§ 170-49 Multifamily dwellings.
Prohibited location(s). In addition to other provisions of this chapter, multifamily dwellings shall be prohibited from the following:
The Downtown Business District, including the Head of the Harbor.
From St. Andrews Campus Hospital to Roads End: all areas within 500 feet of the landward side of Western Avenue, West Street from Mill Cove to the intersection with Howard Street, Townsend Avenue north of Union Street to the Congregational Church, Oak Street from the General Business District to Union Street and Atlantic Avenue until its intersection with Roads End except for the Atlantic Avenue Mixed Use District.
Within 500 feet from the high-water mark in all areas of the coastline except for the Atlantic Avenue Mixed Use District.
The area of land within 75 feet of all freshwater bodies.
The area within 300 feet of Route 27 north of the Routes 27/96 intersection.
Special residential districts and islands.

Density. In sewered areas where multifamily units are permitted, the lot size requirement of 10,000 square feet may be reduced to six units per acre as a density bonus or in the Atlantic Avenue Mixed Use District multifamily units may be developed at a density of 7,250 square feet per dwelling unit with a minimum of 2,500 square feet of lot area per dwelling unit with the approval of the Planning Board. Planning Board approval shall be based upon a determination that the development meets all other requirements of this chapter and that it will result in a benefit to the public, such as public waterfront access, a public boat ramp or additional public parking.

Building size limitation. There shall be no more than four units per structure. This limitation may be increased to six units per structure with the approval of the Planning Board in accordance with the requirements of Subsection B above. This provision shall not apply to elderly housing projects, as defined.

Lots within the Atlantic Avenue Mixed Use District that are in the same ownership. Such lots may be treated as if they are contiguous for the purposes of calculating density and siting of common wall multi- family residences except that required setbacks for each lot shall be maintained. Lots used in this calculation shall record the details of the calculation with the Lincoln County Registry of Deeds as part of the deed.

§ 170-21 Districts established.
For the purpose of this Land Use Code, the Town of Boothbay Harbor is divided into the following districts:
General Residential District Special Residential District Downtown Business District
Maritime/Water Dependent District Atlantic Avenue Mixed Use District General Business District
Resource Protection District

§ 170-25 Purpose of districts.
D. . Maritime/Water Dependent District. The purpose of the Maritime/Water Dependent District is to reserve a reasonable portion of the Boothbay Harbor waterfront for traditional water-dependent uses. The intention of this land use district is to protect traditional commercial water-dependent uses such as commercial fishing, boat building, marine service and repair, etc., from other competing but incompatible uses; to conserve points of public access to coastal waters; and to give preference in identified areas to commercial water-dependent uses over recreational and residential uses.

Atlantic Avenue Mixed Use District . The purpose of the Atlantic Avenue Mixed Use District is to reserve a reasonable portion of the Boothbay Harbor waterfront for the protection of traditional water- dependent uses such as bait suppliers, wholesale and retail lobster and fish markets, boat launching ramps, marine repair and marinas and similar marine activities while encouraging modernization of existing non-maritime properties, development of new, compatible non-maritime uses such as hotels, restaurants and residences (both single and limited common wall multi-family) and similar uses, creation of new opportunities for public waterfront access and conservation of existing points of public physical and visual access to coastal waters.

§ 170-26 Description of districts.

D. The Maritime/Water Dependent District Atlantic Avenue Mixed Use District.	
  (1) The Maritime/Water Dependent District Atlantic Avenue Mixed Use District shall be described as all of the area included within the following perimeter: Beginning at the eastern end of the footbridge and continuing in an easterly direction along the footbridge rights-of-way until it intersects Atlantic Avenue; thence south along the center line of Atlantic Avenue to a point between Lot No. 30 and No. 32 of Tax Map No. 10; thence along said property line to the water; thence generally northerly direction along the water's edge to the point of beginning.
(2) Exemption: the lot described by the Town's Year 2000 Tax Maps as Map 16, Lot 30. Change the Zoning Map accordingly.
 	Added 5-6-2002 by ATM Art. 20]

§ 170-27 Schedule of uses.

Activity categories. Land uses permitted in the town's zoning districts, in conformance with the performance standards contained in Article IV, are shown in a matrix in § 170-27E. The various land uses contained in the matrix are organized into the following activity classifications:
Open Space.
Residential.
Commercial.
Industrial.
Institutional.
Miscellaneous.

