Maintenance prior to acceptance of improvements

C.  Information to Accompany Plan

1.  Final plan contents

2.  Attachments to final plan

D.  Final Approval and Filing

E.  Plan Revisions After Approval

F.  Public Acceptance of Streets, Easements, and Open Space

§ 101–II–4. General Provisions

A.  No Filing and Recording Before Final Plan Approval

B.  No Conveyance if Not Filed and Recorded

C.  Fines for Conveyance Prior to Approval

D.  No Utility Service Prior to Final Approval

E.  No Construction Activity Prior to Final Approval

§ 101–II–5. General Standards

A.  Planning Board to Consider Requirements

B.  Conformance to Comprehensive Plan

C.  Preservation of Natural and Historic Features

D.  Land not Suitable for Development

E.  Lots

F.  Easements for Natural Drainage Ways

G. Utilities

H.  Street Trees, Esplanades, and Open Spaces

I.   Required Improvements

J.  Separate Sewage Disposal Sites

K.  Municipal Consultant Fees

§ 101–II–6. Design Standards

A.  Street Names and Signs

B.  Street Design Standards

1.  Street classification definitions

2.  Dimensions for street construction

C.  Dead-end Streets

D.  Pavement Design

E.  Roadway Construction Material Standards

F.  Responsibility of Developer Regarding Streets

G. Construction of Arterial Streets

1.  Subdivisions containing more than 150 units

2.  Subdivisions adjacent to areas of future development

H.  Storm Drainage Systems

1.  Intent

2.  Design standards

3.  Street and storm drainage plans

I.   Construction Standards

1.  Grading

2.  Preparation

3.  Cuts

4.  Fill

5.  Side slopes

6.  Bases and pavement

J.  Monuments

K.  Water Supply

§ 101–II–7. Miscellaneous Provisions

A.  Release of Guaranty Check or Bond

B.  Variances and Waivers

C.  Appeals

Article III – Shoreland Zoning Ordinance

§ 101–III–1. Purposes

§ 101–III–2. Authority

§ 101–III–3. Applicability

§ 101–III–4. Effective Date and Repeal of Formerly Adopted Ordinance

§ 101–III–5. Availability

§ 101–III–6. Severability

§ 101–III–7. Conflicts with Other Ordinances

§ 101–III–8. Amendments

§ 101–III–9. Districts and Zoning Map

A.  Official Shoreland Zoning Map

B.  Scale of Map

C.  Certification of Official Shoreland Map

D.  Changes

§ 101–III–10. Interpretation of District Boundaries

§ 101–III–11. Land Use Requirements

A. Requirement to Conform

B.  Continuation of Non-conforming Lots, Buildings, Structures, and Land Uses

§ 101–III–12. Non-Conformance

A.  Purpose

B.  General

1.  Transfer of ownership

2.  Repair and Maintenance

C.  Non-conforming Structures

1.  Expansions

a.  If non-conformity is not increased

b.  Further limitations

2.  Relocation

3.  Reconstruction or replacement

4.  Change of use of a non-conforming structure

D.  Non-conforming Uses

1.  Expansions

2.  Resumption prohibited

3.  Change of use

E.  Non-conforming Lots

1.  Non-conforming lots

2.  Contiguous built lots

3.  Contiguous lots vacant or partially built

§ 101–III–13. Establishment Of Districts

A.  Resource Protection District

B.  Stream Protection District

C.  Shoreland Development Overlay District

§ 101–III–14. Table of Land Uses

Table III–14–1.  Land Uses in the Shoreland Zone

§ 101–III–15. Land Use Standards

A.  Minimum Lot Standards

B.  Principal and Accessory Structures

C.  Piers, Docks, Wharves, Bridges, and Other Structures

D.  Individual Private Campsites

E.  Prohibited Uses

F.  Parking Areas

G. Roadways and Driveways

H.  Signs

I.   Storm Water Runoff

J.  Septic Waste Disposal

K.  Essential Services

L.  Agriculture

M. Timber Harvesting

N.  Clearing of Vegetation for Development

O. Erosion and Sedimentation Control

P.  Soils

Q. Water Quality

R.  Archaeological Sites

S.  Home Occupations

§ 101–III–16. Administration

A.  Administering Bodies and Agents

1.  Code Enforcement Officer

2.  Board of Appeals

3.  Planning Board

B.  Shoreland Zoning Approvals and Permits Required

1.  Approvals and permits required before proceeding

2.  Exceptions for the replacement of culverts

3.  Activities requiring a permit from the Department of Environmental Protection

C.  Shoreland Zoning Approval Applications

D.  Procedure for Administering Applications for Shoreland Zoning Approval

E.  Applications for Building, Plumbing, or Occupancy Permits

F.  Deadline for Permit Applications Following Shoreland Zoning Approval

G. Expiration of Building, Plumbing, or Occupancy Permit

H.  Installation of Public Utility Service

I.   Appeals

1.  Powers and duties of the Board of Appeals

a.  Administrative appeals

b.  Variance appeals

c.  Board of Appeals meetings

2.  Variance appeals

a.  Restrictions on granting variances

b.  Disability variances

3.  Appeals procedure

a.  Making an appeal

b.  Decision by Board of Appeals

4.  Appeal to Superior Court

5.  Reconsideration

J.  Enforcement

1.  Nuisances

2.  Code Enforcement Officer

3.  Legal Actions

4.  Fines

K.  Special Exceptions [adopted July 6, 2002; WA 5]

§ 101–III–17. Definitions

Article IV – Floodplain Management Ordnance

§101–IV–1. Purpose and Establishment

§ 101–IV–2. Permit Required

§ 101–IV–3. Application for Permit

§ 101–IV–4. Application Fee and Expert’s Fee

§ 101–IV–5. Review Standards for Flood Hazard Development Permit Application

§ 101–IV–6. Development Standards

A.  All Development

B.  Water Supply

C.  Sanitary Sewage Systems

D.  On Site Waste Disposal Systems

E.  Watercourse Carrying Capacity

F.  Residential

G. Non-residential

H.  Manufactured Homes

I.   Recreational Vehicles

J.  Accessory Structures

K.  Floodways

L.  Enclosed Areas Below the Lowest Floor

M. Bridges

N.  Containment Walls

O. Wharves, Piers, and Docks

§ 101–IV–7. Certificate of Compliance

§ 101–IV–8. Review of Subdivisions and Development Proposals

§ 101–IV–9. Appeals and Variances

§ 101–IV–10. Enforcement and Penalties

§ 101–IV–11. Validity and Severability

§ 101–IV–12. Conflict with Other Ordinances

§ 101–IV–13. Definitions

§ 101–IV–14. Abrogation

Article V – GROWTH MANAGEMENT ORDINANCE

§ 101–V–1. Title

§ 101–V–2. Legal Authority

§ 101–V–3. Purpose

§ 101–V–4. Applicability

§ 101–V–5. Exemptions

§ 101–V–6. Administration

A.  Maximum Number of Dwelling Units

B.  Application Procedure

C.  Issuance Procedures

D.  Replacement With Building Permit And Expiration

E.  Transferability

F.  Limitations

§ 101–V–7. Conflict With Other Ordinances

§ 101–V–8. Separability

§ 101–V–9. Effective Date

§ 101–V–10. Review Procedure

§ 101–V–11. Amendments

§ 101–V–12. Violations

§ 101–V–13. Notices Of Violations; Legal Action

§ 101–V–14. Penalties

§ 101–V–15. Appeals

 


 

Article I. ---  Zoning Ordinance

§ 101–I–1.  Title, Purpose

A.  Title

This Article shall be known and may be cited as the “Zoning Ordinance of the Town of Frye Island, Maine.”

B.  Purpose

The purpose of this Ordinance is to promote the health, safety, and general welfare; to encourage the most appropriate use of land throughout the Town; to promote traffic safety; to provide adequate light and air; to prevent overcrowding of real estate; to promote a wholesome town environment; to prevent housing development in unsanitary areas; to provide an adequate street system; to promote the coordinated development of unbuilt areas; to encourage the formation of community units; to provide an allotment of land area in new developments sufficient for all the requirements of community life; to promote the prudent utilization of natural resources; and to provide for adequate public services.

§ 101–I–2.  Definitions

As used in this Ordinance, unless otherwise stated, the following terms shall have the meanings indicated below:

Abutter: The owner of a property sharing a common boundary with another property or within two hundred fifty (250) feet of a given piece of property whether or not these properties are separated by a public or private way. Owners shall be considered to be parties listed by the Tax Assessor of Frye Island and the ones against whom taxes are assessed.

Accessory Building: A subordinate building incidental to and located on the same lot with the main building which is customarily a garage, workshop, shed, and the like.

Accessory Use: A use which is incidental and subordinate to the principal use. Accessory uses in the aggregate shall not subordinate the principal use of the lot.

Acre: Forty thousand (40,000) square feet.

Adult Day Care: [amended October 6, 2001; WA 9] Providing day care services on a regular basis, for financial consideration, for three (3) or fewer  unrelated adults who are medically dependent on others for assistance. Care services shall not be provided for more than twelve (12) hours during any twenty-four (24) hour period.

Agriculture: Includes: the cultivation of the soil for food products, or other useful or valuable growths of the field or garden; nursery stock; and noncommercial greenhouses. It does not include dairying, the raising of livestock, or the breeding or keeping of animals, fowl, or birds where the same is carried on as a business or gainful occupation.

Animal Husbandry: Includes dairying, the raising of livestock, and the breeding or keeping of animals, fowl, or birds as a business or gainful occupation.

Back Lot: A lot without frontage on an existing way.

Bed And Breakfast: A single-family dwelling in which the resident(s) of the dwelling provide(s) short-term overnight lodging to paying guests in a maximum of seven (7) guest rooms located within the dwelling or permitted attached structures. Breakfast shall be the only meal served and shall be limited to overnight guests.

Board of Appeals: The Board of Appeals of the Town of Frye Island, created in Article VI, Section 3 of the Town Charter.

Boat Graveyard: A yard, field or other area used to store two (2) or more unserviceable, discarded, worn-out, or junked boats

Building: Any structure designed or intended for the support, enclosure, shelter, or protection of persons, animals, chattels, or property.

Building Area: The total of areas taken on a horizontal plane at the main finished grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces, and steps. All dimensions shall be measured between exterior faces of walls.

Building Height: [amended October 6, 2001; WA 15] The vertical distance between the mean grade at the downhill side of the building and the highest point of the building, excluding chimneys, steeples, antennas, and similar appurtenances which have no floor area.

Business Professional Building: A building used primarily for conducting the affairs of a business, profession, service, industry, or government, or like activity, and may include ancillary services for office workers, such as a restaurant or newspaper or candy stand.

Campground: [amended October 12, 2002; WA 10] Any area or tract of land to accommodate two (2) or more parties in temporary living quarters, including but not limited to tents and recreation vehicles.

Car Wash: A place where vehicles, of any size, are washed on a commercial basis.

Cemeteries: An area used for the interring of the dead.

Church: A building, or group of buildings, which are primarily intended for the conduct of religious services and associated accessory uses, with the exception of schools.

Clear cutting:  The removal or cutting of more than 25% of all trees on a lot, except as shown on an approved building permit in which post-construction remediation may be required. [amended October 11,2008, WA 17]

Cluster Subdivision: A subdivision approved by the Planning Board, meeting the standards contained in Articles I and II, including, but not limited to, § 101–I–4, ¶ E.

Code Enforcement Officer: A person appointed by the town manager to administer and enforce these Ordinances. Reference to the “Code Enforcement Officer” may be construed to include the Building Inspector, Plumbing Inspector, Electrical Inspector, and the like, where applicable.

College: An accredited, degree-granting institution of higher (post-secondary) education.

Commercial Recreation: A place designed and equipped for the conduct of sports and leisure-time activities, operated as a business, and open to the public for a fee.

Commercial Wood Processing: the processing of timber or logs, on a site other than the logged site, into fuel wood, lumber, or other products for resale.

Community Living Facility: A housing facility for eight (8) or fewer mentally handicapped or developmentally disabled persons which is approved, authorized, certified, or licensed by the State. A Community Living Facility may include a group home, foster home, or intermediate care facility. Community Living Facilities must meet and maintain the standards contained in this Ordinance.

Comprehensive Plan: Any part or element of the overall plan or policy for development of the Town.

Concealed-source Light Fixture: One where the lamp or light bulb is housed within a frame or container and is not visible.

Conforming Lot: [amended October 6, 2001; WA 10]A lot under contiguous ownership which meets the full dimensional requirements for the zone in which it is located, to include frontage, lot width, and area. Deeded rights to an area of commonly owned land, such as in a cluster subdivision, shall not be included in the calculation of dimensions.

Construction Drawings: Drawings showing the location, profile, grades, sizes, types, and cross-sections, as applicable to the type of item, of all underground fire alarm, power, and telephone ducts, drains, sewers, water mains, pavements, streets, miscellaneous structures, etc.

Coverage: That percentage of the plot or lot area covered by the buildings, paved areas, and other impervious cover.

Day Care Center: A facility in which one (1) or more persons provide for financial consideration a regular program of care and protection, for any part of a day, for four (4) or more unrelated children under the age of sixteen (16). Care services shall not be provided for more than twelve (12) hours during any twenty-four (24) hour period.

Day Care Home: A dwelling in which the resident occupant provides for financial consideration a regular program of care and protection, for any part of a day, for from four (4) to a maximum of twelve (12) unrelated children under the age of sixteen (16). Care services shall not be provided for more than twelve (12) hours during any twenty-four (24) hour period.

Director Of Public Works: The Director of Public Works for the Town of Frye Island.

Dwelling Unit: A room or group of rooms designed and equipped for use as living quarters for only one (1) family, including provisions for living, sleeping, eating, and cooking. Mobile homes, campers, and recreational vehicles shall not be considered dwelling units.

Dwelling, Multi-family: A building designed or used as the living quarters for more than one family. This term excludes motels, rooming houses, mobile homes, and dwelling units with family apartments.

Easement: The right to use or restrict the use of land of another for or to specified purposes. The Planning Board shall review and approve the nature and substance of all proposed “easements” included as part of a Planning Board application for Subdivision or Site Plan Review.

Engineer: A professional engineer licensed by the State of Maine.

Family: One (1) or more persons, related by blood, adoption, or marriage, living and cooking together as a single housekeeping unit, exclusive of household servants. Up to five (5) unrelated people may use a house as a “family” for the purposes of this Ordinance.

Family Apartment: A separate, single residence located within the same structure as, and subordinate to, an existing single-family dwelling. A family apartment is subject to the District Regulations contained in § 101–I–3 and the standards contained in § 101–I–4, ¶ F.

Final Subdivision Plan: The final drawings on which the subdivider's plan of subdivision is presented to the Planning Board for approval and which, if approved, may be filed for record with the Municipal Clerk and County Registry of Deeds.

Finished Wood Product Processing: Production of finished wood products for wholesale distribution or sale at another site, including but not limited to picnic tables, crafts, cabinets, furniture, etc. Retail sales directly to the public are specifically excluded unless otherwise approved in accordance with this Ordinance.

Flea Market: A shop or open market. selling antiques, used household goods, curios, and the like at a frequency of more than four (4) days in any six-month period. Flea markets, as distinguished from yard or garage sales, shall be considered to be retail businesses under this Ordinance.

Forestry Management: Timber cruising and other forest resource evaluation activities, pesticide or fertilizer application, management planning activities, timber stand improvement, pruning, weeding, regeneration of forest stands, the construction or maintenance of forestry management roads, and other similar or associated activities.

Frontage, Street: The horizontal distance between the intersections of the side lot lines with the front lot line.

Fueling Station: A place where fuels or lubricants for vehicles, including boats, are retailed directly to the public, including the sale of minor related accessories. Repair services are excluded from this definition.

Funeral Home: A building used for the preparation, display, and related ritual of the dead prior to burial or cremation.

Garage Sale: See Yard Sale.

Health Care Facility: An institution that provides out-patient, overnight, or long-term health care under the supervision of a health care professional.

Home Care Services: Providing day care services on a regular basis, for financial consideration, for three (3) or fewer unrelated children or adults who are dependent on others for assistance. Care services shall not be provided for more than twelve (12) hours during any twenty-four (24) hour period.

Home Occupation: An occupational activity which is clearly accessory to the primary residential use of a building as defined by § 101–I–5, ¶ A, Home Occupation Levels.

Home Retail Sales: Limited retail sales which are directly related to an approved home occupation. All home retail sales shall meet the requirements of § 101–I–3, District Regulations, and maintain all standards contained in § 101–I–5, ¶ A, Home Occupation Levels.

Hospital: Includes sanitarium, clinic, rest home, nursing convalescent home, home for the aged, and any other place for the diagnosis and treatment of human ailments.

Hotel: A facility offering transient lodging accommodations to the general public and providing additional services such as restaurants, meeting rooms, entertainment, and recreational facilities.

Improvement: Any building, structure, place, or object constituting a physical betterment of real property, or any part of such betterment.

Inn: a facility offering transient lodging accommodations to the general public which has a central lobby and has a maximum of fifteen (15) general sleeping rooms available for use by the general public. Food or meals may be available, but only for guests staying overnight at the inn.

Junkyard: A yard, field, or other area as defined in Title 30A, section 3752, as amended.

Kennel: A commercial establishment in which three (3) or more dogs, cats, or other domesticated animals are housed, groomed, bred, boarded, trained, or sold, all for financial consideration.

Lot: A parcel of land in a single ownership, recorded with the Cumberland County Registry of Deeds, and occupied or capable of being occupied by one (1) building and the accessory buildings or uses customarily incidental to it, including such open spaces as are required by these Land Use Ordinances. As a condition for the issuance of a building permit on such land, a lot must have frontage upon a street, as defined herein, or have other adequate means of access as specified elsewhere is this Ordinance or as determined by the Planning Board.

Lot, Corner: A lot with at least two (2) contiguous sides meeting at an included angle of less than 135° and with each such side abutting on a street which is not primarily an access to a beach.

Lot, Width: The width of the lot, measured at the point where the building is closest to the right-of-way.

Manufactured Housing Unit: A mobile home manufactured after June 15, 1976, or a single-wide modular home, both of which must comply with the standards of § 101–I–4, ¶ H, as well as the standards of the United States Department of Housing and Urban Development and/or the standards of Title 30-A, Section 4358, Regulation of Manufactured Housing Units.

Manufacturing: The mechanical or chemical transformation of material or substances into new products, including the creation of products and the blending of material such as oils, plastics, resins, or liquids.

Marina: A boat basin offering dockage and ancillary services such as outdoor storage of boats. A fueling station is excluded from this definition.

Medical Clinic: A place for the diagnosis and treatment of human ailments.

Mineral Extraction: Surface excavation and removal of natural earth resources such as sand, gravel, clay, topsoil, etc. which are normally used for purposes such as roads, foundations, construction materials, and building site preparation or improvement.

Mobile Home: A residential unit that is constructed in a manufacturing facility and then transported to a site on a permanent chassis. Only mobile homes constructed after June 15, 1976 and which the manufacturer certifies to be constructed in compliance with United States Department of Housing and Urban Development Standards shall be considered manufactured housing units for the purposes of this Ordinance.

Mobile Home Park : A parcel of land under unified ownership which has been planned and improved for the placement of mobile homes on leased or rented lots therein.

Mobile Home Park Lot: The area of land on which an individual home is situated within a mobile home park and which is reserved for use by the occupants of that home. 

Modular Home: A residential dwelling unit designed for transportation, after fabrication, to the site as two (2) or more component parts, where it must be placed on a permanent foundation and be assembled into a livable dwelling unit. Single-wide “modular homes” shall be considered to be manufactured housing units. “Modular homes” of two (2) or more component parts under this Ordinance shall be considered to be a single-family dwellings.

Motel: A building containing rooms which are rented as a series of sleeping units for automobile transients. Each sleeping unit shall consist of a bedroom and bathroom only.

Motor Vehicle Graveyard: A yard, field, or other area used to store two (2) or more unserviceable, discarded, worn-out, or junked motor vehicles as defined in Title 30A, section 3752, as amended.

Motor Vehicle Repair: Any motor vehicle repair use such as collision repair, mechanical repair, or other types of vehicle repair.

Motor Vehicle Sales: The use of any building, land area, or other premise for the display and sale of new or used automobiles, trucks, vans, trailers, or recreational vehicles.

Municipal Use: Any activity which is exclusively and officially authorized by the Town of Frye Island or School Administrative District 6.

Municipality: In the context of this Chapter, the words “municipal” and “municipality” refer to Frye Island and School Administrative District No. 6 only.

Net Residential Acreage: The gross available acreage less the area required for streets or access and less the areas of any portions of the site which are unsuitable for development because of topography, natural drainage, or subsoil conditions.

Net Residential Density: The number of dwelling units per net residential acre.

Non-conforming Building, Lot, or Structure: A building, lot, or structure, the size, dimension, or location of which was lawful prior to the adoption or amendment of these zoning provisions but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment.

Non-conforming Use: A land use which was lawful prior to the adoption or amendment of these zoning provisions but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment.

Nuisance: For this Ordinance, a “nuisance” shall be defined as in 17 MRSA, Section 2802, as amended.

Office: A room or group of rooms used for conducting affairs of business, professions, service industry, or government.

Open Space: Land for recreation and enjoyment of an association of residents, or deeded to the Town, if the Town shall accept it, for the enjoyment of its residents.

Parking Space: A minimum area of one hundred sixty-two (162) square feet which is a minimum of nine (9) feet wide by eighteen (18) feet long, exclusive of drives, aisles, or entrances, and which is fully accessible for the storage or parking of vehicles.

Planning Board: The Planning Board of the Town of Frye Island, created in Article VI, Section 2 of the Town Charter.

Portable Signs: A sign standing on, rather than fixed to, the ground. Such signs are usually, but not necessarily, supported from the ground by one (1) or more poles or posts or similar uprights with or without braces, including benches and A or sandwich boards.

Private Road: A road for vehicular traffic in which there is no public right of travel.

Preliminary Subdivision Plan: The preliminary drawings indicating the proposed layout of the subdivision to be submitted to the Planning Board for its consideration.

Principal Use: The primary use to which the premises is devoted and the main purpose for which the premises exists.

Private Club: A building and related facilities owned or operated by a corporation, association, or group of individuals, and established for the fraternal, social, educational, recreational, or cultural enrichment of its members and not primarily for profit, and whose members meet certain prescribed qualifications for membership.

Processing: A series of operations, usually in a continuous and regular action or succession of actions, taking place or carried out in a definite manner.

Public Utility: A governmentally regulated organization, whether publicly or privately owned, having a franchise for providing a service deemed necessary for the public health, safety, or welfare.

Public Water Supply: A water supply to fifteen (15) or more service or residential connections, or to a store, youth camp, campground, restaurant, inn, hotel, motel, or other non-residential activity, including schools, which serves twenty-five (25) or more people.

Recreation, Commercial: Includes recreational activities operated primarily for profit.

Recreational Vehicle: A vehicle or vehicular attachment, including a pickup camper, travel trailer, tent trailer, and motor home, designed for temporary sleeping or living quarters for one (1) or more persons. A recreational vehicle is not a dwelling.

