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Town of Shapleigh, ME
York County
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Code
New Laws (4) Index
A. 
Resource Protection District. In the interest of wise land use, public health, convenience, safety and welfare, the regulations of this district are intended to guide the use of areas of land with extended periods of high water tables:
(1) 
To further the maintenance of safe and healthful conditions and the general welfare, and to protect spawning grounds and other wildlife habitat.
(2) 
To avoid pollution of wetlands which feed into brooks, streams, lakes, ponds and rivers.
(3) 
To protect, preserve and maintain the water table and water recharge areas within the Town so as to preserve present and potential water supplies for the public health and safety of the Town.
(4) 
To prevent the destruction of natural wetlands which provide flood protection and stormwater storage, recharge of groundwater supply and augmentation of stream flow during dry periods.
(5) 
To prevent unnecessary or excessive expenses to the Town to provide and maintain essential services and utilities which arise because of inharmonious use of wetlands.
(6) 
To encourage those uses that can be appropriately and safely located in wetland areas.
(7) 
To protect presently existing natural wetland and wildlife habitat.
(8) 
To protect the stormwater capacity of freshwater wetlands to minimize flooding downstream.
B. 
Shoreland District. The regulations of this district are intended to accomplish the following purposes:
(1) 
To control building sites in shoreland areas which are already densely developed, to prevent further undue encroachment upon water bodies.
(2) 
To control the use and development of undeveloped shoreland areas and to provide maximum protection to the land and water resources so that:
(a) 
The processes of eutrophication, sedimentation and pollution, leading to the ultimate degradation or destruction of the water body, will be eliminated or delayed as long as possible.
(b) 
The process of accelerated nutrient enrichment of water bodies, which almost always accompanies shoreland development, will be kept at a minimum.
(c) 
Water bodies, particularly those with public access, will be maintained in a condition fit for the present and future use and enjoyment of the public.
(3) 
To provide minimum standards, as a stopgap measure, until such time as research establishes precisely the susceptibility of various water bodies to degradation, and the exact nature of the effect of shoreland development on that degradation process.
(4) 
To enhance the enjoyment and use of water bodies through the protection of fish and aquatic life from destruction that results from advanced stages of man-induced eutrophication.
(5) 
To minimize expenditures of public moneys for flood control projects.
(6) 
To minimize rescue and relief efforts undertaken at the expense of the general public.
(7) 
To minimize flood damage to public facilities such as water mains, sewer lines, streets and bridges.
C. 
Stream Protection District. The regulations of this district are intended to accomplish the following purposes:
[Amended 3-9-1991 ATM by Art. 53]
(1) 
To control building sites in shoreland areas which are, at the time of this chapter amendment, unbuilt upon or relatively unbuilt upon, in order that the state-mandated requirements for shoreland zoning may be implemented.
(2) 
To accomplish the other purposes stated in Subsection B.
D. 
General Purpose District. The regulations of this district are intended to accomplish the following purposes: to allow a maximum diversity of uses while protecting farmland, the public health and safety, environmental quality and economic well-being of the Town, by imposing minimum controls on those uses which, by virtue of their external effects (waste discharge, noise, glare, fumes, smoke, dust, odors or auto, truck or rail traffic), could otherwise create nuisances or unsafe or unhealthy conditions.
E. 
Floodplain District.
(1) 
The regulations of this district are intended to accomplish the following purposes:
(a) 
To provide that lands in the Town of Shapleigh subject to seasonal and periodic flooding as described hereinafter shall not be used for residence or other purposes in such a manner as to endanger the health, safety or welfare of the occupants thereof, of the public generally, or so as to burden the public with costs resulting from unwise individual choices of land use.
(b) 
To assure the continuation of the natural flow pattern of the watercourse(s) within the Town, in order to provide adequate and safe floodwater storage capacity to protect persons and property against the hazards of flood inundation.
(2) 
The Floodplain District shall be considered as overlying other districts. Any uses permitted in the portions of the districts so overlaid shall be permitted, subject to all the provisions of this section.
[Amended 3-10-1984 ATM by Art. 5; 3-9-1991 ATM by Art. 53; 3-14-1992 ATM by Art. 22; 10-22-1994 STM by Art. 3; 3-13-1999 ATM by Art. 64; 3-13-1999 ATM by Art. 65; 3-13-1999 ATM by Art. 67; 3-17-2001 ATM by Art. 18; 3-9-2002 ATM by Art. 18; 3-13-2004 ATM; 3-11-2006 ATM by Art. 8; 6-30-2009 STM; 3-13-2010 ATM by Art. 4; 3-11-2017 ATM by Art. 5; 3-10-2018 ATM by Art. 4; 3-9-2019 ATM by Art. 3; 3-14-2020 ATM by Art. 6; 3-11-2022 ATM by Art. 73]
Land uses permitted in each district in conformance with the performance standards of Article V, are shown in the following table:
KEY:
NO
=
Not permitted
YES
=
Permitted
NA
=
Not applicable
CEO
=
Allowed with permit issued by Code Enforcement Officer
LPI
=
Allowed with permit issued by Local Plumbing Inspector
CU
=
Permitted after Planning Board review to ensure that the proposed use conforms with the land use standards specified in Article V of this chapter. (Planning Board review is required for approval of conditional use permits. See §§ 105-71 through 105-73.)
