A.
Resource
Protection District.The Resource Protection District includes areas in
which development would 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 and areas which meet the criteria for the Limited
Commercial, General Development I, or Commercial Fisheries/Maritime Activities
Districts need not be included within the Resource Protection District.
(1) Floodplains along rivers and floodplains
along artificially formed great ponds along rivers, defined by the 100 year
floodplain as designated on the Federal Emergency Management Agency's (FEMA)
Flood Insurance Rate Maps or Flood Hazard Boundary Maps, or the flood of
record, or in the absence of these, by soil types identified as recent
floodplain soils. This district shall also include 100 year floodplains
adjacent to tidal waters as shown on FEMA's Flood Insurance Rate Maps or Flood
Hazard Boundary Maps.
(2) Areas of
two or more contiguous acres with sustained slopes of 20% or greater.
(3) Areas of two (2) or more contiguous acres
supporting wetland vegetation and hydric soils, which are not part of a
freshwater or coastal wetland as defined, and which are not surficially
connected to a water body during the period of normal high water.
NOTE: These areas usually consist of forested
wetlands abutting water bodies and non-forested wetlands.
(4) Land areas along rivers subject to severe
bank erosion, undercutting, or river bed movement, and lands adjacent to tidal
waters which are subject to severe erosion or mass movement, such as steep
coastal bluffs.
NOTE: Municipalities may also include the
following other areas which have been recommended for protection in the
comprehensive plan of the municipality, or as otherwise endorsed for protection
by the municipal legislative body, such as:
A. Other important wildlife
habitat;
B. Natural sites of
significant scenic or esthetic value;
C. Areas designated by federal, state or
municipal governments as natural areas of significance to be protected from
development; and
D. Other
significant areas which should be included in this district to fulfill the
purposes of this Ordinance, such as, but not limited to, existing public access
areas and certain significant archaeological and historic sites deserving of
long-term protection as determined by the municipality after consultation with
the Maine Historic Preservation Commission.
E. Areas within 250 feet, horizontal
distance, of the upland edge of freshwater and/or coastal wetlands, which are
rated "moderate" or "high" value waterfowl and wading bird habitat, including
nesting and feeding areas, by the Maine Department of Inland Fisheries and
Wildlife (MDIF&W). These areas are generally depicted on a Geographic
Information System (GIS) data layer.
B.
Limited Residential
District.The Limited Residential District includes those areas suitable
for residential and recreational development. It includes areas other than
those in the Resource Protection District, or Stream Protection District, and
areas which are used less intensively than those in the Limited Commercial
District, the General Development Districts, or the Commercial
Fisheries/Maritime Activities District.
C.
Limited Commercial
District.The Limited Commercial District includes areas of mixed, light
commercial and residential uses, exclusive of the Stream Protection District,
which should not be developed as intensively as the General Development
Districts. This district includes areas of two or more contiguous acres in size
devoted to a mix of residential and low intensity business and commercial uses.
Industrial uses are prohibited.
D.
General Development I District.The General Development I District
includes the following types of existing, intensively developed areas:
(1) Areas of two or more contiguous acres
devoted to commercial, industrial or intensive recreational activities, or a
mix of such activities, including but not limited to the following:
(a) Areas devoted to manufacturing,
fabricating or other industrial activities;
(b) Areas devoted to wholesaling,
warehousing, retail trade and service activities, or other commercial
activities; and
(c) Areas devoted
to intensive recreational development and activities, such as, but not limited
to amusement parks, race tracks and fairgrounds.
(2) Areas otherwise discernible as having
patterns of intensive commercial, industrial or recreational uses.
E.
General Development II
District.The General Development II District includes the same types of
areas as those listed for the General Development I District. The General
Development II District, however, shall be applied to newly established General
Development Districts where the pattern of development at the time of adoption
is undeveloped or not as intensively developed as that of the General
Development I District.
Portions of the General Development District I or II may also
include residential development. However, no area shall be designated as a
General Development I or II District based solely on residential use.
In areas adjacent to great ponds classified GPA and adjacent
to rivers flowing to great ponds classified GPA, the designation of an area as
a General Development District shall be based upon uses existing at the time of
adoption of this Ordinance. There shall be no newly established General
Development Districts or expansions in area of existing General Development
Districts adjacent to great ponds classified GPA, and adjacent to rivers that
flow to great ponds classified GPA.
NOTE: See definition of "great pond classified
GPA" in Section 17. In most municipalities all of the great ponds are
classified GPA. In municipalities where all of the great ponds are classified
GPA, the term "great ponds classified GPA" can be changed to "great ponds". It
may also be helpful to list the names of the great ponds found in the
municipality within the definition of "great pond' in Section
17.
F.
Commercial
Fisheries/Maritime Activities District.The Commercial Fisheries/Maritime
Activities District includes areas where the existing predominant pattern of
development is consistent with the allowed uses for this district as indicated
in the Table of Land Uses, Section 14, and other areas which are suitable for
functionally water-dependent uses, taking into consideration such factors as:
(1) Shelter from prevailing winds and
waves;
(2) Slope of the land within
250 feet, horizontal distance, of the shoreline;
(3) Depth of the water within 150 feet,
horizontal distance, of the shoreline;
(4) Available support facilities including
utilities and transportation facilities; and
(5) Compatibility with adjacent upland uses.
NOTE: A municipality may opt to identify one or
more CFMA Districts, each of which may be as small as a single parcel, provided
that the municipality includes in this district or combination of CFMA
districts, all land currently occupied by or suitable for active water
dependent uses, taking into consideration the above-listed
factors.
G.
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 a
great pond, or river, or within two hundred and fifty (250) feet, horizontal
distance, of the upland edge of a freshwater or coastal wetland. Where a stream
and its associated shoreland area are located within two-hundred and fifty
(250) feet, horizontal distance, of the above water bodies or wetlands, that
land area shall be regulated under the terms of the shoreland district
associated with that water body or wetland.