Recycling Center: Land, with or without buildings, upon which used materials are separated or processed for eventual re-utilization.

Remediation:  The planting and maintenance of at least 5 native tree species, not less than two (2) inches in diameter at four and one half (4 ½) feet above ground level for each 25 by 50 foot rectangle area, such areas being sufficient that cleared openings for any purpose, including but not limited to principal and accessory structures, driveways, lawns and sewage disposal areas as shown on an approved or conditionally approved building permit, do not exceed in the aggregate twenty-five per cent  (25%) of the lot area or ten thousand (10,000) square feet, whichever is greater. [amended October 11,2008, WA 17]

Research Facility: A facility for the investigation into the natural, physical, or social sciences, which may include engineering or product development.

Residential Care Facility: An institution or a distinct part of an institution that is licensed or approved to provide health care under medical supervision to two (2) or more patients who are not related to the governing authority or its members by marriage, blood or adoption.

Restaurant: Any establishment where food and drink are prepared, served, and consumed either on the premises or outside the confines of the restaurant (i.e, take-out). This definition specifically excludes Drive-thru service.

Restaurant, Drive-thru: An establishment where food or beverage is sold in a form ready for consumption, where all or a significant portion of the consumption occurs outside the confines of the establishment. Ordering and receipt of food is likely to take place in an automobile, and the customer does not leave the vehicle.

Retail Business: Any business primarily engaged in the sale, rental, or lease of goods or services individually or in small quantities to the ultimate consumer for direct consumption or use and not for resale. Retail trade or business shall not include other commercial uses specifically defined herein.

Road: Any right-of-way (ROW) intended to be used for the passage of persons or vehicles.

Road Opening: Any new or improved opening, excavation, repair, alteration, or driveway cut into the Roads and their corresponding rights-of-way, owned or regulated by the Town. [added by Town Meeting 10/7/06, Article 12]

School: Any building or part thereof which is used for education or instruction in any branch of knowledge, to include public, private, business, trade, driving, and dance schools.

Setback: A line that is a required minimum distance from the road or right-of-way line or any other lot line that establishes the area within which the principal and accessory structures must be erected or placed.

Setback, Front: Setback between the front lot line and front line of a building.

Setback, Rear: Setback between the rear lot line and rear line of a building.

Setback, Side: Setback between the side lot line and side line of a building.

Shed: A small accessory building 144 square feet or less in area, which is used primarily for storage.

Sign: Any structure or part thereof, attached thereto, or painted, or represented thereon, which shall display or include any letter, word, model, banner, flag, pennant, insignia, device, or representation used as, or which is in the nature of, an announcement, direction, or advertisement.

Single-family Dwelling: A building that is a single dwelling unit. A modular home of two (2) or more component parts shall under this Ordinance be considered to be a single-family dwelling.

Social Events Center: A place designed and equipped for the conduct of social gatherings and open to scheduled groups for financial consideration.

Special Exception: A use that would not be appropriate generally or without restriction throughout the zoning district but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, order, comfort, convenience, appearance, prosperity, or general welfare. Such uses may be permitted in such zoning district as Special Exceptions if specific provision for such Special Exception is made in this Zoning Ordinance. Special Exceptions require approval from the Board of Appeals and the Planning Board in accordance with the standards and procedures established in this Ordinance.

Street: A publicly dedicated way including the entire right-of-way, maintained under public authority for vehicular traffic, and accepted by the Town, or approved by the Planning Board with the proposed improvements conditioned by a performance bond in accord with § 101–II–3, ¶ B. of the Subdivision Regulations. Included in this definition is any public easement road which is part of the public easement granted by Frye Island, Inc., in 1999 and accepted by the Town.

Structure: A building and/or improvements to the real property, including paved surfaces.

Subdivider: The assessed owner or owners of land to be subdivided.

Subdivision: For the purposes of these Land Use Ordinances, a “subdivision” shall be defined as in 30A M.R.S.A. § 4401(4), as amended – the division of a tract or parcel of land into three (3) or more lots within any five (5) year period. This definition applies whether the division is accomplished by sale, lease, development, building or otherwise. A lot of forty (40) or more acres shall not be counted as a lot except when the lot or parcel from which it was divided is located entirely or partially within any shoreland area.

Substantial Start: Completion of fifty percent (50%) or more of a permitted structure measured as a percentage of the total cost to construct, within 12 calendar months of the issuance of the building permit. [amended Town Meeting 10/7/06, Article 11]

Swimming Pool, Permanent: An in-ground swimming pool, regardless of size, or an aboveground swimming pool of one thousand two hundred (1,200) gallons or greater capacity.

Swimming Pool, Portable: An aboveground swimming pool with a side height of thirty (30) inches or more and a capacity of less than twelve hundred (1,200) gallons.

Temporary Sign: A sign other than a portable sign designed and intended to be displayed for a short period of time.

Timber Harvesting: The cutting and removal of trees from their growing site; the attendant operation of mobile or portable chipping mills and cutting, limbing, and skidding machinery; and the creation and use of skid trails, skid roads, and winter haul roads. In addition, one of the following amounts must be cut or removed from the site to meet this definition:

A.  Forty (40) or more cords.

B.  Twenty thousand (20,000) or more board feet.

C.  Sixty (60) or more tons of chips.

Town: The Town of Frye Island, Maine

Tradesman: Any occupation or profession meeting the performance standards of § 101–I–5, ¶ C. which satisfies all of the following conditions:

A.  Is accessory to a residential use.

B.  Is customarily carried on in a building or other structure accessory to a dwelling unit.

C.  Is carried on by a member of the family residing in the dwelling.

Transmission Towers: Any freestanding or guyed structure, except for amateur (ham) radio towers and municipally owned and operated towers, on which transmitting and/or receiving antennas and associated cable and supports are located. Unless specifically stated otherwise, the term “transmission tower” shall include the tower, the tower base, and any attached receiving or transmitting device.

Travel Trailer: Any unmotorized towed vehicle which is used or so constructed as to permit it being used as a conveyance on the public streets and highways, is duly licensed as such, and is constructed in such a manner as to permit occupancy thereof as a temporary dwelling for one (1) or more persons. For the purposes of this definition, “temporary dwelling” shall be considered to be a maximum of one hundred and twenty (120) days in any calendar year. A Travel Trailer shall not be construed as a mobile home for the purposes of this Ordinance.

Treatment/Extraction: Physical or chemical process of transforming a product or materials into goods to be re-used for wholesale distribution.

Unsolicited For-profit Vendor is defined as a person or entity offering unsolicited products or services to Frye Island residents. The definition excludes non-profit entities, volunteers or volunteer organizations, charitable organizations, Town employees on town business, and entities whose sole purpose is to raise money for town entities.

Variance: A departure from the requirements of this Ordinance as authorized by the Board of Appeals only where strict application of the Ordinance would cause undue hardship as defined in Title 30-A, Section 4353, as amended.

Vendor Events are defined as multi-vendor one day events held in a single location and approved in advance by the Town Manager and the Town Executive Committee.

Veterinary Clinic: A place for the diagnosis and treatment of animals.

Warehouse: A building used primarily for the temporary storage of goods and materials.

Yard: The area of land on a lot that is normally cultivated and is not occupied by the principal building.

Yard or Garage Sale: A sale, conducted indoors or out of doors, of used household goods, curios, and the like. “Yard or garage sales,” as distinguished from flea markets, shall be considered to be accessory uses under this Ordinance. Yard or Garage sales shall meet and maintain minimum standards contained in §101–I–5, ¶ D.


 

[Sections § 101–I–3 through § 101–I–10: Zoning Regulations]

§ 101–I–3.  District Regulations

A.  R – Residential Districts

It is anticipated that these areas will not be sewered but will provide for residential development in a low-density, self-sustaining, rural environment, with Site Plan Review providing careful controls to ensure the compatibility of future development.

1.  Written approval

Land uses in this district shall require written approval from the authority as indicated (e.g., Special Exception approval by the Board of Appeals, site plan approval after Site Plan Review by the Planning Board), prior to issuance of a permit by the Code Enforcement Officer.

2.  Permitted uses not requiring CEO approval

Permitted uses listed below do not require approval by the Code Enforcement Officer. (Uses located within the Shoreland Zone, as shown on the Official Shoreland Zoning Map, are subject to the regulations of Article III, Shoreland Zoning Ordinance, especially Table III–14–1, Land Uses in the Shoreland Zone, and § 101–III–15, ¶ E, Prohibited Uses. Construction or other development within the special flood hazard Zone A1, as shown on the Frye Island Portion of the FEMA Flood Insurance Map, requires a Flood Hazard Development Permit from the Code Enforcement Officer as specified in Article IV, Floodplain Management Ordinance.)

a.  Agriculture

b.  Forestry management

3. Permitted uses requiring CEO approval only

Permitted uses listed below require approval from the Code Enforcement Officer only, and do not require Site Plan Review. (Uses located within the Shoreland Zone, as shown on the Official Shoreland Zoning Map, are subject to the regulations of Article III, Shoreland Zoning Ordinance, especially Table III–14–1, Land Uses in the Shoreland Zone, and § 101–III–15, ¶ E, Prohibited Uses. Construction or other development within the special flood hazard Zone A1, as shown on the Frye Island Portion of the FEMA Flood Insurance Map, requires a Flood Hazard Development Permit from the Code Enforcement Officer as specified in Article IV, Floodplain Management Ordinance.)

a.  Accessory uses and buildings

b.  Single-family dwelling

4.  Permitted uses requiring site plan review

Permitted uses listed below require Site Plan Review and approval by the Planning Board, in accordance with § 101–I–15, prior to the issuance of a permit by the Code Enforcement Officer. (Uses located within the Shoreland Zone, as shown on the Official Shoreland Zoning Map, are subject to the regulations of Article III, Shoreland Zoning Ordinance, especially Table III–14–1, Land Uses in the Shoreland Zone, and § 101–III–15, ¶ E, Prohibited Uses. Construction or other development within the special flood hazard Zone A1, as shown on the Frye Island Portion of the FEMA Flood Insurance Map, requires a Flood Hazard Development Permit from the Code Enforcement Officer as specified in Article IV, Floodplain Management Ordinance.)

a.  Adult day care (on a conforming lot only, not permitted in a cluster subdivision)

b.  Church

c.  Day care home (on a conforming lot only, not permitted in a cluster subdivision)

d.  Home occupation level 1

e.  Home retail sales (on a conforming lot only, not permitted in a cluster subdivision)

f.   Municipal use

5.  Uses requiring special exception

Uses listed below shall first require approval from the Board of Appeals as a  Special Exception, in accordance with standards set forth in § 101–I–14, ¶ C.1.b. Such uses shall also require Site Plan Review and approval from the Planning Board prior to the issuance of a permit by the Code Enforcement Officer. (Uses located within the Shoreland Zone, as shown on the Official Shoreland Zoning Map, are subject to the regulations of Article III, Shoreland Zoning Ordinance, especially Table III–14–1, Land Uses in the Shoreland Zone, and § 101–III–15, ¶ E, Prohibited Uses. Construction or other development within the special flood hazard Zone A1, as shown on the Frye Island Portion of the FEMA Flood Insurance Map, requires a Flood Hazard Development Permit from the Code Enforcement Officer as specified in Article IV, Floodplain Management Ordinance.)

a.  Home occupation level 2 (on a conforming lot only, not permitted in a cluster subdivision)

6.  Minimum lot size

Minimum lot size (minimum area per family) shall be as follows:

a.  Area: forty thousand (40,000) square feet without public water; twenty thousand (20,000) square feet with public water

b.  Frontage: [amended October 6, 2001; WA 14] fifty (50) feet

c.  Lot width: one hundred (100) feet

7.  Minimum setback dimensions

Minimum setback dimensions for lots shall be as follows:

a.  Front building setback: fifty (50) feet

b.  Side building setback: fifteen (15) feet

c.  Rear building setback: fifteen (15) feet

8.  Accessory building setbacks

Accessory buildings except sheds must meet the following setback requirements:

a.  Front building setback: thirty (30) feet

b.  Side building setback: fifteen (15) feet

c.  Rear building setback: fifteen (15) feet

9.  Shed setbacks

Sheds (accessory buildings 144 square feet or less) must meet the following setback requirements:

a.  Front building setback: thirty (30) feet

b.  Side building setback: ten (10) feet

c.  Rear building setback: ten (10) feet

10. Lots in a cluster subdivision

Lots in a cluster subdivision must maintain the setbacks approved with the subdivision unless a variance is obtained.

B.  RU – Rural Districts

These areas are generally rural now, unsewered, and it is proposed that they remain in a very low density of development in order to prevent future problems, with Site Plan Review providing careful controls to ensure the compatibility of future development.

1.  Written approval

Land uses in this district shall require written approval from the authority as indicated (e.g., Special Exception approval by the Board of Appeals, site plan approval after Site Plan Review by the Planning Board), prior to issuance of a permit by the Code Enforcement Officer.

2.  Permitted uses not requiring CEO approval

Permitted uses listed below do not require approval by the Code Enforcement Officer. (Uses located within the Shoreland Zone, as shown on the Official Shoreland Zoning Map, are subject to the regulations of Article III, Shoreland Zoning Ordinance, especially Table III–14–1, Land Uses in the Shoreland Zone, and § 101–III–15, ¶ E, Prohibited Uses. Construction or other development within the special flood hazard Zone A1, as shown on the Frye Island Portion of the FEMA Flood Insurance Map, requires a Flood Hazard Development Permit from the Code Enforcement Officer as specified in Article IV, Floodplain Management Ordinance.)

a.  Agriculture

b.  Home care services

3. Permitted uses requiring CEO approval only

Permitted uses listed below require approval from the Code Enforcement Officer only, and do not require Site Plan Review. (Uses located within the Shoreland Zone, as shown on the Official Shoreland Zoning Map, are subject to the regulations of Article III, Shoreland Zoning Ordinance, especially Table III–14–1, Land Uses in the Shoreland Zone, and § 101–III–15, ¶ E, Prohibited Uses. Construction or other development within the special flood hazard Zone A1, as shown on the Frye Island Portion of the FEMA Flood Insurance Map, requires a Flood Hazard Development Permit from the Code Enforcement Officer as specified in Article IV, Floodplain Management Ordinance.)

a.  Accessory uses and buildings

b.  Family apartment

c.  Forestry management

d.  Home occupation level 1

e.  Manufactured housing unit

f.   Single-family dwelling

g.  Transmission towers (subject to the restrictions set forth in § 101–I–4, ¶ N,
Regulations Concerning Transmission Towers)

4.  Permitted uses requiring site plan review

Permitted uses listed below require Site Plan Review and approval by the Planning Board, in accordance with § 101–I–15, prior to the issuance of a permit by the Code Enforcement Officer. (Uses located within the Shoreland Zone, as shown on the Official Shoreland Zoning Map, are subject to the regulations of Article III, Shoreland Zoning Ordinance, especially Table III–14–1, Land Uses in the Shoreland Zone, and § 101–III–15, ¶ E, Prohibited Uses. Construction or other development within the special flood hazard Zone A1, as shown on the Frye Island Portion of the FEMA Flood Insurance Map, requires a Flood Hazard Development Permit from the Code Enforcement Officer as specified in Article IV, Floodplain Management Ordinance.)

a.  Adult day care (on a conforming lot only, not permitted in a cluster subdivision)

b.  Business and professional offices less than two thousand (2,000) square feet
(on a conforming lot only, not permitted in a cluster subdivision)

c.  Cemetery

d.  Church (on a conforming lot only, not permitted in a cluster subdivision)

e.  Day care home (on a conforming lot only, not permitted in a cluster subdivision)

f.   Home occupation level 2 (on a conforming lot only, not permitted in a cluster subdivision)

g.  Home occupation level 3 (on a conforming lot only, not permitted in a cluster subdivision)

h.  Home retail sales (on a conforming lot only, not permitted in a cluster subdivision)

i.   Municipal use.

j.   Private club

k.  Public utilities

l.   Residential care facility (on a conforming lot only, not permitted in a cluster subdivision).

m. Restaurant (on a conforming lot only, not permitted in a cluster subdivision).

n.  Retail business less than two thousand (2,000) square feet
(on a conforming lot only, not permitted in a cluster subdivision).

o.  Social events center (on a conforming lot only, not permitted in a cluster subdivision).

p.  Tradesman

5.  Uses requiring special exception

Uses listed below shall first require approval from the Board of Appeals as a  Special Exception, in accordance with standards set forth in § 101–I–14, ¶ C.1.b. Such uses shall also require Site Plan Review and approval from the Planning Board prior to the issuance of a permit by the Code Enforcement Officer. (Uses located within the Shoreland Zone, as shown on the Official Shoreland Zoning Map, are subject to the regulations of Article III, Shoreland Zoning Ordinance, especially Table III–14–1, Land Uses in the Shoreland Zone, and § 101–III–15, ¶ E, Prohibited Uses. Construction or other development within the special flood hazard Zone A1, as shown on the Frye Island Portion of the FEMA Flood Insurance Map, requires a Flood Hazard Development Permit from the Code Enforcement Officer as specified in Article IV, Floodplain Management Ordinance.)

a.  Animal husbandry (does not require a permit from the Code Enforcement Officer)

b.  Bed and breakfast

c.  Deleted [October 6, 2001; WA 13]

d.  Commercial recreation

e.  Community living facility (on a conforming lot only, not permitted in a cluster subdivision)

f.   Day care center (on a conforming lot only, not permitted in a cluster subdivision)

g.  Funeral home (on a conforming lot only, not permitted in a cluster subdivision)

h.  Inn (on a conforming lot only, not permitted in a cluster subdivision)

i.   Kennel (on a conforming lot only, not permitted in a cluster subdivision)
Kennels must be located such that they are 200 feet from all adjacent property lines

6.  Minimum lot size

Minimum lot size (minimum area per family) shall be as follows:

a.  Area: three (3) acres

b.  Frontage: two hundred (200) feet

c.  Lot width: two hundred (200) feet

7.  Minimum setback dimensions

Minimum dimensions for lots shall be as follows:

a.  Front building setback fifty (50) feet

b.  Side building setback: fifty (50) feet

c.  Rear building setback: fifty (50) feet

8.  Lots in a cluster subdivision

Lots in a cluster subdivision must maintain the setbacks approved with the subdivision unless a variance is obtained.

C.  WOC – Water-oriented Commercial Districts

These areas are to provide for retail sales and services and to serve water recreation users or uses otherwise compatible with marina and other water-oriented commercial activities. Approval will be required under the Site Plan Review ordinances.

1.  Written approval

Land uses in this district shall require written approval from the authority as indicated (e.g., Special Exception approval by the Board of Appeals, site plan approval after Site Plan Review by the Planning Board), prior to issuance of a permit by the Code Enforcement Officer.

2.  Permitted uses not requiring CEO approval

Permitted uses listed below do not require approval by the Code Enforcement Officer. (Uses located within the Shoreland Zone, as shown on the Official Shoreland Zoning Map, are subject to the regulations of Article III, Shoreland Zoning Ordinance, especially Table III–14–1, Land Uses in the Shoreland Zone, and § 101–III–15, ¶ E, Prohibited Uses. Construction or other development within the special flood hazard Zone A1, as shown on the Frye Island Portion of the FEMA Flood Insurance Map, requires a Flood Hazard Development Permit from the Code Enforcement Officer as specified in Article IV, Floodplain Management Ordinance.)

a.  Home care services

3. Permitted uses requiring CEO approval only

Permitted uses listed below require approval from the Code Enforcement Officer only, and do not require Site Plan Review. (Uses located within the Shoreland Zone, as shown on the Official Shoreland Zoning Map, are subject to the regulations of Article III, Shoreland Zoning Ordinance, especially Table III–14–1, Land Uses in the Shoreland Zone, and § 101–III–15, ¶ E, Prohibited Uses. Construction or other development within the special flood hazard Zone A1, as shown on the Frye Island Portion of the FEMA Flood Insurance Map, requires a Flood Hazard Development Permit from the Code Enforcement Officer as specified in Article IV, Floodplain Management Ordinance.)

a.  Accessory uses and buildings

b.  Family apartment

c.  Home occupation level 1

d.  Single-family dwelling

e.  Transmission towers (subject to the restrictions set forth in § 101–I–4, ¶ N,
Regulations Concerning Transmission Towers)

4.  Permitted uses requiring site plan review

Permitted uses listed below require Site Plan Review and approval by the Planning Board, in accordance with § 101–I–15, prior to the issuance of a permit by the Code Enforcement Officer. (Uses located within the Shoreland Zone, as shown on the Official Shoreland Zoning Map, are subject to the regulations of Article III, Shoreland Zoning Ordinance, especially Table III–14–1, Land Uses in the Shoreland Zone, and § 101–III–15, ¶ E, Prohibited Uses. Construction or other development within the special flood hazard Zone A1, as shown on the Frye Island Portion of the FEMA Flood Insurance Map, requires a Flood Hazard Development Permit from the Code Enforcement Officer as specified in Article IV, Floodplain Management Ordinance.)

a.  Adult day care

b.  Bed and breakfast

c.  Business and professional offices

d.  Commercial recreation

e.  Hotel

f.   Marina

g.  Motel

h.  Municipal use

i.   Restaurant

j.   Retail business

5.  Uses requiring special exception

Uses listed below shall first require approval from the Board of Appeals as a  Special Exception, in accordance with standards set forth in § 101–I–14, ¶ C.1.b. Such uses shall also require Site Plan Review and approval from the Planning Board prior to the issuance of a permit by the Code Enforcement Officer. (Uses located within the Shoreland Zone, as shown on the Official Shoreland Zoning Map, are subject to the regulations of Article III, Shoreland Zoning Ordinance, especially Table III–14–1, Land Uses in the Shoreland Zone, and § 101–III–15, ¶ E, Prohibited Uses. Construction or other development within the special flood hazard Zone A1, as shown on the Frye Island Portion of the FEMA Flood Insurance Map, requires a Flood Hazard Development Permit from the Code Enforcement Officer as specified in Article IV, Floodplain Management Ordinance.)

a.  Deleted [October 6, 2001; WA 13]

b.  Day care center

c.  Public utility

d.  Research facility

6.  Minimum lot size

Minimum lot size (minimum area per family) shall be as follows:

a.  Area: eighty thousand (80,000) square feet without public water; sixty thousand (60,000) square feet with public water

b.  Frontage: one hundred seventy-five (175) feet

c.  Lot width: one hundred seventy-five (175) feet

7.  Minimum setback dimensions

Minimum setback dimensions for lots shall be as follows:

a.  Front building setback: fifty (50) feet

b.  Side building setback: fifteen (15) feet

c.  Rear building setback: fifteen (15) feet

8.  Accessory building setbacks

Accessory buildings except sheds must meet the following setback requirements:

a.  Front building setback: thirty (30) feet

b.  Side building setback: fifteen (15) feet

c.  Rear building setback: fifteen (15) feet

9.  Shed setbacks

Sheds (accessory buildings 144 square feet or less) must meet the following setback requirements:

a.  Front building setback: thirty (30) feet

b.  Side building setback: ten (10) feet

c.  Rear building setback: ten (10) feet

D. RC – Recreational Districts

These areas are currently used for non-commercial recreational purposes and it is anticipated they will remain recreational.