RP
=
Resource Protection District
SD
=
Shoreland District
GP
=
General Purpose District
FD
=
Floodplain District
SP
=
Stream Protection District
LAND USES
RP
SD
GP
FD
SP
RURAL
Open space
YES
YES
YES
YES
YES
Timber harvesting
See § 105-9B
See § 105-9B
YES
YES
See § 105-9B
Clearing or removal of vegetation for activities other than timber harvesting
CEO
CEO
YES
CEO
CEO
Agriculture, commercial gardening5
CU
CU
YES
YES
CU
Campgrounds
NO
NO
CU
CU
NO
Individual private campsites
CEO
CEO
CEO
CEO
CEO
Earth removal, dredging, filling2
NO
CU
CU/CEO
CU
CU
Mineral exploration or extraction
CU
CU
CU
CU
NO
Commercial outdoor recreation, excluding campgrounds
NO
CU
CU
CU
CU
Nonintensive recreational uses not requiring structure, such as hunting, fishing and hiking
YES
YES
YES
YES
YES
Public and private recreational areas involving minimal structural development
CU
CU
CEO
CU
CU
Motorized vehicular traffic on existing roads and trails
YES
YES
YES
YES
YES
Seasonal sale of produce and plants raised:
Off the premises5
NO
CU
CU
CU
CU
On the premises5
NO
CU
YES
CU
CU
Nurseries
NO
NO
CU
CU
NO
Commercial animal breeding or care and commercial kennels
NO
NO
CU
NO
NO
RESIDENTIAL
RP
SD
GP
FD
SP
Single-family dwelling
NO
CEO3
CEO3
CU
CEO1,3
Seasonal camps and cottages
NO
CEO
CEO
CU
CEO1
Conversions of seasonal residences to year-round
NO
LPI
LPI
LPI
LPI
Two-family dwelling
NO
CU
CEO
CU
CU1
Multifamily dwelling
NO
NO
CU
CU
CU1
Cluster (planned unit) development
NO
CU
CU
CU
CU1
Mobile home parks
NO
NO
CU
NO
NO
Manufactured housing units not in parks
NO
CEO
CEO
CEO
CU1
COMMERCIAL
Home occupations
NO
CU
CU
CU
CU
Garage sales
NO
YES
YES
YES
YES
Garage sale business
NO
CU
CU
CU
CU
Commercial or industrial facilities
NO
NO
CU
CU
NO
Commercial or industrial areas requiring a shorefront location (e.g., marinas, boat yards, bath houses, fisheries)
NO
CU
NO
CU
CU1
Gas stations, motor vehicle sales or repair, car washes
NO
NO
CU
NO
NO
Eating establishments
NO
CU
CU
CU
NO
Premises selling alcoholic beverages
NO
CU
CU
NO
NO
Amusement arcades
NO
CU
CU
CU
NO
Head shops
NO
NO
NO
NO
NO
Flea markets
NO
CU
CU
CU
NO
Automobile graveyards and junkyards operated in accordance with state law
NO
NO
CU
NO
NO
Waste processing or disposal facilities other than sanitary landfills
NO
NO
CU
NO
NO
Telecommunications facility
NO
NO
CU
NO
NO
Adult entertainment
NO
NO
CU
NO
NO
Retail marijuana establishments and retail marijuana social clubs4
NO
NO
NO
NO
NO
PUBLIC, SEMIPUBLIC, INSTITUTIONAL
Church, parish house or other religious building
NO
CU
CU
CU
CU1
Municipal offices, library, museum
NO
NO
CU
CU
CU1
Town garage, fire station
NO
NO
CU
CU
NO
Utility buildings or structures
NO
CU
CU
CU
CU1
Under 120 square feet
NO
CEO
CEO
CEO
CEO1
Schools (public or private)
NO
NO
CU
NO
NO
Nursery schools
NO
CU
CU
NO
NO
Facilities for scientific or nature interpretation purposes
NO
CU
CU
NO
CU1
Cemeteries
NO
NO
CU
NO
NO
OTHER
RP
SD
GP
FD
SP
Piers and docks requiring permits (see definitions)
NO
CU
NA
CU
CU
Boathouses
NO
CU
CU
CU
NO
Creation of back lot [refer to § 105-19B(3)[1]]
NO
CU
CU
NO
NO
Signs:
Commercial
NO
CEO
CEO
NO
CEO
Noncommercial
NO
CEO
CEO
CEO
CEO
Uses or structures accessory to:
Permitted uses
CEO
CEO
CEO
CEO
CEO1
Permitted structures
CEO
CEO
CEO
CEO
CEO1
Conditional uses
CU
CU
CU
CU
CU1
Uses similar to:
Permitted uses
CEO
CEO
CEO
CEO
CEO
Conditional uses
CU
CU
CU
CU
CU
Ponds
CU
CU
CU
CU
CU
Low retaining walls
NO
CU
YES
NO
CU
NOTES:
