This chapter shall be titled "Town of Islesboro Land Use Ordinance."
The purposes of this chapter are to further the maintenance of safe and healthful conditions; to prevent and control water pollution; to protect fish spawning grounds, aquatic life, bird and other wildlife habitat; to protect archaeological and historic resources; to protect commercial fishing and maritime industries; to protect freshwater and coastal wetlands; to control building sites, placement of structures and land uses; to conserve shore cover, and visual as well as actual points of access to inland and coastal waters; to conserve natural beauty and open space; to anticipate and respond to the impacts of development in all areas; to preserve the Town's character; and to prevent offensive use of land.
This chapter has been prepared in accordance with the following provisions of the Maine Revised Statutes Annotated: Title 30-A, § 3001 (Home Rule Powers); Title 30-A, § 4352 (Land Use Regulation); and Title 38, §§ 435 to 449 (Mandatory Shoreland Zoning) and §§ 480-A to 480-U (Natural Resources Protection Act).
A. 
This chapter applies to all land areas in the Town of Islesboro. It applies specifically to:
(1) 
All offshore islands within the Town's jurisdiction;
(2) 
Coastal and freshwater wetlands;
(3) 
All land areas within 250 feet, horizontal distance, of the normal high-water line of any great pond or saltwater body;
(4) 
All areas of land within 250 feet, horizontal distance, from the upland edge of a coastal or nonforested wetland; and
(5) 
All land areas within 75 feet, horizontal distance, of the normal high-water line of a stream.
B. 
This chapter also applies to any structure built on, over or abutting a dock, wharf or pier, or other structure extending beyond the normal high-water line of a water body or within a wetland.
[Amended 6-6-2012]
A. 
This chapter, which was adopted by the legislative body of the Town of Islesboro on June 15, 1992, shall not be effective unless approved by the Commissioner of the Department of Environmental Protection.
B. 
A certified copy of the ordinance, attested and signed by the Town Clerk, shall be forwarded to the Commissioner of the Department of Environmental Protection for approval. If the Department of Environmental Protection fails to act on the ordinance within 45 days of its receipt of the ordinance, it shall be deemed approved. Upon approval of the ordinance, the Shoreland Districting Ordinance previously adopted on 30 May 1973 and as amended from time to time is hereby repealed.
C. 
Any application for a permit submitted to the Planning Board within the forty-five-day period shall be governed by the terms of the ordinance if the ordinance is approved by the Commissioner of the Department of Environmental Protection.
A certified copy of this chapter 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 the Town Office at reasonable cost at the expense of the person making the request. Notice of availability of this chapter shall be posted.
[Amended 6-6-2012]
Whenever a provision of this chapter conflicts with or is inconsistent with another provision of the chapter or of any other ordinance, regulation or statute, the more restrictive provision as determined by the Planning Board shall control.
This chapter may be amended by majority vote of the legislative body as provided by law. Copies of amendments, attested and signed by the Town Clerk, shall be submitted to the Commissioner of the Department of Environmental Protection following adoption by the Town legislative body and shall not be effective unless approved by the Commissioner. If the Commissioner fails to act on any amendment within 45 days of the Department's receipt of the amendment, 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.
A. 
For the purposes of this chapter, the Town of Islesboro is divided into districts as set forth in Article III of this chapter and as shown on the Protection Districts Map titled "Town of Islesboro, Protection Districts Map." The Protection Districts Map shall be drawn at a scale of not less than one inch equals 2,000 feet. District boundaries shall be clearly delineated, and a legend indicating the symbols for each district shall be placed on the map. For any land area shown on the Protection Districts Map as being part of the Town Centers District but determined to be in the Resource Protection District or Limited Development District by physical features and/or measurement on the ground pursuant to § 125-10, § 125-23 or § 125-25, such land area shall be governed by the zoning district imposing the more restrictive or higher standard.
[Amended 2-15-2018]
B. 
The Protection Districts Map shall be certified by the attested signatures of the Board of Selectmen and shall be located in the Town Office.
C. 
If amendments, in accordance with § 125-8, are made in the district boundaries or other matter portrayed on the Protection Districts Map , such changes shall be made on the Protection Districts Map within 30 days after the amendment has been approved by the Commissioner of the Department of Environmental Protection.
[Amended 6-6-2012]
Unless otherwise set forth on the Protection Districts Map or in this chapter, district boundary lines are property lines, the center lines of the paved or traveled portion of streets and roads and the center lines of rights-of-way, and the boundaries of the Protection Sector as defined herein. The depiction of districts on the Protection Districts Map is merely illustrative of their general location. The boundaries of the districts shall be determined by measurement of the distance on the ground from the normal high-water line or the upland edge of wetland vegetation, regardless of the location of the boundary shown on the map. Where uncertainty exists as to the exact location of district boundary lines, the Board of Appeals shall be the final authority as to location.