1.  Written approval

Land uses in this district shall require written approval from the authority as indicated (e.g., Special Exception approval by the Board of Appeals, site plan approval after Site Plan Review by the Planning Board), prior to issuance of a permit by the Code Enforcement Officer.

2.  Permitted uses not requiring CEO approval

Permitted uses listed below do not require approval by the Code Enforcement Officer. (Uses located within the Shoreland Zone, as shown on the Official Shoreland Zoning Map, are subject to the regulations of Article III, Shoreland Zoning Ordinance, especially Table III–14–1, Land Uses in the Shoreland Zone, and § 101–III–15, ¶ E, Prohibited Uses. Construction or other development within the special flood hazard Zone A1, as shown on the Frye Island Portion of the FEMA Flood Insurance Map, requires a Flood Hazard Development Permit from the Code Enforcement Officer as specified in Article IV, Floodplain Management Ordinance.)

None

3. Permitted uses requiring CEO approval only

Permitted uses listed below require approval from the Code Enforcement Officer only, and do not require Site Plan Review. (Uses located within the Shoreland Zone, as shown on the Official Shoreland Zoning Map, are subject to the regulations of Article III, Shoreland Zoning Ordinance, especially Table III–14–1, Land Uses in the Shoreland Zone, and § 101–III–15, ¶ E, Prohibited Uses. Construction or other development within the special flood hazard Zone A1, as shown on the Frye Island Portion of the FEMA Flood Insurance Map, requires a Flood Hazard Development Permit from the Code Enforcement Officer as specified in Article IV, Floodplain Management Ordinance.)

a.  Family games such as badminton, horseshoes, etc.

b.  Picnicking

c.  Small boat launching, for example, kayaks, canoes, and small sailboats such as Sunfishä

d.  Swimming

4.  Permitted uses requiring site plan review

Permitted uses listed below require Site Plan Review and approval by the Planning Board, in accordance with § 101–I–15, prior to the issuance of a permit by the Code Enforcement Officer. (Uses located within the Shoreland Zone, as shown on the Official Shoreland Zoning Map, are subject to the regulations of Article III, Shoreland Zoning Ordinance, especially Table III–14–1, Land Uses in the Shoreland Zone, and § 101–III–15, ¶ E, Prohibited Uses. Construction or other development within the special flood hazard Zone A1, as shown on the Frye Island Portion of the FEMA Flood Insurance Map, requires a Flood Hazard Development Permit from the Code Enforcement Officer as specified in Article IV, Floodplain Management Ordinance.)

a.  Accessory uses and buildings (on a conforming lot only)

b.  Archery range

c.  Day camp for children (on a conforming lot only)

d.  Hiking and nature trails

e.  Manufactured building (on a conforming lot only)

f.   Playgrounds for children (on a conforming lot only)

g.  Recreational fields, for example, softball or hardball fields, basketball, soccer,
volleyball, etc. (on a conforming lot only)

h.  Shed (on a conforming lot only)

i.   Tennis courts

5.  Minimum lot size

Minimum lot size shall be as follows:

a.  Twenty thousand (20,000) square feet for permitted uses not requiring Site Plan Review

b.  Forty thousand (40,000) square feet, for permitted uses requiring Site Plan Review

6.  Minimum setback dimensions for lots 40,000 square feet or more

Minimum setback dimensions for lots forty thousand (40,000) square feet or more shall be as follows:

a.  Front building setback: fifty (50) feet

b.  Side building setback: forty ( 40) feet

c.  Rear building setback: forty (40) feet

7.  Minimum setback dimensions for lots less than 40,000 square feet

Minimum setback dimensions for lots less than forty thousand (40,000) square feet shall be as follows:

a.  Front building setback: fifty (50) feet

b.  Side building setback: twenty (20) feet

c.  Rear building setback: twenty (20) feet

E.  Prohibited Uses

The following new uses are prohibited in all districts in the Town of Frye Island.

1.  Airport

1a. Campground [amended October 6, 2001; WA 13]

2.  Motor vehicle graveyard

3.  Motor vehicle repair

4.  Car wash

5.  College

6.  Commercial wood processing

7.  Fueling station

8.  Mineral extraction (except as permitted in § 101–I–4, ¶ Q, Mineral Extraction)

9.  Hospital

10. Junkyard

11. Manufacturing, processing, treatment/extraction

12. Medical Clinic

13. Motor vehicle sales

14. Multi-family dwelling

15. Nursing home

16. Recycling center (except when a municipal use)

17. Restaurant, drive-thru

18. School

19. Timber harvesting

20. Two-family dwelling

21. Veterinary clinic

22. Warehousing and outside storage

23. Wholesale business

24. Unsolicited For-Profit Vending

Unsolicited For-profit Vending: the Town of Frye Island does not permit unsolicited for-profit vendors, either mobile or stationary, in temporary or permanent locations, except when participating in vendor events. Exceptions to this district zoning regulation are bulletin boards specifically designated by the town for advertisements of products or services. Persons or entities delivering to one owner cannot then actively go door to door offering products or services to others that have not requested their products or services.

Enforcement: Fines for each solicitation event will be a warning for the first event, provided the offending solicitor immediately ceases solicitation activities once warned by FIPD. If the solicitor continues their activities after being warned each subsequent offense is to be no fined at no less $150 per offense.

A use not contained is the above list is, nevertheless, not permitted in a particular district unless it is stated as a permitted use for that district in the appropriate section above.

§ 101–I–4.  General Standards

A. Applicability

The following provisions shall apply to all districts unless otherwise specified.

B. Zoning Map

The Official Zoning Map of the Town of Frye Island, dated December 1997 and as subsequently amended, is hereby adopted as a part of this Zoning Ordinance and shall be the final authority as to the current zoning status of the land and water areas, buildings, and other structures in the Town.

C.  District Boundaries

District boundaries shown within the lines of roads, streams, and transportation rights-of-way shall be deemed to follow the center lines. The abandonment and nonuse of roads shall not affect the location of such district boundaries. When the Code Enforcement Officer cannot definitely determine the location of such district boundary, he shall refuse action, and the Board of Appeals, upon appeal, shall interpret the location of the district boundary with reference to the scale of the Zoning Map and the purposes set forth in all relevant provisions of this Ordinance.

If a district boundary divides a lot, the provisions of the least restrictive district may apply for a distance of up to fifty (50) feet into the more restrictive district.

D. Lots

1.  Corner lots

a.  Front setbacks shall be defined as follows:

i.   Where a corner lot has more than one contiguous side abutting a street and each of the sides abutting a street has approximately the same length (that is, the shortest of said sides abutting a street has a length at least 95% the length of the longest of said sides abutting a street), the lot shall provide the required front setback along every such street.

ii.   Where one of the sides abutting upon a street is shorter than the other side(s) abutting upon a street, for the purposes of this section the shorter side shall be deemed the front regardless of the direction in which any buildings may face, and the front building setback shall be as specified for that size lot.

b.  Side setbacks shall be defined as follows:

i.   Where the width of the lot as viewed from said shorter side is less than one hundred (100) feet, the building setback from streets other than the front shall be thirty (30) feet.

ii.   Where the width of the lot is between one hundred (100) and one hundred twenty (120) feet, the building setback from streets other than the front shall be forty (40) feet.

iii.  Where the width of the lot is at least one hundred twenty (120) feet, the building setback from streets other than the front shall be as specified for front building setback for that size lot.

c.  Where an owner of a corner lot believes that the 30 or 40 foot setback requirement will render appropriate use of the property for a single-family dwelling difficult, such owner may request a  Special Exception upon proof of notification to all abutters. Such Special Exception shall require approval only by the Board of Appeals.

2.  Non-conforming lots [amended October 11, 2003, WA 11]

a.  A single lot of record which fails to meet the requirements for area, or width, or both, that are generally applicable in the district may be built upon subject to the following conditions and restrictions:

i.   The lot must have been in ownership separate from that of all lots and parcels contiguous to it prior to the date on which the lot became non-conforming by reason of adoption or amendment of this Ordinance.

ii.   It must not share a common property line with other such lots in the same ownership,

iii.  Yard and other requirements not involving area or width must conform to the regulations for the district in which the lot is located, except that said lot need not have adequate street frontage so long as there is either a public or private vehicular access way to the lot.

iv.  No more than one single-family dwelling may be built upon such single lot.

v.   Variance of area, width and yard requirements shall be obtained only through action of the Board of Appeals.

b.  Contiguous lots, vacant or partially built. If any of two (2) or more contiguous lots under single or joint ownership fails to meet the dimensional requirements of this Ordinance or subsequent amendments, and if one (1) or more of the lots are vacant or contain(s) only an accessory building, then the lots shall be combined to the extent necessary to meet all dimensional requirements. This subsection is intended to apply to all lots, whether shown on a recorded plan or not. It is specifically intended that this provision shall require the merger of improved lots with unimproved lots and is not limited to merging unimproved lots only. Contiguous lots each containing a dwelling unit prior to becoming non-conforming or prior to coming under common ownership shall not be merged.

3.  Back lots

a.  Access

i.   A fifty (50) foot wide access shall be provided for back lots.

ii.   Said access shall be owned either in fee or permanent easement and maintained by the back lot users.

iii.  Record of said access way shall be recorded as part of the deed of each lot user on file with the Cumberland County Registry of Deeds.

iv.  Access way entrance to a street shall conform to standards of Article II, Subdivision

, and shall be approved by the Public Works Director.

v.   The issuance of a building permit for a single-family dwelling on a back lot shall in no way be construed to imply the acceptance of any access way for the purpose of maintenance or improvements by the Town of Frye Island.

vi.  Creation of a subdivision requires compliance with the provisions of Article II, Subdivision Ordinance.

b.  Frontage

Frontage equal to the street frontage required for the zoning district shall be required along the access way.

c.  Lot size

i.   Any back lot shall be equal to or greater than the minimum lot size dimensions required for the zoning district. Computation of minimum lot size area shall not include any portion of the area devoted to an access way.

ii.   The side of the lot nearest and generally parallel to the road to which the back lot access way leads shall have a frontage width equal to the street frontage required for the zoning district.

d.  Construction of private way

i.   The construction of private ways shall meet the standards specified in §–101–II–6, ¶ B, Street Design Standards.

ii.   The issuance of a building permit for a single-family dwelling on a back lot shall in no way be construed to imply the acceptance of any access way for the purpose of maintenance or improvements by the Town of Frye Island.

iii.  A lot which currently meets minimum road frontage requirements shall not count as a lot for the purpose of this section, unless the access way services such lot.

iv.  This section is not intended to prohibit the Board of Appeals from granting a variance if the variance requirements are met.

4.  Lots with adequate water frontage

Not withstanding any provisions to the contrary in these Land Use Ordinances, a single lot of record which lacks adequate road frontage and does not have public or private motor vehicle access may be built upon and used for any use allowed in the zoning district if such lot has water frontage which equals or exceeds the road frontage requirement in the zoning district and is accessible by watercraft.

5.  Non-Conforming Setbacks [amended October 11,2008, WA 20]

A.   Setback Reduction Appeals:   The Board of Appeals may grant reductions from the minimum setback requirements according to all of the following criteria:

1.     Setback reduction appeals are only available to reduce the minimum requirements for setbacks of structures from Lot boundary lines. Setback reduction appeals shall not be used, and are not available, to reduce required minimum setbacks of structures from bodies of water as provided in this ordinance.

2.     The Board of Appeals shall grant a setback reduction appeal if the Board finds that granting the setback reduction will not result in unreasonable interference with the privacy interests of the abutting landowners.

3.     In granting a setback reduction the Board of Appeals may attach reasonable conditions which it may deem necessary to serve the purpose of this ordinance.

4.      A setback reduction appeal shall not be granted to enable construction or renovation that will result in more than one garage on the lot that is the subject of the appeal.

5.     Setback reduction appeals may only be granted to the minimum extent necessary to accomplish the purpose of the appeal. Setbacks may not be reduced by appeal to less than the following absolute minimum setbacks:

Side yard       10 feet

Front yard      30 feet for a dwelling unit and 20 feet for an accessory building

Rear yard       15 feet

 

E.  Cluster Development

1.  Where permitted

This technique is permitted, if approved by the Planning Board, in any district allowing residential development, subject to the use limitations contained in § 101–I–3.

2.  Purpose of cluster development

The purpose of cluster development shall be to encourage a development which will result in:

a.  Choices in the types of environment, living units, and quality in residential land use that will help make the development a permanent and long-term asset to the Town.

b.  Contiguous open space and recreational areas which are accessible and functional.

c.  A pattern or development which preserves trees, outstanding natural topography, and geologic features and which prevents soil erosion.

d.  An efficient use of land resulting in smaller networks of utilities and streets.

e.  An environment in harmony with surrounding development.

f.   A more desirable environment than would be possible through the strict application of other sections of this Ordinance.

g.  A subdivision design which creates lots with frontage and primary access to roads that helps to preserve existing undeveloped land along roads and to provide safe access for individual lots in the proposed development.

h.  A subdivision design which strives to surround areas utilized for individually owned lots with common open space.

i.   Common open space functioning as an adequate buffer between the individually owned lots in the subdivision and the abutting property not under the control of the applicant proposing the subdivision.

3.  Information required in cluster development proposal

Proposals for residential cluster development projects shall be submitted to the Code Enforcement Officer, who shall submit copies to the Planning Board. A site plan drawing shall be included in the proposal and shall show the following:

a.  All buildings, parking areas, signs, and landscaping at a scale sufficient to permit the study of all elements of the plan.

b.  Adjacent building outlines and other outstanding features within two hundred (200) feet or as required by the Planning Board.

c.  All utilities, both shown and described.

d.  Elevations for all signs.

e.  Typical elevations and floor plans of all buildings may also be required.

4.  Planning Board authority

The Planning Board shall have the authority to approve or deny any applicant’s proposal for a cluster subdivision based on the Board’s determination as to whether or not the proposal is consistent with the purposes of allowing cluster development as stated in this section.

5.  Predominant use constraints

The predominant use of the land shall not differ from the uses permitted in the district in which the plan is located.

6.  Minimum area per family

The minimum area per family (square feet) under cluster development shall conform to district requirements.

7.  Permitted modifications in area per dwelling unit requirements

The Planning Board, in reviewing and approving a proposed residential subdivisions under this section, may approve a reduction in the area requirements to allow one dwelling per acre if the project meets the standards contained in this section. The remainder of the required acreage per lot for that zone will be deeded to open space as established in § 101–I–4, ¶ K. below, to be used for green space or buffers between the subdivision and abutting subdivisions or rights-of-way.

F.  Family Apartment Standards

1.  Purpose

The purpose of the provisions concerning a family apartment is to provide a means for family members to inhabit a separate residence, co-located with a primary dwelling unit, while protecting the single-family character of residential neighborhoods.

2.  Approval

A family apartment requires approval from the Code Enforcement Officer. It shall be the duty of the CEO to review all District Regulations and applicable standards and approve a Family Apartment if, in the opinion of the CEO, the Family Apartment meets regulations and standards.

3.  Performance Standards

a.  A family apartment shall not be permitted as a non-conforming structure nor in conjunction with any existing non-conforming structure, unless granted a variance by the Board of Appeals.

b.  A family apartment shall only be allowed as an accessory use of an existing single-family residence. A family apartment is specifically disallowed as an accessory use to a duplex, or any multi-family dwelling.

c.  A family apartment shall only be occupied by a direct family member, by blood, adoption or marriage. If a family apartment has been approved by the Town and a family member no longer lives in the apartment, then the Town approval shall be considered void. This specifically disallows usage of said apartment by non-family members.

d.  Adequate off-street parking, as determined be the CEO, is required for both residences.

e.  The family apartment shall not exceed 30% of the floor area of the main dwelling unit. Floor area measurements shall not include unfinished attic, basement or cellar spaces, nor public hallways or other common areas.

f.   Any request for a family apartment shall conform to all provisions of the Maine State Plumbing Code. No dwelling that is served by an on-site wastewater disposal system shall be modified to create a family apartment until a site evaluation has been conducted by a licensed soil evaluator which demonstrates that a lawful wastewater system will be utilized, in support of both the primary residence and family apartment.

g.  Any structural changes must meet applicable building codes. No open or enclosed outside stairways shall be permitted above the first story.

h.  Additional land area and/or frontage are not required for a family apartment provided that the standards contained herein are met and maintained.

G. Community Living Facility Standards

1.  Planning Board review

The Planning Board shall review all community living facilities under Site Plan Review, according to the provisions of § 101–I–15, Site Plan Review, including the conditions listed in ¶ B of that section. The Planning Board shall also have the authority to modify or disapprove the application based on any of the following problems:

a.  The proposed use would create or aggravate a traffic hazard.

b.  The proposed use would hamper pedestrian circulation.

c.  The proposed use would not permit convenient access to commercial shopping facilities, medical facilities, public transportation, fire protection, or police protection.

d.  The proposed use would not comply with applicable building, housing, plumbing and other safety codes, including municipal minimum lot size and building set-back requirements for new construction.

e.  The proposed use would not comply with the density requirements of ¶ G.2. below.

2.  Density regulation

Density regulation of community living uses is intended to permit the location of these uses within a municipality while ensuring that they will not become overly concentrated in neighborhoods to the detriment of either the neighborhoods or those residing in the community living uses.

3.  Excluded uses

The Town of Frye Island shall not approve a community living facility if, as determined by the Planning Board, any of the following conditions are met:

      1. A proposed community living use would be located within 1,500 feet of an existing community living use.
      2. A proposed community living use would result in the excessive concentration of these uses within the zone or municipality.

H. Manufactured Housing Units

1.  Restrictions on manufactured housing units located outside mobile home parks

Manufactured housing units which are placed on lots outside of mobile home parks must:

a.  Not be located within an historic district which has been included on the National Historic Register.

b.  Shall meet all applicable State standards including, but not limited to Title 30-A, Section 4358, Regulation of Manufactured Housing, and Title 10, Section 9094, as amended, Restrictions on Sale or Removal of Mobile Homes.

c.  Deleted [October 6, 2001; WA 11]

2.  Mobile home park restrictions

Mobile home parks shall conform to the following space and bulk standards:

a.  Mobile park lot size: twenty thousand (20,000) square feet, except that where a clustered septic system is utilized, lot sizes may be reduced to twelve thousand (12,000) square feet, provided that the entire park parcel contains at least twenty thousand (20,000) square feet per lot or unit.

b.  Minimum road frontage: one hundred (100) feet.

c.  Minimum distance between buildings: thirty (30) feet.

d.  Minimum setback from property line of individual lot: fifteen (15) feet.

e.  Minimum setback from the mobile home park property line: sixty (60) feet.

f.   Maximum building height: twenty-five (25) feet.

g.  Road standards: these standards shall conform to standards developed by the Manufactured Housing Board.

I.   Temporary Structures

Temporary structures used in conjunction with construction work shall be permitted during the period that the construction work is in progress. Permits for temporary structures shall be issued for a six-month period and may be renewed by the Building Inspector.

J.  Height Regulations

The building height limitations for all districts shall be thirty-five (35) feet with the following exceptions:

1.  Silos for the storage of feed crops.

2.  Steeples.

3.  When otherwise authorized by the Board of Appeals in cases where it is consistent with the objectives of the Comprehensive Plan, will not adversely affect surrounding areas, and is in scale with its environs.

K. Open Space

1.  Purpose

The purpose of this section is to provide for controlled flexibility of lot sizes in residential developments in order that the number of dwelling units contemplated by the lot size and density requirements of this Ordinance may be maintained on an overall basis while preserving, for the benefit of the residents in such developments, desirable open space, tree cover, scenic areas, and natural features.

2.  Procedure for reducing lot or unit area requirements

A developer shall be allowed to reduce the lot or unit area requirement in any residential development in accordance with the following procedure:

a.  The maximum number of lots or units to be permitted within any residential development shall be determined by reducing the total area of the proposed development as follows:

1.  By deducting fifteen percent (15%) for street rights-of-way.

2.  By removing those portions thereof which are undevelopable, such as rock outcrops, gravel pits, wetlands, or due to configuration, steepness of slope, subsurface conditions, or other existing natural impediments.

The remaining developable area shall be divided by the minimum lot area to determine the maximum number of lots or units permitted.

b.  By reserving a portion of the developable area, as determined in ¶ K.2.a. above,  as open space, any developer shall be able to increase the number of lots or, with uniform decrease in lot sizes, the number of units in the proposed development, above the number determined under ¶ K.2.a. above.  Such property  reserved for use by the public or by the residents of such development as natural or improved open space must be approved by the Planning Board, with the permitted increase being according to the following Table:

 

 

Percentage of Developable Area So Reserved

Percentage Increase Over Maximum Number

10%
20%
30%
40%
50%
60%
70%

4%
8%
11%
15%
18%
21%
25%

 

 

c.  The property reserved under ¶ K.2.b. shall be deeded to the Town for park purposes, if the Town accepts the same; or shall be deeded to a compulsory association, to be composed of all property owners in such development; or shall be so reserved by recorded instrument and plan or other means approved by the Planning Board.

d.  The Planning Board shall permit lot or unit area reduction within the limitations of this section upon a showing that all of the following conditions have been met:

i.   The property to be reserved is in a location, shape, topography, size, condition, and nature of growth which will preserve for the residents of such development desirable open space, tree cover, scenic areas, or natural features.

ii.   Adequate provisions for such dedication have been completed.

L.  Campsite Size

Campsite size shall conform to the standards in § 101–III–15, ¶ D, Individual Private Campsites.

M.                                           Water Recreation and Water Storage Facilities

Any facility for water recreation, such as private swimming pools, outdoor water storage tanks, swimming clubs, commercial fishing ponds, or any other water storage facility, such as reservoirs, fish hatcheries and sewage lagoons, excluding fire ponds, shall comply with the following requirements:

1.  Setback and CEO permit requirements

The facility shall, at a minimum, conform to the setback requirements and require a permit issued by the Code Enforcement Officer.

2.  Fencing of below-ground facilities

Below-ground facilities shall be enclosed by a fence no less than four (4) feet high to prevent uncontrolled access by small children.

3.  Parking requirements

The facility, if operated to attract visitors, shall comply with parking requirements established under § 101–I–6, ¶ C..

4.  Submittal of plan to Planning Board

Before a permit shall be issued to the operator or owner of the facility, a plan shall be submitted to the Planning Board showing size of facility, proposed use, parking arrangement, use of buildings on the site, surrounding properties and their usage, and any other pertinent information.

5.  Permit requirement for private swimming pools

For private swimming pools, the Code Enforcement Officer shall issue a permit.

N.  Regulations Concerning Transmission (Antenna) Towers

1.  Intent

The intent of this section is to regulate the location and erection of all transmission towers in all districts in order to:

a.  Minimize adverse visual effects of towers through careful design, siting, and vegetative screening.

b.  Avoid potential damage to adjacent properties from tower failure and falling ice through engineering and careful siting of tower structures.

c.  Preserve the rural character of Frye Island.

2.  Tower height restrictions

Towers shall not exceed two hundred (200) feet in height above ground surface in all districts where permitted except the Rural District, where the height is restricted to one hundred twenty-five (125) feet.  Special Exceptions and variances shall not be granted. Municipal towers are not exempt from these requirements, unless the tower is an accessory use with a municipal building where the municipal tower shall not exceed two hundred (200) feet.

