§ 170-101.4 Official Shoreland Zoning Map; districts.
A. Official Shoreland Zoning Map. The areas to which this article is applicable are hereby divided into the following districts as shown on the Official Shoreland Zoning Map(s) which is (are) made a part of this article:[1]
Resource Protection District
Special Residential District/Limited Residential General Residential District/Limited Commercial Downtown Business District
General Business District/General Development
Atlantic Avenue Mixed Use District Maritime Water Dependent District/ Commercial Fisheries/Maritime Activities
Stream Protection District

§ 170-101.8 Establishment of districts.

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 Atlantic Avenue Mixed Use Districts Commercial Fisheries/Maritime Activities Districts need not be included within the Resource Protection District.

Special/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 Atlantic Avenue Mixed Use District Commercial Fisheries/Maritime Activities District.

The Atlantic Avenue Mixed Use District 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, § 170-101.9, and other areas which are suitable for functionally water-dependent uses, taking into consideration such factors as:
Shelter from prevailing winds and waves;
Slope of the land within 250 feet, horizontal distance, of the shoreline;
Depth of the water within 150 feet, horizontal distance, of the shoreline;
Available support facilities, including utilities and transportation facilities; and
Compatibility with adjacent upland uses.

§ 170-101.10 Land use standards.

Minimum Lot Standards

(1)

Residential per dwelling unit

Minimum Lot	Minimum
Area (sq. ft.)	Shore Frontage (ft.)

Within the Shoreland Zone
Adjacent to Tidal Areas	30,000(Note 1)	150
Within the Shoreland Zone
Adjacent to Non-Tidal Areas	40,000	200
Governmental, Institutional, Commercial or Industrial per principal structure
Within the Shoreland Zone Adjacent to Tidal Areas, Exclusive of Those Areas Zoned for Commercial Fisheries and
Maritime Activities	40,000	200

Within the Shoreland Zone Adjacent to Tidal Areas Zoned for Commercial Fisheries and
Maritime Activities	NONE(Note 1)	NONE(Note 1)

Within the Shoreland Zone
Adjacent to Non-tidal Areas	60,000	300

Public and Private Recreational Facilities

Within the Shoreland Zone Adjacent to Tidal and Non-Tidal Areas
40,000	200

NOTE: In a district equivalent to a General Development District that is served by municipal water and sewer systems the Department may approve a municipal shoreland zoning ordinance that provides for greater residential densities than set forth in Section 15(A)(1) above.

Land below the normal high-water line of a water body or upland edge of a wetland and land beneath roads serving more than two (2) lots shall not be included toward calculating minimum lot area.

Lots located on opposite sides of a public or private road shall be considered each a separate tract or parcel of land unless such road was established by the owner of land on both sides thereof after September 22, 1971.

The minimum width of any portion of any lot within one hundred (100) feet, horizontal distance, of the normal high-water line of a water body or upland edge of a wetland shall be equal to or greater than the shore frontage requirement for a lot with the proposed use.

Except as provided for in Note 1, if more than one residential dwelling unit, principal governmental, institutional, commercial or industrial structure or use, or combination thereof, is constructed or established on a single parcel, all dimensional requirements shall be met for each additional dwelling unit, principal structure, or use.

(Note 1 –common wall multi-family residences in the Atlantic Avenue Mixed Use District shall not exceed a density of 7,250 square feet per dwelling unit and shall require a minimum of 2,500 square feet of lot area per dwelling unit. Lots within the Atlantic Avenue Mixed Use District that are in the same ownership 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.

Principal and accessory structures.

All new principal and accessory structures shall be set back at least 100 feet, horizontal distance, from the normal high-water line of great ponds classified GPA and rivers that flow to great ponds classified GPA, and 75 feet, horizontal distance, from the normal high-water line of other water bodies, tributary streams, or the upland edge of a wetland, except that in the Downtown Business I District and in the Commercial Fisheries/Maritime Activities District there shall be no minimum setback. In the Atlantic Avenue Mixed Use District there shall be no minimum setback for marine and water-dependent uses and a 25 foot setback for residential and other non-residential structures. In the Resource Protection District, the setback requirement shall be 250 feet, horizontal distance, except for structures, roads, parking spaces or other regulated objects specifically allowed in that district, in which case the setback requirements specified above shall apply. In addition:

Principal or accessory structures and expansions of existing structures, which are permitted in the Resource Protection, Special Residential District, General Residential District, and Stream Protection District, shall not exceed 30 feet in height. Principal or accessory structures and expansions of existing structures, which are permitted in the Atlantic Avenue Mixed Use District shall not exceed 35 feet in height or 2 ½ stories, whichever is less. This provision shall not apply to structures such as transmission towers, windmills, antennas, and similar structures having no floor area.

(4) The total footprint area of all structures, parking lots and other nonvegetated surfaces, within the Shoreland Zone shall not exceed 20% of the lot or a portion thereof, located within the Shoreland Zone, including land area previously developed, except in the Downtown Business District adjacent to tidal waters and rivers that do not flow to great ponds classified GPA, and in the Atlantic Avenue Mixed Use District Maritime Water Dependent District, where lot coverage shall not exceed 70%.

Piers, docks, wharves, bridges and other structures and uses extending over or below the normal high-water line of a water body or within a wetland.

(8) Except in the business districts and Atlantic Avenue Mixed Use District Commercial Fisheries/Maritime Activities District, structures built on, over or abutting a pier, wharf, dock or other

structure extending beyond the normal high-water line of a water body or within a wetland shall not exceed 20 feet in height above the pier, wharf, dock or other structure.

Parking areas.

Parking areas shall meet the shoreline and tributary stream setback requirements for structures for the district in which such areas are located, except that in the Atlantic Avenue Mixed Use District Maritime Water Dependent District, parking areas shall be set back at least 25 feet, horizontal distance, from the shoreline. The setback requirement for parking areas serving public boat-launching facilities, in districts other than the Downtown Business District and Maritime Water Dependent District, shall be no less than 50 feet, horizontal distance, from the shoreline or tributary stream if the Planning Board finds that no other reasonable alternative exists further from the shoreline or tributary stream.

P. Clearing or removal of vegetation for activities other than timber harvesting.

Cleared openings.

In no event shall cleared openings for any purpose, including but not limited to, principal and accessory structures, driveways, lawns and sewage disposal areas, exceed in the aggregate, 25% of the lot area within the Shoreland Zone or 10,000 square feet, whichever is greater, including land previously cleared. This provision shall not apply to the General Business District or Atlantic Avenue Mixed Use District Maritime Water Dependent District.

§ 170-101.11 Administration

D. Procedure for Administering Permits

(3) After the submission of a complete application to the Planning Board, the Board shall approve an application or approve it with conditions if it makes a positive finding based on the information presented that the proposed use:

(g) Will not adversely affect existing commercial fishing or maritime activities in the Atlantic Avenue Mixed Use District Maritime Water Dependent District;