Town of Shapleigh, ME Article II Establishment of Districts

§ 105-10 Zoning districts.

[Amended 3-9-1991 ATM by Art. 53; 3-13-1999 ATM by Art. 65]

To implement the provisions of this chapter, the Town of Shapleigh is hereby divided into the following districts:

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 those lands in the Shapleigh Town Forest shown on the Official Map as in the Resource Protection District, all lands in the Vernon Walker Wildlife Refuge and, to the extent shown on the Official Map, those portions of the Shoreland Zone which are:

(1) Areas within 250 feet, horizontal distance, of the upland edge of freshwater wetlands, and wetlands associated with great ponds and rivers, 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) that are depicted on a Geographic Information System (GIS) data layer maintained by either MDIF&W or the Department as of May 1, 2006. For the purposes of this subsection, "wetlands associated with great ponds and rivers" shall mean areas characterized by non-forested wetland vegetation and hydric soils that are contiguous with a great pond or river, and have a surface elevation at or below the water level of the great pond or river, during the period of normal high water. Wetlands associated with great ponds or rivers are considered to be part of that great pond or river.

[Amended 6-30-2009 STM]

(2) Floodplains along rivers and floodplains along artificially formed great ponds along rivers, defined by the one-hundred-year floodplain as designated on the Federal Emergency Management Agency's (FEMA) Shapleigh Flood Insurance Rate Maps, August 5, 1985.

(3) Areas of two or more contiguous acres with sustained slopes of 20% or greater.

(4) Areas of two or more contiguous acres supporting wetland vegetation and hydric soils, which are not part of an inland wetland, as defined, and which are not superficially connected to a water body during the period of normal high water.

[Amended 6-30-2009 STM]

(5) Land areas along rivers subject to severe bank erosion, undercutting or river bed movement.

B. Shoreland District. The Shoreland District is the land area located within 250 feet, horizontal distance, of the normal high-water line of any great pond, wetland or river that is not in the Resource Protection District.

C. Stream Protection District. The Stream Protection District includes all land areas within 75 feet, horizontal distance, of the normal high-water line of a stream, exclusive of those areas in the Resource Protection or Shoreland Districts. Where a stream and its associated shoreland area is located within those districts, that land area shall be regulated under the terms of those districts.

D. General Purpose District: all land within the Town not included in any other district.

E. Floodplain District. The Floodplain District boundaries shall be those which are designated as the one-hundred-year floodplain district designated as Zones A, A1-A30, on the Shapleigh Flood Insurance Rate Map (FIRM), dated August 5, 1985, on file with the Town Clerk, Planning Board and Code Enforcement Officer. These maps, as well as the Shapleigh Flood Insurance Study, are incorporated by reference.

§ 105-11 Location of districts.

[Amended 3-13-1999 ATM by Art. 65; 3-17-2001 ATM by Art. 16]

The General Purpose District, the Resource Protection District, the Stream Protection District and the Shoreland District are located and bounded as shown on the Official Zoning Map, entitled "Zoning Map of Shapleigh, Maine," dated 2000, signed by and on file with the Town Clerk. The Floodplain District is located and bounded as shown on the Shapleigh Flood Insurance Rate Map (FIRM), dated August 5, 1985. Copies of the maps are available for review in the office of the Code Enforcement Officer.

§ 105-12 Uncertainty of boundary location.

Where uncertainty exists with respect to the boundaries of the various districts as shown on the Zoning Map, the following rules shall apply:

A. Boundaries indicated as approximately following the center lines of streets, highways or alleys shall be construed as following such center lines.

B. Boundaries indicated as approximately following well-established lot lines shall be construed as following such lot lines.

C. Boundaries indicated as approximately following municipal limits shall be construed as following such municipal limits.

D. Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of natural change in the shoreline shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the center line of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such center lines.

E. Boundaries indicated as being parallel to or extensions of features indicated in Subsections A through D above shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map.

F. Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered by Subsections A through E above, the Board of Appeals shall interpret the district boundaries.

G. The location of the Resource Protection, Shoreland and Stream Protection Districts on the Official Zoning Map are merely approximate indications of their location. The exact location of their boundaries must be determined by measurement of the appropriate distance from the normal high-water line of the protected water body or the upland edge of the wetland.

[Amended 3-13-1999 ATM by Art. 65[1]]

[1] Editor's Note: This article also repealed former Subsections H, I and J, which immediately followed and included verbal descriptions of the zoning districts. For said descriptions, see § 105-10.

§ 105-13 Division of lots by district boundaries.

[Amended 3-13-1999 ATM by Art. 65]

A. Where a zoning district boundary line divides a lot or parcel of land of the same ownership of record at the time such line is established by adoption or amendment of this chapter, the regulations applicable to the less-restricted portion of the lot may be extended, except when the more-restricted portion lies in the Shoreland District, the Resource Protection District or the Stream Protection District, not more than 50 feet into the more-restricted portion of the lot subject to the provisions of Subsection B below.

B. Extension of use shall be considered a conditional use, subject to approval of the Planning Board and in accordance with the criteria set forth in § 105-73G, Standards applicable to conditional uses.