3.  Setback requirements

All transmission towers shall be set back from the lot lines a distance of one and one-half (1 1/2) times the structure height, but not less than the minimum setback requirements for that zone. Other structures including but not limited to any accessory structure(s) and guy wire anchors must meet setbacks established in this Ordinance. Municipal towers are exempt from these requirements when the tower is an accessory use with a municipal building.

4.  Proof of conformity required

When regulated by the United States Federal Aviation Administration (FAA) or Federal Communications Commission (FCC), applications for transmission towers shall be accompanied by evidence that such tower (and any related structures) meets or can meet requirements and specifications of the FAA and FCC. The applicant shall also furnish evidence of appropriate FAA/FCC operator licensing prior to construction.

5.  Fence or wall required

A chain link (security) fence or wall not less than eight (8) feet in height from the finished grade shall be provided around each transmission tower. Access to the tower(s) shall be through a locked gate.

6.  Buffering required

Vegetative buffering must be provided to screen the transmission tower, including any accessory buildings and structures at ground level, from adjacent land uses. If existing vegetation does not provide adequate buffering, as defined by the Planning Board, to minimize visual impact of the structure, the Planning Board may require the applicant to provide a visual impact analysis by a qualified professional, at the applicant's expense, who will provide a written recommendation to the Planning Board for approval.

7.  Lights

Lights shall be focused, shielded or hooded in accordance with this Ordinance. Security lights must be motion activated and shall not remain on when there is no activity in the vicinity of the tower.

8.  Cooperation with Code Enforcement Officer

At least thirty (30) days prior to the beginning of transmission tower construction, the applicant shall notify the Code Enforcement Officer of the date on which construction will begin. The Code Enforcement Officer may require the applicant to pay the cost for special officers to ensure traffic safety while the transmission tower and related materials and equipment are being delivered to the site and to take other reasonable measures which might be necessary to protect rights-of-way, neighboring property, and persons during construction of the transmission tower.

9.  Radiation levels

The design, siting and operation of the transmission tower and any related structures must assure that all potentially hazardous radiation is controlled or contained and that radiation levels are at safe levels at the property lines of the site. The standards for emission levels shall be the Federal or State NIER emission or measurement standard, whichever is more strict. Until such standard(s) is established, the NIER emissions shall not expose the general public to ambient radiation exceeding an equivalent plane wave power density of zero and two-tenths (0.2) milliwatts per square centimeter (mW/cm2) from thirty (30) to three hundred (300) megahertz (MHz) frequency range, averaged over a one-tenth-hour period. The standard shall be measured at the property lines.

10. Color of tower

Subject to federal requirements stating otherwise, transmission towers shall be finished or painted silver or gray or retain galvanized finish in order to blend with the sky above treetop level and earth-tone colors to blend with colors below treetop level. The purpose of these requirements is to minimize the visual effects of the tower(s) through design, siting, or possible screening.

11. Permit required

a.  A new permit or a modification of an existing permit shall be required:

i.   Before any additional antenna or broadcasting capacity is added to the transmission tower facilities and capacity that exist at the time of a previous tower site plan approval.

ii.   Before any changes are made to existing towers, accessory building, or other uses on the site not covered by a site plan approval.

b.  The new permit or modification of a previously existing permit must provide all necessary information and assurances to substantiate that the tower is capable of safely handling the additional antenna and that the other site requirements (parking, screening, etc.) will be met according to the requirements of this ¶ N.

12. Safety

Prior to approval of Site Plan Review, the applicant shall establish that the location, construction, and operation of the proposed transmission tower will not represent a safety hazard to abutting properties or public rights-of-way.

13. Removal of tower

The transmission tower owner will notify the Code Enforcement Officer within thirty (30) days of the tower being taken out of operation. Within sixty (60) days of the tower going out of operation, the owner shall notify the Planning Board of his or her intentions for the tower in the future. If there is no future use intended for the tower, it must be dismantled and removed from the site within nine (9) months of the date of notice. The applicant shall be required to place in escrow an amount sufficient to cover the cost of tower removal, with this bond to be reviewed every ten (10) years. These requirements shall be placed on the site plan as conditions of the use.

14. Use of third-party professional

The Planning Board may require that certain information and evidence be provided by a third-party professional at the expense of the applicant to ensure that the requirements of this ¶ N. are satisfied.

O. Signs

Signs are specifically prohibited except as herein provided:

1.  Materials and maintenance

All signs must be constructed of durable materials and shall be maintained in good condition and repair at all times.

2.  Residential identification signs [amended October 6, 2001; WA 12]

In any district, a sign not exceeding four (4) square feet in surface is permitted without permit which announces the 911 designation number and/or the name of the street, owner, occupant, and/or house on which said sign is located. A sign that also announces the profession or home occupation of the occupant is also permitted but requires a permit as specified in ¶ O.5.

3.  Bulletin boards

A bulletin board not exceeding twenty-four (24) square feet is permitted in connection with any church, school, or similar public structure. A bulletin board for a business is permitted provided that other provisions of this Ordinance are met. Any bulletin board for a business shall be counted towards the business’s total sign area.

4.  Temporary real estate and construction signs

A temporary real estate or construction sign not exceeding six (6) square feet is permitted on the property being sold, leased, or developed. Such sign shall be removed promptly when it has fulfilled its function.

5.  Permit required [amended October 6, 2001; WA 12]

Except as provided for in ¶ O.2, Residential Identification Signs, each new sign must receive a permit before erection from the municipal officers or their duly appointed agent.

6.  Signs in disrepair

Any sign which is or becomes in disrepair shall be removed upon order of the municipal officers if not repaired after thirty (30) days' notice. Any new sign must conform to all regulations.

7.  Business signs

Business signs shall be permitted in connection with any legal business so long as they meet the following requirements:

a.  For individual business, professional, or commercial establishments, only one (1) sign shall be permitted per business, except by  Special Exception.

b.  The primary purpose of the above-referenced signs shall be for identification.

c.  Signs shall not extend above the roof or parapet of the building.

d.  Illuminated signs shall be shielded in such a way as to produce no glare, undue distraction, confusion, or hazard to the surrounding area or to vehicular traffic. Illumination shall be properly focused upon or from within the sign itself.

e.  Signs attached to a building shall be perpendicular or parallel to the building facade.

f.   Signs which are animated, gaudy, flashing, or with intermittent illumination are prohibited.

g.  Signs shall not project over public rights of way or property lines.

h.  Sign size shall be in proportion to the land use and the lot and building size, but in no case shall exceed one-half (1/2) square foot per linear foot of lot frontage. The maximum square footage of any sign, or signs when more than one (1) is permitted, shall be one hundred (100) square feet.

i.   No permit for a portable sign shall be granted for a period in excess of 120 days for any particular property, business, or location in any twelve-month period. Portable signs shall not be placed on a lot such that sight distance along a public way is constricted, either for vehicles exiting the premises or for vehicles traveling along the public way.

j.   Ground signs shall be at least fifteen (15) feet from any street or from any lot line of the premises. Such signs shall have a maximum height of ten (10) feet.

P.  Fences

1.  Purpose

The purpose of this paragraph. is to regulate the placement of fencing on Frye Island properties.

2.  Fence permit required; standards

The property owner shall obtain a permit from the Code Enforcement Officer to erect a fence on their property. Said fence shall be at least twelve (12) inches from the abutting property line and shall be maintained by the owner of the property on which the fence stands. Fences may be erected at any distance less than 12 inches from the property line in the event written consent from the affected abutter (s) is provided to the Town.

3.  Preexisting fences

Existing fences in place on the date of enactment of this Ordinance shall be considered grandfathered and may remain in place.

4.  Fence violations and penalties

Any person found to have committed a violation of this Ordinance shall be fined an amount equal to twice the permit fee set forth from time to time by resolution of the Board of Selectmen.

Q. Mineral Extraction

1.  Purpose

The purpose of this section is to regulate the removal, processing, and storage of topsoil and/or loam, rock, sand, gravel, and other similar natural assets within the boundaries of Frye Island and to ensure the scientifically sound, adequate, and appropriate management and utilization of these natural resources. These regulations are specifically intended to protect the quality of the groundwater and other water bodies, to prevent the lowering of the water table, to control erosion, and to provide for the safety of the public through access control.

2.  Mineral extraction regulations

a.  Mineral extraction is not permitted in any district in the Town of Frye Island, with the following exceptions::

i.   Excavation whose sole purpose is to determine the nature or extent of mineral resources if it is accomplished by hand sampling, test boring, or other methods which create minimal disturbance. Test holes shall be filled in immediately after use.

ii.   The removal of less than one thousand (1,000) cubic yards of material (except topsoil) in any one (1) year, provided that all of the following standards are met:

[1.] Such removal does not disturb an area greater than one (1) acre, meaning total excavated area.

[2.] Such removal does not cause unreasonable erosion as determined by a town-appointed Code Enforcement Officer (CEO).

[3.] The primary use of the excavated material is for the personal use of the owner.

[4.] No advertising or commercial sales of the excavated materials shall be permitted.

iii.  Excavation or grading which is undertaken as part of and subordinate to an approved construction project, such as a subdivision, permitted structure or road.

b.  The removal of more than five hundred (500) cubic yards of topsoil or loam in a calendar year from a site is not permitted unless it is undertaken as part of an approved construction project, is part of normal farm operations, or the topsoil or loam is being moved to a contiguous site having the same ownership.

R.  Alternate Soils Test Pit

Any lot whose first soils test pit reads as a medium-large sewage disposal system or larger shall be required to have its alternate soils test pit located a minimum of one hundred twenty (120) feet from the first. This provision shall not apply to lots of record approved prior to the effective date of the Frye Island Zoning Ordinance.

S.   (not used)

T.  Road Opening Section

Any road opening must be approved by the Town or its designee(s) in advance. See Section 101-I-11 C for fines and penalties. [added by Town Meeting 10/7/06, Article 12]

U.  Clear Cutting [amended October 11,2008, WA 17]

1. Prohibition        

After the effective date of this Section, clear cutting of a lot is prohibited except as shown on an approved building permit     

2. Remediation

    If a lot is clear cut after the effective date of this Section, no Building Permit shall be granted for that lot until Remediation has been completed.  If more than 5 trees are required, no one species shall make up more than 50% of the number of trees planted.  The Code Enforcement Officer shall determine whether the Remediation is sufficient.  The Code Enforcement Officer may issue a conditionally approved Building Permit showing the Remediation which is required, but construction may not be commenced until completion of the Remediation.

3. Secondary Growth

    If a lot has been clear cut prior to the effective date of this ordinance, and no Substantial Start has been completed under a Building Permit, all secondary growth must be allowed to grow and remain until a building permit has been granted.

4.       Permissible Cutting and Clearing

    The requirements of § 101-III-15 N.3 shall apply to all lots in any Residential District in the Town, with the permissible clearing being calculated as though the entire lot were within the Shoreland Zone at distances greater than 100 feet, horizontal distance, from Sebago Lake.


 

§ 101–I–5.  Home Business Standards

A.  Home Occupation Levels

A home occupation is one that is performed accessory to a residential use and is customarily carried on in a dwelling unit. The use shall be carried on by a family member of a household residing in the dwelling unit and must be clearly incidental and secondary to the primary, residential use of the dwelling. The following conditions must be met and maintained:

1.  Home Occupation Level 1

a.  The occupation shall be carried on wholly within the principal building.

b.  Not more than one person outside the dwelling unit shall be employed in the home occupation. For the purposes of a Home Occupation Level 1, persons living in a Family Apartment shall not be considered living in the household/dwelling unit.

c.  There shall be no exterior display, no exterior sign, no exterior storage of material, nor other exterior indication of the home occupation or of variation from the residential character of the principal building.

d.  No nuisance, offensive noise, vibration, smoke, dust, odors, heat, glare, or electrical distribution shall be generated by the home occupation.

e.  Traffic in excess of that customarily occurring in a residential neighborhood shall not be generated. (Residential traffic shall be measured according to the current edition of the Institute for Traffic Engineers Handbook.)

f.   Customers or clients must be limited to no more than two at any one time in the dwelling unit.

g.  The home occupation shall not utilize more than 15% of the total floor area of the dwelling unit.

h.  Retail sales can not be considered a Home Occupation Level 1.

i.   No more than one home occupation, as determined by the Planning Board, shall be permitted within any single dwelling unit.

j.   Adequate off-street parking spaces shall be provided for the maximum number of vehicles on site at any one time. In no case shall parking be on a road.

k.  If customers/clients may need to visit the site for the home occupation, provisions must be made to ensure that all vehicles can adequately turn around on site before re-entering the road.

l.   Home Occupation Level 1 can include, but is not be limited to, the following: art or craft studio, dress making service, and teaching or tutoring facilities. Home Occupation Level 1 shall not be interpreted to include the following: facilities for repair of motor vehicles or day care centers

m. CEO approval is required. If the owner/applicant wishes to appeal a determination made by the CEO for a Home Occupation Level 1 application, the owner/applicant shall apply to the Planning Board and the Planning Board shall determine the conditions that must be met and maintained.

2.  Home Occupation Level 2

Same conditions as Home Occupation Level 1 except that:

a.  Not more than two people outside the home shall be employed in the home occupation. Not more than one of the non-household employees shall be actively working on the property at any one time. For the purposes of Home Occupation Level 2, persons living in a family apartment shall not be considered to be living in the household/dwelling unit.

b.  Any sign must meet standards contained in § 101–I–4, ¶ O, Signs, provided further that the total sign area for the Home Occupation Level 2 does not exceed eight (8) square feet.

c.  The home occupation shall not utilize more than 20% of the total floor area of the dwelling unit.

d.  Services are allowed on the premises. However, no retail sales are allowed unless all necessary approvals are obtained. All retail sales must be directly related to the home occupation as determined by the Planning Board.

e.  Home Occupation Level 2 shall include but not be limited to the following: art studio, dress making shop, hairdressing shop, teaching or tutoring facilities, office of a physician, optometrist, lawyer, engineer, architect, or accountant, and office of a real estate broker or agent of an insurance broker. Home Occupation Level 2 shall not be interpreted to include the following: facilities for the repair of motor vehicles, day care centers, or retail sales other than qualifying home retail sales.

f.   Planning Board Site Plan Review and approval is required.

3.  Home Occupation Level 3

Same conditions as Home Occupation Level 2 except that:

a.  The occupation may be carried on wholly within the principal structure or within accessory structures on the same lot such as a barn or garage.

b.  Not more than three people outside the household shall be employed in the home occupation. For the purposes of Home Occupation Level 3, persons living in a family apartment shall not be considered living in the household/dwelling unit..

c.  The home occupation shall not utilize more than 35% of the total floor area of the dwelling unit or principal structure.

d.  For home occupations comprising more than 20% of the principal structure:

i.   The minimum lot size specified for the district must be increased by 30%.

ii.   Setbacks from directly abutting residential lots must be doubled.

iii.  The number of commercial parking spaces specified in this Ordinance must be provided directly behind the principal structure

a.  Any retail sales must be directly related to the home occupation.

b.  Home Occupation Level 3 shall include but not be limited to the following: art studio, dress making shop, hairdressing shop, teaching or tutoring facilities, office of a physician, optometrist, lawyer, engineer, architect, or accountant, and office of a real estate broker or agent of an insurance broker. Home Occupation Level 3 shall not be interpreted to include the following: facilities for the repair of motor vehicles, day care centers, or retail sales other than qualifying home retail sales.

c.  Planning Board Site Plan Review and approval is required.

B.  Home Retail Sales

1.  Applicability and Planning Board authority

Home retail sales are limited retail sales which are directly related to an approved home occupation and which meets and maintains all of the standards listed below. The Planning Board has the authority to review all home retail sales. The Planning Board may approve, with conditions, or deny a request for home retail sales based on applicable review standards.

The Planning Board has the authority to place limits and conditions on the home retail sales. Depending on the size and scale of the home retail sales, the Planning Board may require Site Plan Review approval.

2.  Review considerations

The Planning Board shall consider the following elements when considering an application for home retail sales.

a.  Provisions for adequate off street parking and on-site turn around areas for anticipated traffic volumes.

b.  Adequate site distance when entering and exiting the site from a public road.

c.  Potentially offensive nuisances including, but not limited to, traffic, parking, noise, vibration, smoke, dust, odors, heat, glare, and electric disturbance.

3.  Standards

All home retail sales must meet and maintain the following standards:

a.  All necessary approvals for the appropriate level of home occupation must be obtained.

b.  The home occupation is accessory to residential use on the property, is customarily carried on by a member of the family residing in the dwelling unit, and is clearly incidental and secondary to the use of the dwelling unit for residential purposes.

c.  The home retail sales shall occur in the residence or in an accessory building, attached or detached, on the same parcel.

d.  A conforming lot is required for home retail sales.

e.  The maximum total display area is six hundred (600) square feet. This display area my be in addition to the maximum square footage allowed to be utilized for the home occupation.

f.   The maximum total outdoor display area is to be two hundred (200) square feet. Any outdoor display area shall be considered part of the total display area. Any outdoor display area shall be located on the parcel and within the property boundaries. In no event shall any part of the outdoor display be located within the public right-of-way for a street or road.

C.  Tradesman

A tradesman is any occupation or profession which is accessory to a residential use and is customarily carried on in a building or other structure accessory to a dwelling unit and carried on by a member of the family residing in the dwelling unit that meets and maintains the following conditions:

1.  The occupation or profession shall be carried on principally within the accessory building.

2.  Not more than two (2) people outside the family shall be employed in the occupation or profession.

3.  There shall be no exterior display, no exterior sign (except as expressly permitted by the district regulations of this Ordinance), no exterior storage of materials, and no other exterior indication of the occupation or profession or variation of the residential character of the principal building.

4.  No nuisance, offensive noise, vibration, smoke, dust, odors, heat, glare, or electrical disturbance shall be generated.

5.  The proposed profession or occupation will not alter the existing character of the surrounding zoning district to the extent that it could become a detriment or potential nuisance to said zoning district.

D. Yard/Garage Sale Standards

Yard or garage sales shall not be conducted more frequently than four (4) days in any calendar year.

§ 101–I–6.  Commercial, Professional, or Business Use Standards

A.  Lighting Standards

To reduce competition with street lighting and the conflicting visual signals produced by many direct lighting sources, all new lighting fixtures placed to illuminate any portion of a commercial, professional or business establishment, including parking lots, shall be concealed-source light fixtures.

B.  Design Compatibility

The design of all new business, professional, or commercial establishments in any district shall be compatible with existing buildings within and around the proposed development site.

C.  Off-street Parking Design

1.  Parking design

a.  For commercial, professional, or business establishments which have any frontage on a collector or arterial street and which are situated in a Water-oriented Commercial District, all off-street parking for such facility shall conform to the following standards:

i.   For buildings under ten thousand (10,000) square feet, all parking shall be situated behind that portion of the structure which faces the arterial or collector street, except that one (1) row of parking may be situated along one (1) side of the structure.

ii.   For buildings ten thousand (10,000) square feet and over, sixty percent (60%) of the parking shall be situated behind that portion of the structure which faces the arterial or collector street. The remaining forty percent (40%) may be situated at the sides or rear of the structure.

b . For commercial, professional, or business establishments which have any frontage on two (2) collector or arterial streets and which are situated in a Water-oriented Commercial District, all off-street parking shall be situated as near as possible to the corner of the building which is most distant from both streets. In no case shall any parking be situated closer than seventy-five (75) feet to either street.

c.  All off-street parking constructed in conjunction with a commercial, professional, or business development which fronts on a collector or an arterial street and is situated in a Water-oriented Commercial District shall be designed such that vehicles can turn around within the parking area and enter the street in a forward motion.

d.  Curb cuts into any off-street parking facility shall be limited to one (1) per lot for all lots with less than two hundred (200) linear feet of street frontage. For lots with more than two hundred (200) feet of frontage, a maximum of one (1) cut per two hundred (200) feet of frontage shall be permitted to a maximum of two (2). Wherever possible, adjacent establishments shall utilize shared driveways.

2.  Landscaping

All off-street parking facilities constructed in conjunction with a commercial, professional, or business establishment which has any frontage on an arterial or collector roadway and which is situated in a Water-oriented Commercial District shall be landscaped with islands or berms which incorporate deciduous street trees within and adjacent to the lot area. Trees shall be placed in accordance with the following schedule:

a.  Trees shall be at least eight (8) feet tall.

b.  Any trees or other landscaping materials placed in response to the requirements of this ¶ C.2. which die or are damaged at any time shall be immediately replaced to ensure that the goals of this paragraph are achieved. All landscaping required by this ¶ C.2. shall be well-maintained throughout the year.

c.  Interior parking area: one (1) tree for every ten (10) parking spaces. Trees may be clustered on islands or berms within the parking lot or may be equally spaced throughout the lot. The goal of tree placement is to soften the visual appearance of the parking area and to provide shade during the summer months.

d.  Rear yard: at least one (1) tree approximately every thirty (30) feet, situated either evenly across the rear boundary line of the parking lot or in pairs which are grouped to create an attractive cluster of vegetation which clearly delineates the rear boundary of the site.

e.  Side yard: at least one (1) line of deciduous trees spaced evenly approximately every thirty (30) feet along both side lines of the lot. The actual distance between trees shall be determined by the anticipated mature crown size of the species planted.

3.  Conversion or expansion of existing buildings to commercial, business, or professional use

Any existing building which has any frontage on a collector or arterial street in a Water-oriented Commercial District and which by change of use becomes a commercial, professional, or business establishment shall conform to the standards of this ¶ C. to the maximum extent feasible. Expansions of existing business, commercial, or professional establishments which have any frontage on a collector or arterial street in a Water-oriented Commercial District shall also conform to these standards to the maximum extent feasible. Any modifications of the above standards shall be approved by the Planning Board.

D.  Buffer Areas to Other Districts

No building shall be erected or any use permitted in nonresidential districts which abut residential districts unless the following side and rear yard requirements are satisfied.

1.  All such side and rear yards abutting residential districts shall maintain the district boundary in its natural state to provide a visual screen between districts of at least fifty (50) feet.

2.  Where no natural buffering can be maintained, all such side and rear yards abutting residential districts shall be landscaped to provide a visual screen between districts. Because of varying site conditions, landscaping for the purpose of this section may include tree plantings, hedges, fencing, walling, and combinations thereof.

E.  Offensive Uses Not Permitted

No permit shall be issued in a business district for any use which may be offensive because of noise or vibration, odors or fumes, smoke or dirt, or because of fire or explosion or any other hazard or nuisance.

F.  Employment of Consultant

In case of doubt, the Code Enforcement Officer may employ such independent recognized consultant as necessary, at the expense of the applicant, to assure compliance with performance standards and all other requirements of this Ordinance related to the public health, safety, and welfare and the abatement of nuisances.

§ 101–I–7.  Non-conforming Uses

A.  Continued Use

The use of any building, structure, or land which is made non-conforming by reason of the enactment of this Ordinance, or which shall be made non-conforming by reason of a subsequent amendment, may be continued, subject to the following provisions.