1 Provided that a variance from the setback requirement is obtained from the Board of Appeals.
2 See also § 105-39.
3 Additional detached dwelling units in excess of one on a single lot shall require review and approval by the Planning Board. A site plan certified by a registered land surveyor, licensed in the State of Maine, showing all existing and proposed structures, and other pertinent information relating to the possible division of land, shall be submitted to the Planning Board. The Planning Board shall determine that the property and all structures can meet the current zoning and setback requirements if the property were to be divided.
4 See details in Ch. 48, Marijuana, Art. I.
5 Marijuana is neither considered an agricultural crop nor commercial gardening. Marijuana is not considered a seasonal produce or plant. Conduct pursuant to the Maine Medical Use of Marijuana Act, 22 M.R.S.A. § 558-C requires a conditional use permit.
[1]
Editor's Note: Section 105-19B(3), as amended, was repealed 3-17-2001 ATM by Art. 13.
[Amended 3-12-1988 ATM by Art. 64; 3-9-1991 ATM by Art. 53; 3-13-1999 ATM by Art. 65; 3-17-2001 ATM by Art. 19; 6-30-2009 STM; 3-13-2010 ATM by Art. 5; 3-10-2018 ATM by Art. 5; 3-11-2023 ATM by Art. 3]
Dimensional requirements shall be in accordance with the following table:
Commercial and Industrial Dimensional Requirements (A)
Land Uses
Resource Protection District
Shoreland District
General Purpose District
Floodplain District
Stream Protection District
Minimum land area per principal building
N/A1
80,000
80,000
2
80,000
Minimum street frontage per principal building (feet)
N/A
200(B)
200(B)
200(B)
Minimum shore frontage (feet) per principal building
200(C)
200(C)
200(C)
200(C)
Minimum yard dimensions for each principal structure:3
Front setback from front property line (feet)
N/A
50(D, F)
50(D, F)
2
50(D, F)
Side setback (feet)
N/A
10(E, F)
25(E, F)
2
25(E, F)
Rear setback (feet)
N/A
20
30
2
30
Shoreland setback (feet)
250(G, H)
100(G, H)
—
2
75(G, H)
Tributory stream
75
75
75
Maximum lot coverage (by structure)
N/A
10%
20%
2
10%
Maximum building height (feet)
—
35(H)
35(H)
2
35(H)
NOTES:
1 No portion of any lot created after the effective date of adoption of this chapter and lying within the Resource Protection District may be used to meet the dimensional requirements.
2 Dimensional requirements in the underlying zoning district shall apply. However, no construction or filling shall be allowed unless the applicant can demonstrate that the specific property is not in fact either subject to flooding or unsuitable for the proposed use because of hydrological/topographical conditions. Land within the Floodplain District may be used to meet the area and yard requirements, provided that the portion in this district which is so used does not exceed 30% of the minimum land area required per dwelling unit.
3 Yard dimensions for accessory structures may be found in § 105-35 of this chapter.
Residential Dimensional Requirements (A)
Land Uses
Resource Protection District
Shoreland District
General Purpose District
Floodplain District
Stream Protection District
Minimum land area per dwelling unit or principal building (square feet)
N/A1
80,000
80,000
2
80,000
Minimum street frontage per dwelling unit or principal building (feet)
N/A
200(B)
200(B)
200(B)
Minimum shore frontage per dwelling unit or principal building (feet)
200(C)
200(C)
200(C)
200(C)
Minimum yard dimensions per dwelling unit or principal building:
Front setback from front property line (feet)
N/A
50(D, F)
50(D, F)
2
50(D, F)
Side setback (feet)
N/A
10(E, F)
25(E, F)
2
25(E, F)
Rear setback (feet)
N/A
20
30
2
30
Shoreland setback (feet)
100(G, H)
100(G, H)
—
2
75(G, H)
Tributory stream
75
75
75
Maximum lot coverage (by structure)
N/A
10%
20%
2
10%
Maximum building height (feet)
—
35(H)
35(H)
2
35(H)
NOTES:
1 No portion of any lot created after the effective date of adoption of this chapter and lying within the Resource Protection District may be used to meet the dimensional requirements.