Symbols used in Schedule of Uses. The following symbols contained in the Schedule of Uses have the following meanings:

District symbols:

GR	General Residential District SR	Special Residential District DB	Downtown Business District

MW	Maritime/Water Dependent District

AAM	Atlantic Avenue Mixed Use District GB	General Business District
RP	Resource Protection District

E. Schedule of Uses (note – only uses in the AAM are listed)

Proposed Atlantic Avenue Mixed Use District	
Open Space Uses			Commercial farms, gardens, nurseries and greenhouses		
Accessory uses or structures	C		Commercial gymnasiums, fitness centers	P	
Earthmoving activities of less than 100 cubic yards
but greater than 10 cubic yards	C		Funeral homes		
Earthmoving activities of more than 100 cubic yards	P		Gasoline service stations		
Outdoor conservation and recreational uses not
operated for profit	P		Laundromats, dry cleaning		
Forest management, except timber harvesting	Y		Micro-breweries	P	
Roads, driveways and parking areas	Y		Motels, hotels, inns	P	
Nonresidential	P		Neighborhood grocery stores		
Fire prevention activities	Y		Outdoor recreational uses operated for profit	P	
Water-Oriented Uses			Parking areas/lots	C	
Accessory uses or structures	C		Parking facilities	C	
Aquaculture uses. No processing or storage	P		Professional uses	C	
Aquaculture products, processing, warehousing, retail and wholesale
sales	P		Recreation facilities (indoor)	P	
Boat building and repair, commercial operations	P		Resort areas		
Boathouses	C		Restaurants	P	
Breakwaters and causeways	P		Retail establishments	P	
Marinas	P		Service establishments	P	
Marina expansion	P		Theaters		
Piers, docks and wharves	C		Veterinary clinics		
Seafood products, processing, warehousing, retail and wholesale sales	P		Wholesale establishments		
Tour or charter boat operations	C		Wireless communications facilities		
Residential Uses			Industrial Uses		
Accessory structures	C		Accessory uses and structures	C	
Residential association uses or structures	P		Light industry		
Boardinghouses	C		Institutional and Public Uses		
Duplexes	C		Accessory structures	C	
Home occupations	C		Churches	C	
Manufactured Housing exclusive of mobile homes (modular)	C		Community service organizations	C	
Multifamily dwellings	P		Health clinics (do not include marijuana or methodone clinics or
dispensaries)	P	
Single-family dwellings	C		Hospice		
Commercial Uses			Hospital		
Accessory uses and structures	C		Municipal, county, state and federal uses and structures not otherwise
listed	C	
Auction barns			Nursing homes		
Automobile sales			Public recreation	C	
Banks and financial institutions	P		Social and fraternal organizations	C	
Bed and breakfasts	P		Yacht clubs (private and non-profit)	C	

§170-28 Schedule of Dimensional Requirements

	Maritime/Water Dependent Atlantic Avenue Mixed Use District	
Minimum Land Area per Principal Non-
Residential Use	
2,000 sf	
Minimum Lot Size per Common Wall Multi- Family Residential Dwelling Unit	
2,500 sf	
Maximum Density per Common Wall Multi- Family Residential Dwelling Unit	
7,250 sf See Note	

Note: Lots within the Atlantic Avenue Mixed Use District that are in the same ownership may be treated as if they are continuous for the purposes of calculating density and siting of common wall multi-family residences except that required setbacks for each lot shall be maintained.

§ 170-41 Height of building.
B. Unless otherwise specified, the maximum height of a building shall be as follows:
In the General Business District (commonly known as "the meadow)" and in the Atlantic Avenue Mixed Use District, the maximum building height shall be 35 feet or 2 1/2 stories, whichever is less.

§ 170-69 Site Plan Review Standards

M. Shoreland Relationship

For a proposed development on a lot in existence on January 1, 2018 within the Atlantic Avenue Mixed Use District that will consist of reconstruction or redevelopment of an existing principal non-residential structure in excess of 3,000 square feet of floor area, construction of a new principal non-residential structure in excess of 3,000 square feet of floor area or the construction of 3 or more common wall multi-family residential dwelling units, the following view corridor standards shall apply.

An unobstructed view corridor from Atlantic Avenue to the harbor shall be created or maintained

The view corridor shall be exclusive of any required side setbacks and shall be a minimum of 20 feet in width plus.

(c Surface parking and shrubs that do not exceed three feet at maturity may be located within these designated view corridors.

§179-69.M(3)shall apply to all lots in the Atlantic Avenue Mixed Marine/Water Dependent District except the following:
Map 16 Lot 29

ii.	Map 16 Lot 28A iii.	Map 16 Lot 27 iv.	Map 16 Lot 26 v.	Map 16 Lot 25 vi.	Map 16 Lot 33A vii.	Map 16 Lot 33B viii.	Map 16 Lot 30 ix.	Map 16 Lot 21 x.	Map 10 Lot 32A

§170-113 Definitions

HALF STORY - The space under a sloping roof which has the line of intersection of the roof decking and wall face not more than three feet above the top floor level, and in which space not more than 1/2 of the floor area is finished off for use. A half story containing independent apartments or living quarters shall be counted as a full story.