1.  Repairs and alterations

A non-conforming building or structure may be repaired, altered, improved, or reconstructed, provided that the number of square feet of floor area devoted to the non-conforming use is not increased, except as provided hereinafter in this Ordinance.

2.  Rebuilding

A non-conforming building or structure damaged or destroyed by fire, explosion, or act of God may be rebuilt, provided that the rebuilding is begun within one (1) year of the disaster, and provided that the number of square feet of floor area devoted to the non-conforming use is not increased, except as provided hereinafter in this Ordinance.

3. Extension of use

A non-conforming use of a building or structure shall not be extended, nor shall a non-conforming use of a part of a building or structure be extended to other parts of the building or structure, unless those parts were manifestly arranged or designed for such use prior to the enactment of this Ordinance or of any amendment making such use non-conforming, except as provided hereinafter in this Ordinance. A non-conforming open use of land may not be extended to any part of the remainder of the lot.

4.  Enlargement

The Board of Appeals may grant permission for the enlargement of any use made legally non-conforming by the district provisions of this Ordinance. In reviewing all such applications for enlargement or replacement, the Board of Appeals shall use the criteria established herein for the consideration of  Special Exceptions.

5.  Change in Use

A non-conforming use of a building, structure, or land may be changed to another non-conforming use only when, in the opinion of the Board of Appeals, the new use is not more objectionable or detrimental to adjacent properties than the former use.

B. Abandonment

A non-conforming use of a building, structure or land which has been abandoned shall not thereafter be resumed. A non-conforming use shall be considered abandoned if any one or more of the following conditions applies:

1.  It has been replaced by a conforming use.

2.  It has been discontinued for a period of one (1) year.

3.  It has been changed to another non-conforming use under permit from the Board of Appeals.

§ 101–I–8 [Reserved for Future Use]

§ 101–I–9 [Reserved for Future Use]

§ 101–I–10 [Reserved for Future Use]


[Sections § 101–I–11 Onward: Zoning Administration and Governance]

§ 101–I–11.  Administration and Enforcement

A.  Code Enforcement Officer

1.  It shall be the duty of the Code Enforcement Officer of the Town of Frye Island to enforce the provisions of this Ordinance.

2.  If the Code Enforcement Officer shall find that any of the provisions of this Ordinance are being violated, he shall notify, in writing, the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it.

3.  He shall order the discontinuance of the illegal use of land, buildings, or structures; the removal of illegal buildings or structures or of additions, alterations, or structural changes thereto; or the discontinuance of any illegal work being done; and shall take any other action authorized by this Ordinance to ensure compliance with, or to prevent violation of, its provisions.

B.  Notice of Violation

When any violation of any provision of this Ordinance shall be found to exist, the Code Enforcement Officer shall notify the municipal officers, who shall then initiate any and all actions to be brought in the name of the Town.

C.  Violations and Penalties

1.  Any person, firm, or corporation being the owner of, or having control or use of, any building or premises which violates any of the provisions hereof shall be guilty of a misdemeanor and, on conviction thereof, shall be fined not less than fifty dollars ($50) nor more than one thousand dollars ($1000).

2.  Each day such a violation is permitted to exist after notification thereof shall constitute a separate offense.

3.  All fines collected hereunder shall inure to the Town of Frye Island.

4.  In addition to the Remediation required under § 101-1-4 U.2, a violation of § 101-1-4 U.2 shall be deemed a violation of the Land Use Ordinances.  The person, firm or corporation responsible shall be subject to the administration and enforcement provisions of § 101-1-11 C. [amended October 11,2008, WA 17]

D.  Building Permits [sub-parts 3 & 4 amended by Town Meeting 10/7/06, Article 11]

1.  No building, improvement, or other structure shall be installed or erected, moved, added to, or structurally altered without a permit therefor issued by the Code Enforcement Officer.

2.  No building permit shall be issued except in conformity with the provisions of this Ordinance, except after written order from the Board of Appeals.

3.   The Building Permit shall be valid for two (2) years from the date of issue.

a.   A substantial start must be completed within twelve (12) calendar months or the permit shall become null and void. At the time of issuance of the building permit, a definition of 50% completion for the project will be determined and made a part of the permit.

b.   If construction has not been completed and an Occupancy Permit obtained within the twenty-four (24) calendar months, the permit shall become null and void.

c.   If construction has not been completed, and no Occupancy Permit obtained according to a and b above, a new permit shall be applied for and the then current fee paid.

4.   All building permits heretofore issued shall be subject to the provisions of this ordinance.

 

E.  Application for Building Permit

1.  All applications for building permits shall be accompanied by plans drawn to scale, showing the following:

a.  The actual dimensions and shape of the lot to be built upon.

b.  The exact sizes and locations on the lot of buildings already existing, if any.

c.  The location and dimensions of the proposed building or alteration.

2.  The application shall include such other information as lawfully may be required by the Code Enforcement Officer to determine conformance to and provide for the enforcement of this Ordinance.

     When determining conformance with the Ordinance the Code Enforcement Officer may require a certified boundary survey for any new construction or change to an existing footprint, to be submitted before construction commences unless based on the Code Enforcement Officer assessment, there is sufficient space and sufficient evidence and accuracy of monuments, e.g. iron pins, pipes and drill holes.  Any application not requiring a survey will be confirmed in writing by the CEO. [last paragraph added at 10/6/07 Town Meeting]

F.  Certificates of Occupancy

1.  Certificate from CEO required for occupancy

It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof, hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy shall have been issued therefor by the Code Enforcement Officer and endorsed to the effect that the proposed use of the building or land conforms to the requirements of this Ordinance.

2.  Issuance

a.  The certificate of occupancy shall be issued in conformity with the provisions of this Ordinance upon completion of the work.

b.  A temporary certificate of occupancy may be issued by the Code Enforcement Officer for a period of six (6) months during the construction of alterations for partial occupancy of a building pending its completion, provided that such temporary certificate may require such conditions and safeguards as will protect the health, welfare, and safety of the occupants and the public.

3.  Public record required

The Code Enforcement Officer shall maintain a public record of all certificates of occupancy.

4.  Failure to comply

Failure to obtain a certificate of occupancy shall be a violation of this Ordinance.

G. Building Permit for Manufactured Housing Unit

1.  Requirement

a.  No manufactured housing unit shall be moved to or erected upon a lot without a permit therefore issued by the Code Enforcement Officer.

b.  The permit must be acted on within two years from the date of issue.

c.  Thereafter, if the manufactured housing unit has not been moved to or erected upon the lot, a new permit must be applied for.

2.  Application contents

a.  All applications for manufactured housing units shall be accompanied by plans drawn to scale, showing the following:

i.   The actual dimensions and shape of the lot which the manufactured housing unit shall be moved to or erected upon.

ii.   The exact sizes and locations on the lot of buildings already existing, if any.

iii.  The dimensions of the proposed manufactured housing unit.

b.  The application shall include such other information as lawfully may be required by the Code Enforcement Officer to determine conformance to and provide for the enforcement of this Ordinance.

H.  Fees

All applications for permits shall be accompanied by a fee as set forth from time to time by order of the Board of Selectmen.

I.   Building Permit Late Fee

Failure to obtain a valid building permit prior to the start of construction shall double the normal fee for the building permit.

§ 101–I–12. Planning Board

A.  Appointment and Composition

The Planning Board shall be appointed and composed according to the provisions of Article VI, Section 2 of the Town Charter.

B.  Planning Board Meetings

The Planning Board shall schedule meetings approximately once a month between April 30 and Columbus Day.

C.  Powers and Duties

The Planning Board shall have the duties provided for in Article VI, Section 2 of the Town Charter and as specified herein.

§ 101–I–13. Amendment Procedure

A.  Initiation

Each Land Use Ordinance change proposal may be initiated by application, in writing, by any individual through the Planning Board, or such change may be requested by the Planning Board on its own initiative.

B.  Written Proposal Required

1.  Each proposal to change a Land Use Ordinance shall be made in writing and shall explicitly state the change proposed.

2.  Where the change involves a specific land area(s), the nature, extent and location of the proposed map change shall be described and accompanied by the following items:

a.  Ten (10) readable prints of a diagram to scale, showing and stating clearly the dimensions, in feet, of the land area proposed to be changed.

b.  A sketch or other explicit identification of the location of such land in relation to the rest of the Town.

C.  Conformance to Statutes

Amendments to these Land Use Ordinances shall conform to the procedural requirements of the statutes of the State of Maine.

§ 101–I–14. Board Of Appeals

A.  Appointment and Composition

The Board of Appeals shall be governed by Maine Statute 30A-2691, Article VI, Section 3 of the Town Charter, and as specified herein.

1.  There shall be a Board of Appeals of five (5) members, and one (1) alternate, all of whom shall be property owners of the Town of Frye Island. The members of the Board shall be appointed by the Board of Selectmen of the Town of Frye Island. Terms of members shall be for three (3) years, except that the appointments after the initial one-year appointments shall be such that the terms of office of no more than two (2) members shall expire in any single year.

2.  The members of the Board shall annually elect a Chairman and a Secretary, who shall provide for the keeping of the minutes of the proceedings of the Board of Appeals. All minutes of the Board shall be public record. A quorum shall consist of three (3) members.

3.  The Board shall adopt a set of written procedures by which the Board will conduct its regular meetings and public hearings.

B.  Board of Appeals Meetings

1.  The Board of Appeals shall schedule meetings approximately once a month between April 30 and Columbus Day and the board shall not be required to hold a meeting or hearing otherwise.

2.  The board shall not be required to hold a meeting if no appeals are pending.

C.  Powers and Duties

The Board of Appeals shall have the following powers and duties:

1.  Types of Appeal

The Board of Appeals shall hear the following types of appeal:

a.  Administrative appeals

i.   To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by the Code Enforcement Officer in the enforcement of any ordinance, bylaw, or regulation of this Zoning Ordinance

ii.   To modify or reverse the action of the Code Enforcement Officer by a concurring vote of a majority of the quorum of the Board of Appeals.

b.  Special exceptions

i.   To hear and decide only those  Special Exceptions which are specifically listed in the various zoning districts as Special Exceptions, and to act for the enlargement of non-conforming uses and non-conforming setbacks, which shall be treated as Special Exceptions. [amended October 11,2008, WA 20]

ii.   To decide such questions as are involved in determining whether such Special Exceptions should be granted.

iii.  To grant by majority vote such Special Exceptions with such conditions and safeguards as are appropriate, or to deny such Special Exceptions when not in harmony with the purposes and intent of this Zoning Ordinance.

c.  Variance appeals

To authorize variances upon appeal, within the limitations set forth in ¶ C.2. below.

d.  Disability variance appeals

To grant by a concurring vote of a majority of the quorum of the Board of Appeals a variance to a property owner for the purpose of making that property accessible to a person with a disability who is living on the property.

2.  Variance appeals restrictions and conditions

Variances may be permitted only under the following conditions:

a.  The Board shall not grant a variance unless it finds that all of the criteria listed below are met:

i.   The proposed structure or use would meet the provisions of Articles I and II except for the specific provision which has created the nonconformity and from which such relief is sought.

ii.   The strict application of the terms of this chapter would result in undue hardship. The term “undue hardship” shall require that all of the following conditions apply:

[1.] The land in question cannot yield a reasonable return unless a variance is granted.

[2.] The need for a variance is due to the unique circumstances of the property and not to the general conditions in the neighborhood.

[3.] The granting of a variance will not alter the essential character of the locality.

[4.] The hardship is not the result of action taken by the applicant or prior owner.

b.  The Board shall restrict any disability variance granted under § 101–I–14. ¶ C.1.d. solely to the installation of equipment or the construction of structures necessary for access to or egress from the property by the person with the disability. The Board may impose conditions on the variance, including limiting the variance to the duration of the disability or to the time that the person with the disability lives on the property. The term “structure necessary for access to or egress from the property” shall include railing, wall or roof systems necessary for the safety or effectiveness of the structure.

c.  The Board of Appeals shall limit any variances granted as strictly as possible in order to ensure conformance with the purposes and provisions of the Town Zoning Ordinances to the greatest extent possible and in doing so may impose such conditions to a variance as it deems necessary. The party receiving the variance shall comply with any conditions imposed.

d.  Within the Shoreland Zone, as shown on the Official Shoreland Zoning Map, variances are subject to the additional restrictions of § 101–III–16, ¶ I.2, Variance Appeals.

D.  Conflicts of Interest

Any question of whether a particular issue involves a conflict of interest sufficient to disqualify a member from voting thereon shall be decided by a majority vote of the other members.

E.  Criteria to be Considered in Hearing Appeals

In granting appeals under this Ordinance, the Board of Appeals may impose such conditions as it deems necessary in furtherance of the intent and purpose of this Zoning Ordinance.

F.  Appeal Procedure

1.  Making an appeal

a.  An administrative or variance appeal may be taken to the Board of Appeals by an aggrieved party from any decision of the Code Enforcement Officer or the Planning Board.

b.  Such appeal shall be taken within thirty (30) days of the date of the decision appealed from and not otherwise, except that the Board, upon showing of good cause, may waive the thirty-day requirement.

c.  The Board is not required to hold a meeting or hearings from Columbus Day to May, when the Island again opens.

d.  An administrative, special exception, or variance appeal shall be made by filing with the Board of Appeals a written notice which includes:

i.   A concise written statement indicating what relief is requested and why it should be granted.

ii.   A sketch drawn to scale showing lot lines and the locations of existing buildings, structures, and other physical features of the lot pertinent to the relief sought.

e.  Upon being notified of an appeal, the Code Enforcement Officer or Planning Board, as appropriate, shall transmit to the Board of Appeals all of the papers constituting the record of the decision appealed from.

f.   The Board of Appeals shall hold a public hearing on the appeal within thirty-five (35) days of its receipt of a completed application, providing this time period falls within the normal meeting schedule established by the Board under ¶ B, Board of Appeals Meetings, above.

g.  The Board of Appeals shall notify by mail only the abutters of the property for which an appeal is taken, describing the nature of the appeal and the time and place of the public hearing thereon.

h.  Fees to cover the administration costs of appeals shall be set by the municipal officers annually.

i.   Failure of any abutter to receive a notice of public hearing shall not necessitate another hearing or invalidate any action by the Board of Appeals.

j.   Following the filing of a complete appeal application, the Board of Appeals for the Town of Frye Island shall notify forthwith the Code Enforcement Officer and the Planning Board, and the appeal shall be ordered for hearing at the next meeting of the Board of Appeals following, by at least seven (7) days, the mailing of notices.

k.  The Code Enforcement Officer or his designated assistant shall attend all hearings and may present to the Board of Appeals all plans, photographs, or other material he deems appropriate for an understanding of the appeal.

l.   If the Board grants a variance under this § 101–I–14, a certificate shall be prepared in recordable form indicating:

i.   The name of the current owner.

ii.   The property, by reference to the last recorded deed in this chain of title.

iii.  The fact that the variance, including any conditions on the variance, has been granted.

iv.  The date of granting.

m. This certificate must be recorded on the Cumberland County Registry of Deeds within 90 days of the date of final approval of the variance.

n.  If this certificate fails to be so recorded in the specified time period, the variance is void.

2.  Decision by Board of Appeals

a.  The concurring vote of a majority of the members of the Board of Appeals present and voting shall be necessary to reverse an order, requirement, decision, or determination of the Code Enforcement Officer or Planning Board, or to decide in favor of the applicant on any matter on which it is required to decide.

b.  The Board may reverse the decision or failure to act of the Code Enforcement Officer or Planning Board only upon a finding that the decision or failure to act was clearly contrary to specific provisions of this Zoning Ordinance.

c.  A member who abstains shall not be counted in determining whether a quorum exists.

3.  Appeal to Superior Court

Any aggrieved party who participated as a party during the proceedings before the Board of Appeals may take an appeal to Superior Court in accordance with State laws within forty-five (45) days from the date of any decision of the Board of Appeals.

4.  Reconsideration

In accordance with 30-A, M.S. R.A. Section 2691(3) (F), the Board of Appeals may reconsider any decision reached under this section within 45 days of its prior decision.  A request to the board to reconsider a decision must be filed within 10 days of the decision that is to be reconsidered.  A vote to reconsider and the action taken on that reconsideration must occur and be completed within 45 days of the date of the vote on the original decision. Reconsideration of a decision shall require a positive vote of the majority of the Board members originally voting on the decision, and proper notification to the landowner, petitioner, Planning Board, Code Enforcement Officer, and other parties of interest including abutters and those who testified at the original hearing(s). The board may conduct additional hearings and receive additional evidence and testimony as provided in this subsection.

Appeal of reconsideration to the Superior Court must be made within fifteen (15) days after the decision on reconsideration. [section was amended at 10/6/07 Town Meeting]

§ 101–I–15. Site Plan Review

A.  Review Required; Procedure

1.  Approval by Planning Board

a.  Where required

Where Site Plan Review is required in these Ordinances,  no permit for construction, expansion, development, or use shall be issued until a final site plan of the proposed construction or proposed land use has been approved by the Planning Board.

b.  Failure to commence

Failure to substantially start or use a building or property as approved by the Planning Board within two (2) years of final approval of Site Plan Review shall render the Planning Board's approval null and void. The Planning Board shall determine whether or not the project has been substantially started based primarily on the definition of substantial start in this Ordinance.

2.  Procedure for submission and review

The following procedure will govern the submission and review of all required final site plans:

a.  The applicant shall submit to the Planning Board a statement indicating the name and address of the owner of the parcel proposed for development, the estimated cost of the development, and reasonable evidence of the financial capability of the applicant to complete the development. The statement shall also include an estimate of the time required to complete the proposed development.

b.  Every applicant applying for approval under this section shall submit to the Planning Board Administrator ten (10) copies of the final site plan of the proposed development, which shall be prepared in accordance with § 101–I–15 ¶ A.3.

c.  In the case of a Special Exception, Special Exception approval must be obtained by the applicant from the Board of Appeals before the site plan is heard by the Planning Board.

d.  Within forty-five (45) days after receipt of a final plan and required statement, or such additional time as may be agreed upon by the Planning Board and the applicant, the Planning Board shall in writing approve, approve with conditions, or disapprove the final site plan and shall send a copy of its decision to the applicant and the Code Enforcement Officer.

e.  All approved Site Plan Review applications are subject to the provisions contained in § 101–I–17, Assessment of Capital Impact Fees. Any applicable fees required under § 101–I–17. shall be paid to the Town of Frye Island prior to the issuance of any building permit, or the performance of any work on site for the approved work, whichever occurs first.

3.  Elements

The final site plan shall be drawn to a scale of not less than one (1) inch equals fifty (50) feet and shall contain the following:

a.  The name and address of owner and applicant.

b.  The scale and North arrow.

c.  The exact dimensions and acreage of the parcel to be built upon.

d.  Contours at intervals of not less than two (2) feet.

e.  The size, shape, and location of existing and proposed buildings. Architectural drawings of proposed buildings shall be attached to the site plan.

f.   The location and dimensions of parking areas, loading and unloading facilities, and points of ingress and egress of vehicles to and from the site to public streets.

g.  The location of all existing and proposed easements and rights-of-way.

h.  The location and dimension of pedestrian access ways.

i.   The location and size of existing and proposed water and sewer mains, culverts, and storm drains.

j.   The location of outdoor lighting.

k.  The location of natural features such as watercourses, marshes, rock outcroppings, and stands of trees.

l.   The landscape plan showing the location and types of plantings and screenings.

m. The location and size of signs and advertising features.

n.  Any other provisions contained in Article II, Subdivision Ordinance, and that the Planning Board deems appropriate, or any other ordinances of the Town of Frye Island, or statutes of the State of Maine or Federal government.

4.  Waiver or modification of elements

The Planning Board may waive, modify, or impose conditions on the elements to be shown on the final site plan if in its judgment such waiver or modification will not defeat the purposes of these Ordinances.

B.  Conditions for Approval

No final site plan shall be approved unless, in the judgment of the Planning Board, the applicant has proven that all of the following conditions are found to exist regarding said plan:

1.  The proposed site plan will not alter the existing character of the surrounding zoning district to the extent that it will become a detriment or potential nuisance to said zoning district.

2.  The provisions for vehicular loading, unloading, and parking and for vehicular and pedestrian circulation on the site and onto adjacent public streets and ways will not create hazards to safety nor will impose a significant burden upon public facilities.

3.  The bulk, location, and height of proposed buildings and structures and the proposed uses thereof will not be detrimental, nor impose undue burdens on the public facilities.

4.  The provisions of on-site landscaping and screening provide adequate protection to neighboring properties from detrimental features of the development.

5.  The site plan adequately provides for the soil and drainage problems that the development will create.

6.  The proposed development has made adequate provision for sewage disposal.

7.  The proposed development will not create undue fire safety hazards through inadequate access to the site or the buildings on the site for emergency vehicles or through failure to meet other fire safety ordinances or laws. The Fire Department shall file a written report with the Planning Board prior to the hearing.

8.  The proposed development has made adequate provision for water supply, including an adequate supply of water for fire-protection purposes.

9.  The provisions for exterior lighting will provide for the safety of occupants or users of the site while not creating undue hazards to motorists traveling on adjacent public streets. Neither will such lighting damage the value and diminish the usability of adjacent properties.

10. The applicant has provided reasonable evidence of his financial capabilities to complete the development as planned and approved.

§ 101–I–16.  Site Plan Review for Septic Systems Over Two Thousand Gallons per Day

A.  Purpose

1.  Since current State Plumbing Code does not provide for adequate protection of all types of wetlands, such as wooded wetlands, and since the Comprehensive Plan adopted by the Board of Selectmen on January 14, 1992, identifies over a dozen goals associated with protecting the drinking water on Frye Island and other communities served by Sebago Lake from possible contamination, the Board of Selectmen finds that further protection of the natural environment from large-scale septic systems is necessary.

2.  Therefore, this Section is enacted to establish regulations to control the location, design, construction, and monitoring of septic systems over two thousand (2,000) gallons per day capacity on Frye Island.

B.  Review Process

1.  After the effective date of this Section, all new septic systems having a capacity greater than two thousand (2,000) but less than five thousand (5,000) gallons per day capacity shall be engineered and shall be subject to Site Plan Review by the Planning Board pursuant to § 101–I–15. The Planning Board shall require an independent peer review, the cost of which shall be borne by the applicant. Where the Planning Board finds that such a peer review is insufficient, the Planning Board, at its discretion, may require a more comprehensive and independent engineering review in lieu of a peer review, the cost of which shall be borne by the applicant.

2.  After the effective date of this Section, all new septic systems of five thousand (5,000) or more gallons per day capacity shall be engineered systems and shall be subject to Site Plan Review by the Planning Board under § 101–I–15.; for all such systems, an independent engineering review shall be required, and the cost of the same shall be borne by the applicant.

3.  Replacement of systems with capacity exceeding two thousand (2,000) gallons per day in existence as of August 1, 1995, shall be exempt from any or all provisions of this Section unless the replacement system's capacity is increased over that of the existing system, in which case this Section shall fully apply.

C.  Monitoring

1.  In addition to any other requirements imposed as a part of the Site Plan Review process, the Planning Board shall require post-construction monitoring as a condition of approval of all systems over two thousand (2,000) gallons per day capacity. The level of monitoring shall be based upon proximity to existing residential developments, wells for drinking water, aquifers, wetlands (including but not limited to wooded wetlands), lakes, ponds, and other water bodies.