2 Dimensional requirements in the underlying zoning district shall apply. However, no construction or filling shall be allowed unless the applicant can demonstrate that the specific property is not in fact either subject to flooding or unsuitable for the proposed use because of hydrological/topographical conditions. Land within the Floodplain District may be used to meet the area and yard requirements, provided that the portion in this district which is so used does not exceed 30% of the minimum land area required per dwelling unit.
3 Yard dimensions for accessory structures may be found in § 105-35 of this chapter.
4 For more than one dwelling unit per building see § 105-42.
IMPORTANT: See also notes to this table in § 105-19.
A. 
Each lot on which is located a principal structure or use, unless in compliance with § 105-40.2 or 105.42 of this chapter, shall meet all the dimensional standards set forth in § 105-18. Dimensional requirements for two and multifamily dwellings are set forth in § 105-42 of this chapter. Dimensional requirements for a residence and a nonresidential use on one conforming lot are set forth in § 105-40.2.
[Amended 3-17-2001 ATM by Art. 15; 6-30-2009 STM; 3-10-2018 ATM by Art. 5]
(1) 
Flag lots and other odd-shaped lots in which narrow strips are joined to other parcels in order to meet the minimum lot size requirements are prohibited. The ratio or lot length to width shall not be more than 4 to 1.
[Added 3-9-2013 ATM by Art. 7]
B. 
Street frontage. The minimum street frontage requirements shall be subject to the following additional considerations:
(1) 
A new building lot abutting a public road or abutting a privately maintained road meeting the Town's road construction standards shall have a minimum road frontage of 200 feet.
(2) 
Lots of record existing at the time of ordinance amendment may be built upon, provided that they meet the requirements of § 105-4E(1).
[Amended 3-10-1984 ATM by Art. 5]
(3) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection B(3), regarding back lots, as amended, was repealed 3-17-2001 ATM by Art. 13.
(4) 
[2]New building lots located at the end of a cul-de-sac may be designed so that they have 50 feet of street frontage, so long as the width is 200 feet at the location where the principal building is constructed.
[2]
Editor's Note: Original Subsection B4 was deleted 3-10-1984 ATM by Art. 5.
C. 
Shore frontage. A lot abutting a lake, pond, river, stream or wetland shall have a minimum shore frontage as specified in the table in § 105-18, measured in a straight line between the points of intersection of the side lot lines with the shoreline at the normal high-water line or upland edge.
[Amended 3-13-1999 ATM by Art. 65]
D. 
Front yards. When a lot fronts on the shore and on a road or right-of-way, both the shoreland setback of 100 feet and the front setback as defined in § 105-18 shall be met, except on nonconforming lots of record, in which case the setback may be no less than 25 feet from the property line or road. This reduction shall require a conditional use permit from the Planning Board. All conditional uses approved relating to setbacks shall require confirmation, in writing, by a licensed surveyor that the placement of the structure is correct and the plan shall be recorded in the York County Registry of Deeds within 90 days of the date of the Planning Board approval. If the plan is not recorded within this time period, the approval of the Planning Board shall be null and void.
[Amended 3-12-1988 ATM by Art. 64; 3-9-1991 ATM by Art. 53; 3-13-1999 ATM by Art. 63; 3-11-2022 ATM by Art. 73; 3-11-2023 ATM by Art. 3]
E. 
Side yards. The combined width of both side yards shall be at least 30 feet in the Shoreland District.
F. 
Corner lot setbacks and visibility. Corner lot yards abutting roads shall have a minimum depth of 50 feet from each right-of-way or as outlined in § 150-19D above. All corner lots shall be kept free from visual obstructions for a distance of 25 feet measured along the intersecting street lines.
[Amended 3-11-2023 ATM by Art. 3]
G. 
Shoreline setback. This setback is from the normal high-water mark of any lake or river in the Shoreland District. Setback from the wetlands over 10 acres in size shall be 130 feet.
[Amended 3-12-1988 ATM by Art. 64]
H. 
Building height. No building shall exceed 2 1/2 stories or 35 feet in height, as measured between the lowest ground grade adjoining the building and the highest point of the structure. Exception: In public, semipublic, institutional and agricultural buildings, a height not to exceed 40 feet is allowed in the General Purpose District only, and must be in compliance with NFPA 101. Features of building and structures, such as chimneys, towers, ventilators and spires, may exceed 35 feet in height but shall be set back from the nearest lot line a distance not less than the height of such feature or structure, unless a greater setback is required by other provisions of this chapter.
[Amended 6-30-2009 STM; 11-2-2010 by referendum; 3-13-2015 ATM by Art. 5]