2.  The type, frequency, and duration of such monitoring, as well as the identity of the person or firm performing such monitoring, shall be decided by the Planning Board in consultation with the applicant. The cost of such consultation shall be borne by the applicant.

D.  Insurance; Effective Date

1.  Liability insurance requirement

a.  As a part of the Site Plan Review process, the Planning Board shall require the applicant to obtain liability insurance to remain in full force and effect during the useful life of the septic system.

b.  For the purposes of determining the amount of liability insurance, the Planning Board shall request a cost estimate from the Portland Water District or qualified consultant for cleaning up any pollution damage caused by a septic system failure or malfunction and restoring the surrounding area to a pollution free condition.

c.  The amount of the insurance policy shall be for no less an amount than that estimate provided by the Water District or consultant, plus ten percent (10%).

d.  The Town of Frye Island shall also be named as an additional named insured on such insurance policy.

2.  Effective date

Based upon environmental threat posed by any such large capacity septic system, and notwithstanding any other provision of law to the contrary, this Section shall apply to any application for a septic system of over two thousand (2,000) gallons per day capacity submitted on or after March 1, 1996.

§ 101–I–17. Assessment Of Capital Impact Fees

A.  Purpose of Impact Fees

1.  The Town of Frye Island recognizes that efficient use of public resources requires long-term planning in the area of capital expenditures. Consequently, the Town maintains and annually updates a Capital Improvements Plan which identifies anticipated capital expenditures.

2.  The Town of Frye Island also recognizes that growth and development within Frye Island, both residential and nonresidential, is a gradual and ongoing process. The Town recognizes that this development incrementally and indirectly impacts the Town's existing road inventory.

3.  For this reason, it is the policy of the Town of Frye Island that new development occurring on or after February 13, 1996, within Frye Island shall be evaluated for potential impact on the Town's existing road inventory and shall be assessed a corresponding impact fee where deemed appropriate.

4.  It shall be the policy of the Town to calculate and assess all capital impact fees and required improvements in a fair manner which reasonably correlates incremental capital cost to beneficiary of same.

B.  Administration

The Planning Board, in conjunction with the Finance Director, shall be responsible for administration of this Section.

C.  Applicability

1.  Residential and nonresidential impact on existing road inventory

a.  If the Planning Board determines that proposed residential or nonresidential development will have a capital expenditure impact on any existing road within Frye Island, the Planning Board shall assess an impact fee, prior to granting final approval of a given application, for the related improvement of that road.

b.  In assessing these fees and/or requiring related capital improvements, such Planning Board determination shall be supported by factual findings and testimony from Town department heads, the applicant, and any other relevant source.

c.  Any applicable fees required under this Section shall be paid to the Town prior to the issuance of any building permit, or the performance of any work on the site covered by such permit, whichever comes first.

2.  Calculation of impact fee

In order to develop a fair and accurate impact fee amount, the applicant shall provide the Planning Board with a detailed estimate of total likely town way improvement costs, including but not limited to legal fees, survey costs, engineering costs, grubbing, disposal, subbase and base work, drainage, surfacing and/or resurfacing, vegetation, signage, and real estate acquisition costs (including estimated cost of condemnation). Subject to reliable data previously collected by the Town, the applicant shall also provide the Planning Board with professionally certified current traffic count data and a professional estimate of total traffic anticipated upon completion of the development proposed in the application.

a.  Formula

The Planning Board shall calculate an impact fee for the improvement of existing Town ways as follows:

(Total Traffic Estimate) – (Current Traffic Count)   X  (Total Improvement Cost) = Impact Fee
 (Total Traffic Estimate)

b.  Waiver of fee

Requirements described in ¶ A. of this Section shall be waived by the Planning Board, if the applicant agrees to improve to the required standard, at the applicant's expense, the affected existing town ways and posts a performance guaranty for the full value of the improvements to be made. The applicant shall have two (2) years from the date of final approval to complete necessary improvements. At all times during improvements, the Town shall retain full authority to maintain and operate the Town way in a safe, efficient manner.

D.  Segregation of Funds

1.  Segregation

The Town shall segregate and maintain the identity of all funds received under this section until such time that these funds and accumulated interest are appropriated by the Town for their intended purpose. The Town shall have sole discretion in selection of financial institutions and investment vehicles utilized in managing funds received under this section. Such funds shall be invested prudently, in accordance with Maine law, but neither the Town nor any of its officials shall be responsible for maximizing return on investment.

2.  Ten years to appropriate

The Town, in accordance with its Charter, shall return to the respective payers all funds and accumulated interest that have not been appropriated for their intended use within ten (10) calendar years of the funds' receipt date.

3.  Sole discretion

The Town shall have sole discretion in all decisions related to the appropriation and expenditure of funds received under this section and the appropriation and expenditure of additional Town funds which may be necessary to complete certain projects.

E.  Severability

If any paragraph, phrase, sentence, or portion of this Section is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof.

F.  Appeals

Notwithstanding any other provision of law to the contrary, an appeal from a decision of the Planning Board under this section shall be taken to the Superior Court.

§ 101–I–18. Conflict with Other Provisions

In any case where a provision of this Ordinance is found to be in conflict with a provision of any other ordinance or code of the Town existing on the effective date of this Ordinance, the provision which establishes the higher standard for the promotion of health and safety shall prevail.


Article II. --- Subdivision Ordinance

§ 101–II–1. Purpose and Administration

A.  Purpose

The purpose of these standards shall be to assure the comfort, convenience, safety, health, and welfare of the people, to protect the environment, and to promote the development of an economically sound and stable community. To this end, in approving subdivisions within the Town of Frye Island, the Board shall determine that the criteria set forth in 30A M.R.S.A. § 4401 et seq, have been met.

B.  Authority and Administration

1.  These standards have been prepared in accordance with the provisions of 30A M.R.S.A. § 4401 et seq.

2.  These standards shall be known and may be cited as the “Subdivision Ordinance of the Planning Board of the Town of Frye Island, Maine.”

3.  The Planning Board of the Town of Frye Island, hereinafter called the “Planning Board,” shall administer these standards, as required by 30A M.R.S.A. § 4401 et seq.

4.  The provisions of these standards shall pertain to all the land proposed for subdivision, as herein defined, within the boundaries of the Town of Frye Island.

5.  Whenever any subdivision is proposed, or before any contract for the sale of or offer to sell such subdivision or any part thereof shall have been negotiated, or before any permit for the erection of a structure within such subdivision shall be granted, or before any utility installations, ditching, grading, construction of roads, or grading of land or lots shall be done on any part of the subdivision, the subdividing owner or his authorized agent shall apply formally to the Planning Board for approval of a final plan of such subdivision as provided in this Ordinance and shall record an attested copy of the final plan so approved and so endorsed in the Cumberland County Registry of Deeds.

6.  For any intended subdivision of land, the subdivider shall prepare and formally submit to the Planning Board both a preliminary plan for study and modification, where required, and a final plan. The final plan shall not be prepared until the subdivider has received from the Planning Board written notice of a majority of the Planning Board approving a preliminary plan of such subdivision.

7.  Whenever the Planning Board receives a subdivision plan, the Planning Board shall notify by mail all abutters of any public hearing and shall notify all abutters of final approval by request.

8.  All approved subdivisions are subject to the provisions contained in § 101–I–17, Assessment of Capital Impact Fees. Any applicable fees required under § 101–I–17 shall be paid to the Town of Frye Island prior to the issuance of any building permit or performance of any work on site for the approved work, whichever occurs first.

§ 101–II–2. Preliminary Plan

A.  Preapplication Conference

1.  Prior to formal application for approval, the developer may appear before the Planning Board to discuss the proposed development. No binding commitments shall be made between the Town and the developer at this conference.

2.  If the developer chooses to meet with the Planning Board in this manner, he or she shall make request by due process to be included upon the agenda of a regular meeting of the Planning Board. At that meeting he or she shall appear with information sufficient to:

a.  Locate the site and identify the zoning classification.

b.  Describe the site: its area, shape, and existing features.

c.  Describe the general intent of development.

3.  The Planning Board shall respond generally by indicating to the developer its concerns and by making suggestions as to what may be possible.

B.  Application Procedure

1.  Written application for approval shall be filed with the Secretary of the Planning Board, together with the preliminary plan and prescribed application fees, at least five (5) business days prior to a regularly scheduled meeting. Such written application shall be on forms as prescribed by the Planning Board.

2.  The subdivider, or his duly authorized representative, shall attend the meeting of the Planning Board to discuss the preliminary plan.

3.  Within sixty (60) days after formal submission of a preliminary plan, the Planning Board shall take action to give preliminary approval, with or without modifications, or disapprove such preliminary plan. The reasons for any modification required or the grounds for disapproval shall be stated upon the records of the Planning Board. Failure of the Planning Board to act within such sixty-day period shall constitute disapproval of the preliminary plan. Prior to preliminary approval, the Planning Board may hold a public hearing.

4.  When granting preliminary approval to a preliminary plan, the Planning Board shall state:

a.  The conditions of such approval, if any, with respect to the specific changes which it will require in the final plan.

b.  The character and extent of the required improvements for which waivers may have been requested and which in its opinion may be waived without jeopardy to the public health, safety, and general welfare.

c.  The amount of improvement or the amount of all bonds therefor which it will require as prerequisite to the approval of the final subdivision plan.

5.  The decision of the Planning Board, plus any conditions imposed, shall be noted on three (3) copies of the preliminary plan. One (1) copy shall be returned to the subdivider, one (1) retained by the Planning Board, and one (1) forwarded to the municipal officers.

6.  Preliminary approval of a preliminary plan shall not constitute approval of the final plan. Rather, it shall be deemed an expression of approval of the design submitted on the preliminary plan as a guide to the preparation of the final plan.

7.  The final plan shall be submitted for approval of the Planning Board and for recording upon fulfillment of the requirements of these standards and the conditions of the preliminary approval, if any. Prior to approval of the final subdivision plan, the Planning Board may require additional changes as a result of new information obtained at a public hearing.

C.  Location Map

The preliminary plan shall be accompanied by a location map, drawn at a scale of not over five hundred (500) feet to the inch, to show the relation of the proposed subdivision to the adjacent properties and to the general surrounding area. The preliminary plan shall show all the area within one thousand (1,000) feet of any property line of the proposed subdivision. Within such area, the location map shall show:

1.  All existing subdivisions and approximate tract lines of acreage parcels, together with the names of the record owners of all adjacent parcels of land and those directly abutting or directly across any street adjoining the proposed subdivision.

2.  The locations, widths, and names of existing, filed, or proposed streets, of easements, and of building lines pertaining to the proposed subdivision and to the adjacent properties.

3.  The boundaries and designations of zoning districts, parks, and other public spaces.

4.  An outline of the proposed subdivision, together with its street system, and, if the preliminary plan submitted covers only part of the subdivider's entire holding, an indication of the future probable street system of the remaining portion of the tract.

D.  Information to Accompany Plan

The preliminary subdivision plan shall be submitted in ten (10) copies of one (1) or more maps or drawings which may be printed or reproduced on paper, with all dimensions shown in feet or decimals of a foot, drawn to a scale of fifty (50) feet to the inch, except that if the subdivision includes twenty (20) acres or more, the scale shall be one hundred (100) feet to the inch, showing or accompanied by the following information:

1.  The proposed subdivision name or identifying title and the name of the municipality.

2.  The names and addresses of the record owner, subdivider, and designer of the preliminary plan.

3.  The number of acres within the proposed subdivision and the location of property lines, existing easements, buildings, watercourses, and other essential existing physical features.

4.  The names of all subdivisions immediately adjacent and the names of owners of record of adjacent acreage.

5.  The provisions of Article I, Zoning Ordinance, applicable to the area to be subdivided and any zoning district boundaries affecting the subdivision.

6.  The location and size of any existing sewers and water mains, culverts, and drains on the property to be subdivided.

7.  The location, names, and present widths of existing and proposed streets, easements, building lines, alleys, parks, and other public open spaces.

8.  The width and location of any streets within the area to be subdivided and the width, location, grades, and street profiles of all streets or other public ways proposed by the subdivider.

9.  Contour lines at intervals of five (5) feet or at such intervals as the Planning Board may require, based on United States Geological Survey datum.

10. A soils report identifying the soils boundaries and names in the proposed development with the soils information superimposed upon the plot plan in accord with the United States Department of Agriculture Soil Conservation Service National Cooperative Soil Classification.

11. Typical cross sections of the proposed grading for roadways and sidewalks.

12. The date, true North point, and graphic scale.

13. The deed description and map of survey of tract boundaries, made and certified by a registered land surveyor and tied into established reference points.

14. The connection with the existing water supply or an alternative means of providing water supply to the proposed subdivision.

15. The location and results of tests to ascertain subsurface soil and groundwater conditions for sewage disposal systems.

16. Provisions for collecting and discharging storm drainage, in the form of a drainage plan.

17. Preliminary designs of culverts which may be required.

18. The proposed lot lines, with dimensions and suggested locations of buildings.

19. The location of temporary markers adequate to enable the Planning Board to locate readily and appraise the basic layout in the field.

20. All parcels of land proposed to be dedicated to public use and the conditions of such dedication.

21. The location of all natural features or site elements to be preserved.

22. A grading plan as may be required for any or all lots as determined by the Planning Board.

23. The preliminary layout of any bridges required.

24. The full extent of any floodplain(s) as shown on the most current version of the Federal Emergency Management Agency maps.

25. Any areas within the proposed subdivision that may be used for a stump dump or for gravel or fill removal. The size of these areas and the expected extent of time these areas will be utilized shall be included with the application.

E.  Review by Planning Board

1.  Review process

The Planning Board shall review the preliminary plan of the proposed development as submitted. It shall verify the provision of all information as required under § 101–II–2, ¶ D. and shall accept or deny any waivers requested as listed by the developer at its discretion. It may require the developer to undertake further studies as it deems necessary to ascertain that the public convenience, safety, health, and welfare are protected, that the Town will not in the future incur extraordinary expense as a result of the development, either on or off the site, and that the environment will not be harmed unduly.

2.  Professional review fees

The Planning Board shall require the owner or his authorized agent to deposit in escrow with the Town an amount of money sufficient to cover the costs for any professional review of the site plan documents which the Planning Board may determine is reasonably necessary to protect the general welfare of the Town. Amounts for the escrow payment are established by the Board of Selectmen and listed in the Town Fee Schedule. This escrow payment shall be made before the Planning Board engages any outside party to undertake this review and to make recommendations to the Board. No application may appear on a Planning Board agenda before an escrow account deposit is made by the applicant according to the Fee Schedule. Any part of this escrow payment in excess of the final costs for the review shall be returned to the owner or his agent. In the event that the costs of professional review exceed the amount available in the applicant's account, the Planning Board may, at any time during the review process after at least seventy-five percent (75%) of the applicant's original escrow account has been depleted, require the applicant to provide additional escrow funding. Such additional escrow funding shall be based on the amount the Planning Board estimates will be needed to cover the costs of the remaining review.

§ 101–II–3. Final Plan

A.  Application Procedure

1.  Application

The subdivider shall, within six (6) months after the preliminary approval of the preliminary plan, file with the Planning Board an application for approval of the final subdivision plan in the form described herein. If the final plan is not submitted to the Planning Board within six (6) months after the approval of the preliminary plan, the Planning Board may refuse without prejudice to act on the final plan and require resubmission of the preliminary plan. All applications for final plan approval for the subdivision shall be accompanied by a fee set by the Town of Frye Island, payable by check to the Town of Frye Island.

2.  Department of Environmental Protection review and approval where required

If the proposed subdivision is in any way subject to review by the State of Maine, Department of Environmental Protection, then the approval of the State of Maine, Department of Environmental Protection, shall be secured in writing before official submission of the final plan.

3.  Sewage disposal

Sewage disposal systems shall conform to the State Plumbing Code. The Planning Board shall require on-site soils investigation reports on each lot prior to final approval.

4.  Public hearing

A public hearing may be held by the Planning Board within thirty (30) days after the time of submission of the final plan for approval. A hearing shall be advertised twice in the Frye Island News Service newspaper at least seven (7) days before such hearing, and notice of said hearing shall be posted in at least three (3) prominent places at least seven (7) days prior to the hearing.

B.  Performance Guaranty

1.  Submittal of performance guarantee

The final plan shall be accompanied by a performance guaranty tendered in the form of either a certified check payable to the Town of Frye Island, a savings account passbook issued in the name of the Town, or a faithful performance bond running to the Town of Frye Island and issued by a surety company acceptable to the Planning Board. It shall be in an amount of money to be determined by the Planning Board, with the advice of various Town departments and agencies, to be sufficient to cover the cost of at least furnishing, installing, connecting, and completing all of the street grading, paving, storm drainage, utilities, and other improvements for public benefit or use specified in the final plan. It shall be conditioned upon the completion of all such improvements within two (2) years from the date of such check or bond. Completion shall be determined by the municipal officers to their satisfaction, who shall receive written certification signed by the Code Enforcement Officer, the Planning Board, and the Road Commissioner that all improvements assured by the performance guaranty have been constructed in conformance with the final plan and all applicable codes and ordinances. In addition, the developer shall furnish at his own expense the signed certification by a registered surveyor or civil engineer that all permanent bounds or monuments have been installed and are accurately in place in the locations designated in the final plan.

2.  Inspection of required improvements

a.  If the Code Enforcement Officer shall find, upon inspection of the improvements performed before the expiration date of the performance bond, that any of the required improvements have not been constructed in accordance with plans and specifications filed by the subdivider, he shall so report to the Planning Board. The municipal officers shall then notify the subdivider and, if necessary, the bonding company and take all necessary steps to preserve the Town’s rights under the bond. No plan shall be approved by the Planning Board as long as the subdivider is in default on a previously approved plan.

b.  If at any time before or during the construction of the required improvements the subdivider demonstrates to the satisfaction of the Code Enforcement Officer that unforeseen conditions make it necessary or preferable to modify the location or design of such required improvements, the Code Enforcement Officer may, upon approval of the Planning Board, authorize modifications, provided that these modifications are within the spirit and intent of the Planning Board’s approval and do not extend to the waiver or substantial alteration of the function of any improvements required by the Planning Board. The Code Enforcement Officer shall issue any authorization under this section in writing and shall transmit a copy of such authorization to the Planning Board at its next regular meeting.

3.  Maintenance prior to acceptance of improvements

The applicant shall be required to maintain all improvements until acceptance of said improvements by the Town Meeting.

C.  Information to Accompany Plan

1.  Final plan contents

The final plan shall consist of ten (10) copies of one (1) or more maps or drawings which shall be printed or reproduced in the same manner as the preliminary plan. Space shall be reserved for endorsement by all appropriate agencies. The final plan shall show:

a.  All of the information presented on the preliminary plan and location map and any amendments thereto suggested or required by the Planning Board.

b.  The name, registration number, and seal of the land surveyor, architect, or planning consultant who prepared the plan.

c.  Street names and lines, pedestrian ways, lanes, easements, and areas to be reserved for or dedicated to public use.

d.  An actual field survey of the boundary lines of the tract, giving complete descriptive data by bearings and distances, made and certified by a licensed land surveyor. The corners of the tract shall be located on the ground and marked by monuments as herein required and shall be referenced as shown on the plan.

e.  Sufficient data to determine readily the location, bearing, and length of every lot line and boundary line and to reproduce such lines upon the ground. Where practical, these should be tied to reference points previously established.

f.   The survey of the outside boundaries of the tract and the computation of the lot lines, to be performed to an accuracy of one (1) foot in five thousand (5,000) feet. If requested by the Planning Board, the surveyor shall furnish copies of outside boundaries showing:

i.   Sketch of traverse lines.

ii.   Closures.

iii.  Adjustments.

iv.  Coordinates.

v.   Computation of outside boundaries.

g.  Contour lines at intervals of five (5) feet or at such intervals as the Planning Board may require, based on United States Geological Survey datum.

h.  Granite monuments, to be set at all outside corners of the proposed subdivision tract and checked by the Code Enforcement Officer prior to final approval.

i.   By proper designation, all public open space for which offers of cession are made by the subdivider and those spaces to which title is reserved by him.

j.   Lots and blocks within the subdivision, numbered in accordance with local practice.

2.  Attachments to final plan

There shall be submitted to the Planning Board with final plan:

a.  Written offers of cession to the Town of all public open space shown on the plan, and copies of agreements or other documents showing the manner in which spaces, title to which is reserved by the subdivider, are to be maintained.

b.  Written evidence that the municipal officers are satisfied with the legal sufficiency of the documents referred to in ¶ C.1. above. Such written evidence shall not constitute an acceptance by the Town of any public open space referred to in ¶ C.2.a. immediately above.

c.  A performance bond to secure completion of all improvements required by the Planning Board and written evidence that the municipal officers are satisfied with the sufficiency of such bond.

D.  Final Approval and Filing

1.  Upon completion of the requirements stated above and notation to that effect upon the plan, it shall be deemed to have final approval and shall be properly signed by a majority of the members of the Planning Board and shall be filed by the applicant with the Planning Board Administrator along with a filing fee as set forth from time to time by resolution of the Board of Selectmen, payable to the Town of Frye Island. The plan shall then be filed with the Cumberland County Registry of Deeds by the Planning Board Administrator or a designated representative within fifteen (15) days after receipt by the Planning Board Administrator. Any subdivision plan not so filed with the Planning Board Administrator within ninety (90) days of the date upon which such plan is approved and signed by the Planning Board as herein provided shall become null and void, unless the particular circumstances of said applicant warrant the Planning Board to grant an extension which shall not exceed two (2) additional periods of ninety (90) days.

2.  At the time the Planning Board grants final plan approval, it may permit the plan to be divided into two (2) or more sections, subject to any conditions the Planning Board deems necessary in order to ensure the orderly development of the plan. The applicant may file a section of the approved plan with the municipal officers and the Registry of Deeds if said section constitutes at least ten percent (10%) of the total number of lots contained in the approved plan. In these circumstances, plan approval of the remaining sections of the plan shall remain in effect for three (3) years or a period of time mutually agreed to by the municipal officers, Planning Board and the subdivider.

E.  Plan Revisions After Approval

No changes, erasures, modifications, or revisions shall be made in any final plan after approval has been given by the Planning Board and endorsed in writing on the plan, unless the plan is first resubmitted and the Planning Board approves any modifications. In the event that a final plan is recorded without complying with this requirement, the same shall be considered null and void, and the Planning Board shall institute proceedings to have the plan stricken from the records of the municipal officers and the Registry of Deeds.

F.  Public Acceptance of Streets, Easements, and Open Space

The approval by the Planning Board of a subdivision plan shall not be deemed to constitute or be evidence of any acceptance by the Town of any street, easement, or other open space shown on such plan. When a park, playground or other recreation area shall have been shown on the plan, approval of the plan shall not constitute any acceptance by the Town of such area. The Planning Board shall require the plan to be endorsed with appropriate notes to this effect. The Planning Board may also require the filing of a written agreement between the applicant and the municipal officers covering future deed and title, dedication, and provisions for the cost of grading, development, equipment, and maintenance of any such street, easement or other open space shown on such plan.

§ 101–II–4. General Provisions

A.  No Filing and Recording Before Final Plan Approval

No plan of a subdivision of land within the Town of Frye Island which would constitute a subdivision as defined herein shall hereafter be filed or recorded in the Registry of Deeds until a final plan thereof shall have been approved by the Planning Board in accordance with all of the requirements, design standards, and construction specifications set forth elsewhere in this standard, nor until such approval shall have been entered on such final plan by the Planning Board.

B.  No Conveyance if Not Filed and Recorded

No person, firm, corporation, or other legal entity may convey, offer, or agree to convey any land in a subdivision which has not been approved by the Planning Board and recorded in the Registry of Deeds.

C.  Fines for Conveyance Prior to Approval

Any person, firm, corporation or other legal entity that conveys, offers, or agrees to convey any land in a subdivision which has not been approved as required by this Section shall be punished by a fine of not more than one thousand dollars ($1,000.) for each such conveyance, offering, or agreement. The Attorney General, the Town of Frye Island or the appropriate municipal officers may institute proceedings to enjoin the violation of this section.

D.  No Utility Service Prior to Final Approval

No public utility, water district, sanitary district, or any utility company of any kind shall serve any lot in a subdivision for which a final plan has not been approved by the Planning Board.

E.  No Construction Activity Prior to Final Approval

Not only is making a subdivision without Planning Board approval a violation of law, but so also within such subdivision is grading or construction of roads, grading of land or lots, or construction of buildings until such time as the final plan of such subdivision shall have been duly prepared, submitted, reviewed, approved, and endorsed as provided in this Ordinance. and until the original copy of the final plan so approved and endorsed has been duly recorded with all easements and conditions in the Cumberland County Registry of Deeds.

§ 101–II–5. General Standards

A.  Planning Board to Consider Requirements

In reviewing applications for the subdivision of land, the Planning Board shall consider the General Standards contained in this Section. In all instances the burden of proof shall be upon the person proposing the subdivision.

B.  Conformance to Comprehensive Plan

Any proposed subdivision shall be in conformity with a Comprehensive Plan or policy statement of the Town and with the provisions of all pertinent State and local codes and ordinances.

C.  Preservation of Natural and Historic Features

1.  The Planning Board may require that a proposed subdivision design include a landscape plan that will show the preservation of existing trees [ten (10) inches or more], the replacement of trees and vegetation, graded contours, streams, and the preservation of scenic, historic, or environmentally desirable areas. The street and lot layout shall be adapted to the topography. Extensive grading and filling shall be avoided as far as possible.

2.  Within six (6) months of any grading or construction on any lot, the subdivider shall grade, loam, and seed all scarified ground with perennial grasses and shrubs or trees. The composition and preparation of the seedbed and type of seed shall be in accordance with recommendations of the United States Soil Conservation Service for the type of soil and slope on each lot. A copy of this recommendation shall be attached to the final plan for approval.

D.  Land not Suitable for Development

1.  The Planning Board shall not approve such portions of any proposed subdivision that:

a.  Are located within the 100-year frequency flood plain, as identified by an authorized Federal or State agency or, when such identification is not available, are located on flood plain soils identified and described in the National Cooperative Standard Soil Survey.

b.  Are located on land which must be filled or drained or on land created by diverting a watercourse, except that the Planning Board may grant approval if a central sewage collection and treatment system is provided.

c.  Are determined to be freshwater wetlands or wetlands associated with Sebago Lake or forested wetlands.

2.  In no instance shall the Planning Board approve any part of a subdivision located on filled wetlands.

E.  Lots

1.  Lots shall meet or exceed the minimum requirements of the Frye Island Zoning Ordinance.

2.  The depth and width of properties reserved or laid out for all purposes shall be adequate to provide for off-street parking and service facilities for vehicles required by the type of use and development contemplated.

3.  Double-frontage lots and reverse-frontage lots shall be avoided except where essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation. A planting screen easement of at least ten (10) feet, across which there shall be no right of access, shall be provided along the lines of lots abutting such a traffic artery or other disadvantageous use.

4.  Side lot lines shall be substantially at right angles or radial to street lines.

F.  Easements for Natural Drainage Ways

Where a subdivision is traversed by a natural watercourse, drainage way, channel, or stream, there shall be provided a storm water easement or drainage right-of-way conforming substantially to the lines of such watercourse and such further width or construction, or both, as will assure that no flooding occurs and all storm water can be disposed of properly. Such easement or right-of-way shall not be less than thirty (30) feet in width.

G. Utilities

The size, type and location of public utilities, such as streetlights, electricity, telephones, gas lines, fire hydrants, etc., shall be approved by the Planning Board and installed in accordance with local practice.

H.  Street Trees, Esplanades, and Open Spaces

1.  Street trees, esplanades, and open green spaces may be required at the discretion of the Planning Board. Where such improvements are required, they shall be incorporated in the final plan and executed by the subdivider as construction of the subdivision progresses.

2.  The developer or subdivider shall maintain control of open space(s) and be responsible for their maintenance until development sufficient to support a neighborhood association has taken place or, alternatively, the space has been accepted by the Town.

I.   Required Improvements

The following are required improvements: monuments, street signs, streets, storm drainage and, where required, curbs and sidewalks.

J.  Separate Sewage Disposal Sites

Any lot which shall be used as or which shall be available for use as the site of a single or multiple dwelling or as the site of a mobile home shall have two (2) separate sewage disposal sites. If the first soils test reads as a medium-large sewage disposal system or larger, the second soils test pit shall be located a minimum of one hundred twenty (120) feet from the first soils test pit.

K.  Municipal Consultant Fees

The applicant will be assessed fees to cover one hundred percent (100%) of the costs incurred by the Town related to independent geotechnical, hydraulic, engineering, planning, legal, and similar professional consulting services. Such consultants shall be limited to reasonable and necessary review and shall be assessed only to recover costs directly associated with the expedient review of the application when the required information exceeds the expertise of the Town staff. Such fees must be paid prior to final approval.

§ 101–II–6. Design Standards

A.  Street Names and Signs

1.  Streets which join or are in alignment with streets of abutting or neighboring properties shall bear the same name. Names of new streets shall not duplicate nor bear phonetic resemblance to the names of existing streets within the Town and shall be subject to the approval of the Planning Board.

2.  Street name signs shall be furnished and installed by the subdivider. The type, size, and location shall be subject to the approval of the Planning Board.

B.  Street Design Standards

1.  Street classification definitions

As used in this Section, the following terms shall have the meanings indicated:

a.  Arterial Street: A minor thoroughfare with the potential of servicing more than one hundred fifty (150) units of residential development with only one (1) outlet.

b.  Collector Street: A street servicing at least forty (40) units but not more than one hundred fifty (150) units of residential development.

c.  Industrial And Commercial Streets: Streets servicing this type of development.

e.  Local Street -- A street servicing fewer than forty (4O) units of residential development.

2.  Dimensions for street construction

The dimensions for street construction shall be as follows:

 

Description

Type of Street

Arterial

Collector

Local

Industrial and Commercial

Right-of-way width

80 ft

60 ft

50 ft

80 ft

Pavement width

32 ft

26 ft

24 ft

44 ft

Shoulder width

12 ft

8 ft

5 ft

12 ft

Curbing

Vertical

Vertical

Sidewalk width

5 ft

 

     Industrial

5 ft

     Commercial

6 ft

Minimum grade

0.5%

0.5%

0.5

0.5%

Maximum grade

5.0%

6.0%

8.0%

5.0%

Minimum center line radius

800 ft

230 ft

150 ft

800 ft

Minimum tangent between curves of reverse alignment

 

 

 

 

Roadway crown

1/4 “/ft

1/4 “/ft

1/4 “/ft

1/4 “/ft

Minimum angle of street intersections

60

60

60

60

Minimum distance between street intersections:

 

 

 

 

     Same side

400 ft

400 ft

300 ft

400 ft

     Opposite sides

300 ft

250 ft

150 ft

300 ft

Sight distance

250 feet

20 ft

150 ft

250 ft

K factor, crest vertical curve

45

30

15

45

K factor, sag vertical curve

45

35

20

45

Design Speed

45 mph

35 mph

25 mph

45 mph

Maximum grade at intersection (within 75 feet of intersections)

2%

3%

3%

2%

Curb radii at intersections (90)

30 ft

20 ft

15 ft

30 ft

     60 to 90 intersections

30 ft

30 ft

30 ft

30 ft

     90 to 120 intersections

50 ft

40 ft

30 ft

50 ft

Minimum property line radii at intersections

20 ft

10 ft

10 ft

20 ft

C.  Dead-end Streets

This section applies to local streets only. The presentation of special design, discussion, and written permission by the Planning Board shall be required for those conditions that may require a dead-end street under the category of collector, arterial, industrial or commercial.

Standards as listed under § 101–II–6. ¶ B.2. shall be applicable for dead-end streets. In addition, the following requirements shall be fulfilled:

1.  The design of streets shall provide for the proper continuation of streets from adjacent subdivisions and built-up areas and proper projection of streets into adjacent unsubdivided and open land.

2.  The maximum street length of dead-end streets shall be limited to two thousand five hundred (2,500) feet, measured from the center line of the feeder street to the center of the turnaround radius. However, the Planning Board may allow longer lengths because of property configuration and/or topographical constraints.

3.  Radii of turnaround at the end shall be as follows:

      1. Property line: sixty-five (65) feet.
      2. Outer edge of pavement: fifty-four (54) feet.
      3. Inner edge of pavement: thirty (30) feet.

D.  Pavement Design

The subdivider shall be required to investigate and determine the types and classifications of the subbase soils. Computations shall be made to determine pavement design standards for construction, which shall be submitted for review by the Road Commissioner. If, during construction, subsurface soils vary from original classifications, pavement design shall be modified to meet the new classification. Revised pavement design shall be submitted to the Road Commissioner for approval.

E.  Roadway Construction Material Standards

1.  Roadway construction materials standards as specified herein shall conform to the current specifications of the Maine Department of Transportation.

2.  Standards and dimensions tabulated herein shall be considered as minimum.

F.  Responsibility of Developer Regarding Streets

If the proposed subdivision as presented shows streets which meet the street classification definitions, then it shall be the responsibility of the developer to meet the requirements for that classification of street as set forth in this Ordinance.

G. Construction of Arterial Streets

1.  Subdivisions containing more than 150 units

If the proposed subdivision as presented contains more than one hundred fifty (150) units of development or if additional land owned by the developer is available for expansion of the subdivision, then it shall be the responsibility of the developer to meet the requirements for arterial street construction as presented herein.

2.  Subdivisions adjacent to areas of future development

If the Planning Board determines that future development will occur on land adjacent to or near the proposed subdivision and in the control of the developer, then the Planning Board shall retain the right to require sufficient rights-of-way within the proposed development to meet the standards for arterial street construction at no cost to the Town.

H.  Storm Drainage Systems

1. Intent

An adequate storm drainage system, including appurtenances such as catch basins, shall be provided for proper drainage of stormwater collected in streets and areas tributary to the street system. Discharge of the collected storm drainage shall be by piped system or ditches, when approved by the Planning Board. Appropriate conveyances for outlets to drainage systems must be provided. A minimum width of thirty (30) feet will be required.

2.  Design standards

a.  All stormwater systems within the subdivision shall be designed to meet the criteria of a five-year storm based on rainfall data from weather bureau records in Portland. Flows shall be computed by the rational method, with design computations being submitted for approval.

b.  Upstream drainage shall be accommodated by an adequately sized system through the proposed subdivision for existing conditions and future potential development in the upstream drainage area or areas tributary to the proposed subdivision, as determined by the Planning Board.

c.  Existing downstream drainage facilities shall be studied to determine the effect of the proposed subdivision's drainage. The developer shall demonstrate to the satisfaction of the Planning Board that the storm drainage from the proposed subdivision will not, in any way, overload existing storm drainage systems downstream from the proposed subdivision.

d.  No stormwater will be permitted to drain across a street or across an intersection.

e.  Design standards for drainage systems shall be approved by the Planning Board.

f.   Where open ditches, channels, streams or natural courses are used, either to collect or discharge stormwater, adequately sized perpetual easements shall be provided. The minimum width shall be thirty (30) feet.

g.  Where subsurface soils are of the nature requiring an underdrainage system, underdrains shall be installed and discharged in a positive manner.

h.  House foundation drains may be connected to the storm drainage system upon approval by and under the direction of the Road Commissioner.

3.  Street and storm drainage plans

Construction plans for streets and surface drainage systems shall be designed and prepared by a professional engineer registered in the State of Maine. Plans shall show the plan, profile, cross sections, and details of appurtenances. Three (3) copies shall be submitted to the Planning Board for its review and referral to other Town officials. No construction will be permitted until the Planning Board has approved construction drawings.

I.   Construction Standards

1.  Grading

All streets shall be graded to their full width by the subdivider. Street grading, preparation, cuts, and fill must be inspected and approved, in writing, by the Road Commissioner.

2.  Preparation

Before grading is started, the entire right-of-way area shall be cleared of all stumps, roots, brush, and other objectionable material and all trees not intended for preservation.

3.  Cuts

Tree stumps and other organic materials shall be removed to a depth of two (2) feet below the subgrade. Rocks and boulders, when encountered, shall be scarified to subgrade.

4.  Fill

All material used in the construction of embankments shall be of the quality to meet the standards for embankment construction, Section 203.15 of the Maine Department of Transportation Standard Specifications. Excess materials, including organic materials, soft clays, wet and noncompactible materials, etc, shall be removed from the street site. The fill shall be spread in layers not to exceed twelve (12) inches loose and compacted. The filling of utility trenches and other places shall be mechanically tamped.

5.  Side slopes

All side slopes shall be at a slope of four (4) horizontal to one (1) vertical.

6.  Bases and pavement

Where pavement placed joins an existing pavement, the existing pavement shall be cut along a smooth line and to a neat, even, vertical joint. Broken or raveled edges will not be permitted, nor shall deviation from grade.

J.  Monuments

1.  Monuments shall be set at all street corners, at all points where the street line intersects the exterior of the subdivision, and at angle points and points of curve in each street. The top of the monument shall be flat and have an indented cross to identify properly the location. The monuments shall be made of granite and shall be four (4) feet long and six (6) inches above ground except in lawns, drives and parking lots where they shall be flush. If the subsurface is a ledge between one (1) and three (3) feet deep, a two (2) foot diameter concrete encasement based on the ledge shall be required. If the ledge is less than one (1) foot deep, a one (1) inch steel rod shall be grouted into the ledge.

2.  All other lot corners shall be marked with iron pipe not less than three-fourths (3/4) inch in diameter and twenty-four (24) inches long and driven so as to be flush with the finished grade.

K.  Water Supply

1.  A public water supply system with fire hydrants shall be installed at the expense of the subdivider, or if in the opinion of the Planning Board service to each lot by a public water system is not feasible, the Planning Board may allow individual wells to be used.

2.  Because they are difficult to maintain in a sanitary condition, dug wells shall be permitted only if it is not economically or technically feasible to develop other groundwater sources.

§ 101–II–7. Miscellaneous Provisions

A.  Release of Guaranty Check or Bond

Before a subdivider may be released from any obligation required by his guaranty of performance, the Planning Board will require certification from the Code Enforcement Officer and whatever other agencies and departments that may be involved to the effect that all improvements have been satisfactorily completed in accordance with all applicable standards and State and local codes and ordinances.

B.  Variances and Waivers

1.  Where the Planning Board finds that extraordinary and unnecessary hardships may result from strict compliance with this Ordinance or where there are special circumstances of a particular plan, it may vary these standards so that substantial justice may be done and the public interest secured, provided that such variations will not have the effect of nullifying the intent and purpose of the Official Map, the Comprehensive Plan, or the Zoning Ordinance. This ¶ B.1. shall not apply to the street design standards described in § 101–II–6, ¶ B.2., the roadway construction material standards described in § 101–II–6, ¶ E, and the responsibility of the developer regarding streets described in § 101–II–6, ¶ F.

2.  Where the Planning Board finds that, due to special circumstances of a particular plan, the provision of certain required improvements is not requisite in the interest of public health, safety, and general welfare or is inappropriate, because of inadequacy or lack of connecting facilities adjacent or in proximity to the proposed subdivision, it may waive such requirements subject to appropriate conditions. This ¶ B.2. shall not apply to the street design standards described in § 101–II–6, ¶ B.2; the roadway construction material standards described in § 101–II–6, ¶ E, and the responsibility of the developer regarding streets described in § 101–II–6, ¶ F.

3.  In granting variances and modifications, the Planning Board shall require such conditions as will, in its judgment, secure substantially the objectives of the requirements so varied or modified.

C.  Appeals

An appeal from a decision of the Planning Board may be taken to the Superior Court.


Article III --- Shoreland Zoning Ordinance

§ 101–III–1. Purposes

The purposes of this Ordinance are to:

A.  Further the maintenance of safe and healthful conditions.

B.  Prevent and control water pollution.

C.  Protect fish spawning grounds, aquatic life, bird and other wildlife habitat.

D.  Protect buildings and lands from flooding and accelerated erosion.

E.  Protect archaeological and historic resources.

F.  Protect freshwater wetlands

G. Control building sites, placement of structures, and land uses.

H.  Conserve shore cover, and visual as well as actual points of access to inland waters.

I.   Conserve natural beauty and open space.

J.  Anticipate and respond to the impacts of development in shoreland areas.

§ 101–III–2. Authority

This Ordinance has been prepared in accordance with the provisions of Title 38 §435-449 of the Maine Revised Statutes Annotated (M.R.S.A.).

§ 101–III–3. Applicability

This Ordinance applies to:

A.  The Shoreland Zone of the Town of Frye Island, consisting of all land areas within:

1.  Two hundred fifty (250) feet, horizontal distance, of the normal high-water line of Sebago Lake.

2.  Two hundred fifty (250) feet, horizontal distance, of the upland edge of a freshwater wetland.

3.  Seventy-five (75) feet, horizontal distance, of the normal high-water line of a stream.

B.  Any structure built on, over, or abutting a dock, wharf, pier, or other structure extending beyond the normal high-water line of Sebago Lake or within a wetland.

§ 101–III–4. Effective Date and Repeal of Formerly Adopted Ordinance

This Ordinance, which was adopted at the Town Meeting of the Town of Frye Island on October 9, 2010, shall not be effective unless approved by the Commissioner of the Department of Environmental Protection. A certified copy of this Ordinance, attested and signed by the Town Clerk, shall be forwarded to the Commissioner of the Department of Environmental Protection for approval. If the Commissioner fails to act on this Ordinance within forty-five (45) days of its receipt, it shall be automatically approved, and Chapter 102 as adopted on October 11, 2008 zzzz and as amended is hereby repealed.

Any application for a permit submitted to the Town within the forty-five-day period shall be governed by the terms of this Ordinance, if it is approved by the Commissioner of the Department of Environmental Protection or is automatically approved.

§ 101–III–5. Availability

A certified copy of this Ordinance shall be filed with the Town 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.

§ 101–III–6. Severability

Should any section or provision of this Ordinance be declared by the courts to be invalid, such decision shall not invalidate any other section or provision of this Ordinance.

§ 101–III–7. Conflicts with Other Ordinances

Whenever a provision of this Ordinance conflicts with or is inconsistent with another provision of this Ordinance or of any other ordinance, regulation or statute, the more restrictive provision shall control.

§ 101–III–8. Amendments

This Ordinance may be amended by majority vote at a Town Meeting and in accordance with the provisions of Article I, Zoning Ordinance. Copies of amendments which affect land use regulation in the Shoreland Zone in any way, attested and signed by the Town Clerk, shall be submitted to the Commissioner of the Department of Environmental Protection following adoption at a Town Meeting and shall not be effective unless approved by the Commissioner. If the Commissioner fails to act on any amendment within forty-five (45) days of its receipt, the amendment is automatically approved. Any application for a permit submitted to the Town within the forty-five-day period shall be governed by the terms of the amendment, if such amendment is approved by the Commissioner or is automatically approved.

§ 101–III–9. Districts and Zoning Map

A.  Official Shoreland Zoning Map

1.  The areas to which this Ordinance is applicable are hereby divided into the following districts as shown on the Official Shoreland Zoning Map which is made a part of this Ordinance.

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 (1) inch equals one thousand five hundred (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 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 § 101–III–8 above and § 101–I–13, 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 thirty (30) days after the amendment has been approved by the Commissioner of Environmental Protection.

§ 101–III–10. Interpretation of District Boundaries

Unless otherwise set forth on the Official Shoreland Zoning Map, district boundary lines are property lines, the centerlines 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 § 101–I–4, ¶ C, District Boundaries.

§ 101–III–11. Land Use Requirements

A. Requirement to Conform

Except as specified in this section or other more restrictive sections of this Ordinance, 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 Non-conforming Lots, Buildings, Structures, and Land Uses

Non-conforming lots, buildings, structures, and land uses that existed before the effective date of this Ordinance 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 ordinance, a non-conforming condition shall not be permitted to become more non-conforming.

§ 101–III–12. Non-Conformance

A.  Purpose

It is the intent of this Ordinance to promote land use conformities, except that non-conforming conditions that existed before the effective date of this Ordinance shall be allowed to continue, subject to the requirements set forth in this section.

B.  General

1.  Transfer of ownership

Non-conforming structures, lots, and uses may be transferred, and the new owner may continue the non-conforming use or continue to use the non-conforming structure or lot, subject to the provisions of this Ordinance.

2.  Repair and Maintenance

This Ordinance allows the normal upkeep and maintenance of non-conforming uses and structures, including repairs or renovations which do not involve expansion of the non-conforming use or structure, and such other changes in a non-conforming 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 § 101-I–11, ¶ D. and § 101–I–11, ¶ E.

C.  Non-conforming Structures

1.  Expansions

a.  If non-conformity is not increased

A non-conforming 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 non-conformity of the structure and does not exceed the further limitations of ¶ C.1.b. immediately below. § 101–I–7, ¶ A.3. shall not apply to expansions of non-conforming structures in the Shoreland Zone.

b.  Further limitations

i.   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.

ii.   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:

[1.] 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 ¶ C.2, Relocation, below.

[2.] The completed foundation does not extend beyond the exterior dimensions of the structure.

[3.] The foundation does not cause the structure to be elevated by more than three (3) additional feet as measured from the uphill side of the structure (from original ground level to the bottom of the first floor sill).

iii.  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 wetland is an expansion that decreases the shortest existing non-conforming setback distance from the shore. This distance shall not take into account the reduction in setback resulting from stairways.

2.  Relocation

a.  A non-conforming structure may be relocated within the boundaries of the parcel on which the structure is located provided that the following conditions are met:

i.   The site of relocation conforms to all shore setback requirements to the greatest practical extent as determined by the Planning Board.

ii.   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.

In no case shall a structure be relocated in a manner that causes the structure to be more non-conforming.

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:

  1. Trees removed in order to relocate a structure must be replanted with at least one native tree, three (3) 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 non-conforming 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 (1) 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 Ordinance. In no case shall a structure be reconstructed or replaced so as to increase its non-conformity. 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 Section 12(C)(1) above, as determined by the non-conforming 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 Section12(C)(2) above.

b.  Any non-conforming structure which is damaged or destroyed by fifty percent (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 ¶ C.2. above, the physical condition and type of foundation present, if any.

4.  Change of use of a non-conforming structure

a.  The use of a non-conforming 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 wetland, or on the subject or adjacent properties and resources, than the existing use.

b.  § 101–I–7, ¶ A.5. shall not apply to changes in the use of non-conforming structures located wholly within the Shoreland Zone. For changes in the use of non-conforming structures located partially within the Shoreland Zone, § 101I7, ¶ A.5 shall apply only to that portion of the structure which is located outside the Shoreland Zone and is non-conforming with respect to the Articles I and II zoning standards.

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, flood plain management, archaeological and historic resources, and functionally water-dependent uses.

D.  Non-conforming Uses

1.  Expansions

a.  Expansions of non-conforming uses are prohibited, except that non-conforming 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 ¶ C.1.b. above.

b.  § 101–I–7, ¶ A.3 and § 101–I–7, ¶ A.4 shall not apply to expansions of non-conforming uses located wholly within the Shoreland Zone. For expansions of non-conforming uses located partially within the Shoreland Zone, § 101–I–7, ¶ A.3 and § 101–I–7, ¶ A.4 shall only apply to those portions of expansions of non-conforming uses located outside the Shoreland Zone. For expansions of non-conforming uses located partially within the Shoreland Zone, § 101–I–7, ¶ A.3 and § 101–I–7, ¶ A.4 shall only apply to those portions of expansions of non-conforming uses located outside the Shoreland Zone.

2.  Resumption prohibited

A lot, building or structure in or on which a non-conforming use is discontinued for a period exceeding one year, or which is superseded by a conforming use, may not again be devoted to a non-conforming 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 (5) year period.

3.  Change of use

a.  An existing non-conforming use may be changed to another non-conforming 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 § 101–III–12, ¶ C.4. above.

b.  § 101–I–7, ¶ A.5 shall not apply to changes from one non-conforming use to another when the uses in question are located wholly within the Shoreland Zone. For changes from one non-conforming use to another when one or both uses are located partially within the shoreland zone, § 101–I–7, ¶ A.5 shall apply only to those portions of either or both uses which are located outside the Shoreland Zone and are non-conforming with respect to the Article I zoning standards.

E.  Non-conforming Lots

1.  Non-conforming lots

A non-conforming lot of record as of the effective date of this Ordinance 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 Ordinance 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 (2) or more contiguous lots or parcels are in a single or joint ownership of record at the time of adoption or amendment of this Ordinance, and if all or part of the lots do not meet the dimensional requirements of this Ordinance, and if a principal use or structure exists on each lot, the non-conforming 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 (2) or more principal uses or structures existed on a single lot of record on the effective date of this Ordinance, 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 Ordinance.

3.  Contiguous lots vacant or partially built

a.  Two (2) 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:

i.   They are in single or joint ownership of record at the time of or since adoption or amendment of this Ordinance.

ii.   Any of these lots do not individually meet the dimensional requirements of this Ordinance or subsequent amendments.

iii.  One (1) or more of the lots are vacant or contain no principal structure.

b.  This provision shall not apply to two (2) or more contiguous lots, at least one (1) of which is non-conforming, owned by the same person or persons on the effective date of this Ordinance and recorded in the Cumberland County Registry of Deeds, if both of the following conditions can be met:

i.   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.

ii.   One or the other of the following two conditions is met:

[1.] Each lot contains at least one hundred (100) feet of shore frontage and at least twenty thousand (20,000) square feet of lot area.

[2.] Any of the lots not meeting the frontage and lot size requirements of subparagraph [1.]. immediately above are re-configured or combined so that each new lot contains at least one hundred (100) feet of shore frontage and twenty thousand (20,000) square feet of lot area.

§ 101–III–13. Establishment Of Districts

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 Article I zoning district shall be in effect, unless such regulations are less restrictive than the applicable regulations of this Ordinance, in which case the more restrictive standards of this Ordinance 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 Ordinance 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 Section § 101–III–15, ¶ E, Prohibited Uses, of this Ordinance 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 two hundred fifty (250) feet, horizontal distance, of the upland edge of a non-forested 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 paragraph "wetlands associated with Sebago Lake" shall mean areas characterized by non-forested 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.

2.  Areas of two (2) or more contiguous acres with sustained slopes of twenty percent (20%) or greater.

3.  Areas of two (2) or more contiguous acres supporting wetland vegetation and hydric soils located anywhere within the Shoreland Zone which are not part of a non-forested wetland, as defined, and which are not surficially connected to Sebago Lake during normal spring water.

4.  All land areas within non-forested wetlands, as defined herein.

B.  Stream Protection District

The Stream Protection District includes all land areas within seventy five (75) feet, horizontal distance, of the normal high-water line of a stream, exclusive of those areas within two-hundred and fifty (250) feet, horizontal distance, of the normal high-water line of Sebago Lake, or within two hundred-fifty (250) feet, horizontal distance, of the upland edge of a non-forested wetland, or as shown on the Official Shoreland Zoning Map. Where a stream and its associated shoreland area is located within two-hundred and fifty (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.

§ 101–III–14. Table of Land Uses

All land use activities, as indicated in Table III–14–1. below, Land Uses in the Shoreland Zone, shall conform with all of the applicable land use standards in § 101–III–15. of this Ordinance. The district designation for a particular site shall be determined from the Official Shoreland Zoning Map.

Table III–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 office

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, 2000 square feet or less

No

No

PB

19.  Retail business, more than 2000 square feet

No

No

PB

20.  Single-family dwelling [amended July 6, 2002; WA 5]

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 (ten) cubic yards

CEO

CEO

CEO

35.  Filling and earth moving of 10 (ten) 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 non-intensive 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 seventy-five (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 § 101–III–15, ¶ K.2.

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 § 101–III–16, ¶ K, Special Exceptions. [adopted July 6, 2002; WA 5]

 

§ 101–III–15. Land Use Standards

All land use activities within the Shoreland Zone shall conform with the following provisions, if applicable.

A.  Minimum Lot Standards

1.  The minimum lot size in the Shoreland Development Overlay District shall be the minimum size required in the underlying zoning district of Article I, Zoning Ordinance.

2.  The minimum lot size in the Stream Protection and Resource Protection Districts shall be three (3) acres.

3.  The minimum shore frontage in all districts within the Shoreland Zone shall be as follows:

a.  For residential uses, two hundred (200) feet per dwelling.

b.  For governmental, institutional, or commercial uses, three hundred (300) feet per principal structure.

c.  For public and private recreational facilities, two hundred (200) feet per facility.

4.  Land below the normal high-water line of Sebago Lake or upland edge of a wetland, and land beneath roads serving more than two (2) lots shall not be included toward calculating minimum lot area.

5.  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.

6.  The minimum width of any portion of any lot within one hundred (100) feet, horizontal distance, of the normal high-water line of Sebago Lake or upland edge of a wetland shall be equal to or greater than the shore frontage requirements for a lot with the proposed use.

7.  If more than one (1) residential dwelling unit or more than one (1) principal commercial structure is constructed on a single parcel, all dimensional requirements shall be met for each additional dwelling unit or principal structure.

8.  Clustered housing is permitted within the Shoreland Zone, provided that the overall dimensional requirements, including frontage and lot area per dwelling unit are met. When determining whether dimensional requirements are met, only land area within the Shoreland Zone shall be considered.

B.  Principal and Accessory Structures

1.  All new principal and accessory structures shall have a shore setback of at least one hundred (100) feet, horizontal distance, from the normal high-water line of Sebago Lake, and seventy five (75) feet from the normal high-water line of tributary streams or the upland edge of a wetland.

a.  Shore setbacks from Sebago Lake or wetland shall not take into account the reductions in shore setback resulting from stairways.

b.  In addition, the Sebago Lake or wetland shore setback provision shall apply neither to structures which require direct access to the water as an operational necessity, such as piers, docks, retaining walls, and dams, nor to other functionally water-dependent uses.

2.  Principal or accessory structures and expansions of existing structures which are permitted in the Resource Protection and Stream Protection Districts, shall not exceed thirty-five (35) feet in height.

3.  The first floor elevation or openings of all buildings and structures, including basements, shall be elevated at least one (1) foot above the elevation of the 100-year flood or the flood of record, or at least as high as required under Article IV, Floodplain Management Ordinance. In the absence of the elevations of the 100-year flood or the flood of record, soil types identified as recent floodplain soils shall be used to determine flood elevation for the purposes of this paragraph. See definition of “recent floodplain soils” in § 101–III–17.

4.  The total area of all structures, parking lots, and other non-vegetated surfaces, excluding natural beaches, above the normal high-water line within the Shoreland Zone shall not exceed twenty (20%) percent of the lot or a portion thereof located within the Shoreland Zone, including land area previously developed.

5.  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 all of the following conditions apply:

a.  The structure is limited to a maximum of four (4) feet in width.

b.  The structure does not extend below or over the normal high-water line of Sebago Lake or upland edge of a wetland, unless permitted by the Department of Environmental Protection pursuant to the Natural Resources Protection Act, Title 38 § 480-C.

c.  The applicant demonstrates that no reasonable access alternative exists on the property.

6.  Cluster development permitted under § 101–I–4, ¶ E, may be permitted in the Shoreland Zone, provided that any reduced lot dimensions allowed are confined to areas of the development outside the Shoreland Zone. Under no circumstance shall the minimum lot sizes in § 101–III–15, ¶ A.1. be reduced within the Shoreland Zone.

C.  Piers, Docks, Wharves, Bridges, and Other Structures

For piers, docks, wharves, bridges, and other structures and uses extending over or beyond the normal high-water line of Sebago Lake or within a wetland, all of the following standards apply:

1.  Access from shore shall be developed on soils appropriate for such use and constructed so as to control erosion.

2.  The location shall not interfere with existing developed or natural beach areas.

3.  The facility shall be located so as to minimize adverse effects on fisheries.

4.  The facility shall be no larger in dimension than necessary to carry out the activity and be consistent with existing conditions, use, and character of the area.

5.  No new structure shall be built on, over, or abutting a pier, wharf, dock, or other structure extending beyond the normal high-water line of Sebago Lake or within a wetland unless the structure requires direct access to the water as an operational necessity.

6.  No existing structures built on, over, or abutting a pier, dock, wharf, or other structure extending beyond the normal high-water line of Sebago Lake or within a wetland shall be converted to residential dwelling units in any district.

7.  Except in the Shoreland Development Overlay District where the underlying zoning district is the Water-Oriented Commercial District, structures built on, over, or abutting a pier, wharf, dock, or other structure extending beyond the normal high-water line of Sebago Lake or within a wetland shall not exceed twenty (20) feet in height above the pier, wharf, dock, or other structure.

8.  Permanent structures projecting into or over Sebago Lake shall not be permitted unless it is clearly demonstrated to the Planning Board that a temporary pier or dock or other structure is not feasible, and unless a permit has been obtained from the Department of Environmental Protection pursuant to the Natural Resources Protection Act, Title 38 § 480-C.

D.  Individual Private Campsites

Individual, private campsites not associated with commercial campgrounds are permitted provided the following conditions are met:

1.  One campsite is permitted per lot existing on the effective date of this Ordinance or per thirty thousand (30,000) square feet of lot area within the Shoreland Zone, whichever is less.

2.  Campsite placement on any lot, including the area intended for a recreational vehicle or tent platform, shall be set back one hundred (100) feet from the normal high-water line of Sebago Lake, and seventy five (75) feet from the normal high-water of tributary streams or the upland edge of a wetland.

3.  Only one recreational vehicle shall be allowed on a campsite.  The recreational vehicle shall not be located on any type of permanent foundation except for a gravel pad, and no structure(s) except canopies shall be attached to the recreational vehicles.

4.  The clearing of vegetation for the siting of the recreational vehicle, tent, or similar shelter in a Resource Protection District shall be limited to one thousand (1,000) square feet.

5.  A written sewage disposal plan describing the proposed method and location of sewage disposal shall be required for each campsite and shall be approved by the Local Plumbing Inspector. Where disposal is off-site, written authorization from the receiving facility or land owner is required.

6.  When a recreational vehicle, tent, or similar shelter is placed on-site for more that one hundred-twenty (120) days per year, all requirements for residential structures shall be met, including the installation of a subsurface sewage disposal system in compliance with the State of Maine Subsurface Wastewater Disposal Rules, unless the site is served by public sewage facilities.

E.  Prohibited Uses

The following new uses are prohibited within the Shoreland Zone:

1.  Airports

2.  Animal husbandry

3.  Auto or other vehicle service and/or repair operations, including body shops

4.  Auto repair garages

5.  Auto service stations

6.  Auto washing facilities

7.  Campground

8.  Cemeteries

9.  Chemical and bacteriological laboratories

10. Commercial painting, wood preserving, and furniture stripping

11. Commercial wood processing

12. Dry cleaning establishments

13. Electronic circuit assembly

14. Funeral homes

15. Golf courses

16. Junkyards

17. Laundromats, unless connected to a sanitary sewer

18. Metal plating, finishing, or polishing

19. Mineral extraction

20. Mobile home parks

21. Motor vehicle sales

22. Petroleum or petroleum products storage and/or sale except storage on same property as use occurs and except for storage and sales associated with marinas

23. Photographic processing

24. Printing

25. Public and private utilities

26. Storage of chemicals, including herbicides, pesticides or fertilizers other than amounts normally associated with use by individual households or farms

27. Timber harvesting

A use not contained in the above list is, nevertheless, not permitted in a Shoreland district unless it is stated as a permitted use for that district in Table III–14–1, Land Uses in the Shoreland Zone.

F.  Parking Areas

1.  Parking areas shall meet the shoreline shore setback requirements for structures for the district in which such areas are located, with the following exceptions:

a.  In the Shoreland Development Overlay District when the underlying zoning district is a Water-Oriented Commercial District, parking areas shall be setback at least twenty-five (25) feet from the normal high-water line or the upland edge of a wetland.

b.  In the Shoreland Development Overlay District when the underlying zoning district is not a Water-Oriented Commercial District, the shore setback requirement for parking areas serving public boat launching facilities may be reduced to no less than fifty (50) feet from the normal high-water line or upland edge of a wetland if the Planning Board finds that no other reasonable alternative exists.

2.  Parking areas shall be adequately sized for the proposed use and shall be designed to prevent storm water runoff from flowing directly into Sebago Lake and, where feasible, to retain all runoff on-site.

3.  In determining the appropriate size of proposed parking facilities, the following shall apply:

a.  Typical parking spaces: Approximately ten (10) feet wide and twenty (20) feet long, except that parking spaces for a vehicle and boat trailer shall be forty (40) feet long.

b.  Internal travel aisles: Approximately twenty-four (24) feet wide.

G. Roadways and Driveways

The following standards shall apply to the construction of roads and/or driveways and drainage systems, culverts, and other related features.

1.  Roads and driveways shall be set back at least one hundred (100) feet from the normal high-water line of Sebago Lake, and seventy-five (75) feet from the normal high-water line of tributary streams or the upland edge of a wetland unless no reasonable alternative exists as determined by the Planning Board. If no other reasonable alternative exists, the Planning Board may reduce the road and/or driveway shore setback requirement to no less than fifty (50) feet upon clear showing by the applicant that appropriate techniques will be used to prevent sedimentation of Sebago Lake. Such techniques may include but are not limited to the installation of settling basins and/or the effective use of additional ditch relief culverts and turnouts placed so as to avoid sedimentation of Sebago Lake, tributary stream, or wetland. On slopes of greater than twenty percent (20%), the road and/or driveway shore setback shall be increased by ten (10) feet for each five (5) percent increase in slope above twenty percent (20%).

2.  Existing public roads may be expanded within the legal road right-of-way regardless of its shore setback from Sebago Lake.

3.  New roads and driveways are prohibited in a Resource Protection District except to provide access to permitted uses within the district, or as approved by the Planning Board upon a finding that no reasonable alternative route or location is available outside the district. In such a situation, the road and/or driveway shall be set back as far as practicable from the normal high-water line of Sebago Lake, tributary stream, or upland edge of a wetland.

4.  Road banks shall be no steeper than a slope of two (2) horizontal to one (1) vertical, and shall be graded and stabilized in accordance with the provisions for erosion and sedimentation control contained in ¶ O. of this section.

5.  Road grades shall be no greater than ten (10) percent except for short segments of less than two hundred (200) feet.

6.  In order to prevent road surface drainage from directly entering Sebago Lake, roads shall be designed, constructed, and maintained to empty onto an unscarified buffer strip with a width of at least (50) feet plus two (2) times the average slope between the outflow point of the ditch or culvert and the normal high-water line of Sebago Lake, tributary stream, or upland edge of a wetland. Road surface drainage which is directed to an unscarified buffer strip shall be diffused or spread out to promote infiltration of the runoff and to minimize channelized flow of the drainage through the buffer strip.

7.  Ditch relief (cross drainage) culverts, drainage dips, and water turnouts shall be installed in a manner effective in directing drainage onto unscarified buffer strips before the flow in the road or ditches gains sufficient volume or head to erode the road or ditch. To accomplish this, the following shall apply:

a.  Ditch relief culverts, drainage dips, and associated water turnouts shall be spaced along the road at intervals no greater than indicated in the following table:

ROAD GRADE
(percent)

SPACING
(feet)

0 to 2

250

3 to 5

200 to 135

6 to 10

100 to 80

11 to 15

80 to 60

16 to 20

60 to 45

21+

40

b.  Drainage dips may be used in place of ditch relief culverts only where the road grade is ten percent (10%) or less.

c.  On road sections having slopes greater than ten percent (10%), ditch relief culverts shall be placed across the road at approximately a thirty-degree angle downslope from a line perpendicular to the centerline of the road.

d.  Ditch relief culverts shall be sufficiently sized and properly installed in order to allow for effective functioning, and their inlet and outlet ends shall be stabilized with appropriate materials.

8.  Ditches, culverts, bridges, dips, water turnouts, and other storm water runoff control installations associated with roads shall be maintained on a regular basis to assure effective functioning.

H.  Signs

The following provisions shall govern the use of signs in the Resource Protection, Stream Protection, and Shoreland Development Overlay Districts:

1.  Signs and billboards relating to goods and services sold on the premises shall be permitted, provided that such signs shall not exceed six (6) square feet in area and shall not exceed two (2) signs per premises. Billboards and signs relating to goods or services not sold or rendered on the premises shall be prohibited.

2.  Name signs shall be permitted, provided that such signs shall not exceed two (2) signs per premises.

3.  Residential users may display a sign not over three (3) square feet in area relating to the sale, rental, or lease of the premises.

4.  Signs related to trespassing and hunting shall be permitted on one's own property without restriction except as provided under applicable State laws governing the posting of property, provided that no such sign shall exceed two (2) square feet in area.

5.  Signs relating to public safety shall be permitted, consistent with § 101–I–4, ¶ O.

6.  No sign shall extend higher than twenty (20) feet above the ground.

7.  Signs may be illuminated only by shielded, non-flashing lights.

I.   Storm Water Runoff

1.  All new construction and development shall be designed to minimize storm water runoff from the site in excess of the natural predevelopment conditions. Where possible, existing natural runoff control features, such as berms, swales, terraces, and wooded areas shall be retained in order to reduce runoff and encourage infiltration of storm waters.

2.  Storm water runoff control systems shall be maintained as necessary to ensure proper functioning.

J.  Septic Waste Disposal

1.  All subsurface sewage disposal systems shall be installed in conformance with the State of Maine Subsurface Wastewater Disposal Rules (“rules”) and the following:    a) clearing or removal of woody vegetation necessary to site a new system and any associated fill extensions, shall ot extend closer then seventy-five feet, horizontal distance, from the normal high-water line of a water body or the upland edge of a wetlandf and   b) a holding tank is not allowed for a first-time residential use in the shoreland zone..

2.  The minimum shore setback for new subsurface sewage disposal systems shall be no less than one hundred (100) horizontal feet from the normal high-water line of Sebago Lake. The minimum shore setback distances for new subsurface sewage disposal systems shall not be reduced by variance.

3.  Replacement systems shall meet the standards for replacement systems as contained in the rules referenced in ¶ J.1. above.

K.  Essential Services

1.  Where feasible, the installation of essential services shall be limited to existing public ways and existing service corridors.

2.  The installation of essential services is not permitted in a Resource Protection or Stream Protection District, except to provide services to a permitted use within said district, or except where the applicant demonstrates that no reasonable alternative exists. Where permitted, such structures and facilities shall be located so as to minimize any adverse impacts on surrounding uses and resources, including visual impacts.

3. Damaged or destroyed public utility transmission and distribution lines, towers and related equipment may be replaced or reconstructed without a permit.

L.  Agriculture

1.  All spreading of manure shall be accomplished in conformance with the Manure Utilization Guidelines, published by the Maine Department of Agriculture on November 1, 2001, and theNutrient Management Law (7 M.R.S.A sections 4201-4209) .

2.  Manure shall not be stored or stockpiled within one hundred (100) feet, horizontal distance, of Sebago Lake or within seventy-five (75) feet horizontal distance, of other water bodies, tributary streams or wetlands. All manure storage areas within the Shoreland Zone must be constructed or modified such that the facility produces no discharge of effluent or contaminated storm water.

3.  Agricultural activities involving tillage of soil greater than forty thousand (40,000) square feet in surface area, or the spreading, disposal, or storage of manure within the Shoreland Zone shall require a  Conservation Plan to be filed with the Planning Board. Non-conformance with the provisions of said plan shall be considered to be a violation of this Ordinance. (Note: Assistance in preparing a Soil and Water Conservation Plan may be available through the local Soil and Water Conservation District Office.)

4.  There shall be no new tilling of soil within one hundred (100) feet, horizontal distance, of the normal high-water line of Sebago Lake; nor within seventy-five (75) feet, horizontal distance, of tributary streams and wetlands. Operations in existence on the effective date of this Ordinance and not in conformance with this provision may be maintained.

5.  After February 28, 1998, newly established livestock grazing areas shall not be permitted within one hundred (100) feet, horizontal distance, of the normal high-water line of Sebago Lake; nor within twenty-five (25) feet, horizontal distance, of tributary streams and wetlands. Livestock grazing associated with ongoing farm activities may continue, provided that such grazing is conducted in accordance with a Conservation Plan.

M. Timber Harvesting

[The provisions of this paragraph are deleted, since timber harvesting is not allowed anywhere in the Shoreland Zone, as stated in ¶ E. above.]

N.  Clearing of Vegetation for Development

1.  Within a shoreland area zoned for Resource Protection abutting Sebago Lake, there shall be no cutting of vegetation within the strip of land extending seventy-five (75) feet, horizontal distance, inland from the normal high-water line, except to remove safety hazards. Elsewhere, in any Resource Protection District the clearing of vegetation shall be limited to that which is necessary for uses expressly authorized in that district.

2.  Except in areas as described in ¶ N.1. above, and except to allow for the development of permitted uses, within a strip of land extending one hundred (100) feet, horizontal distance, inland from the normal high-water line of Sebago Lake and seventy-five (75) feet, horizontal distance, from any other water body, tributary stream or the