Alfred City Zoning Code
ARTICLE I
General Provisions
§ 160-1 Repealer.
[Amended 3-28-2009 ATM by Art. 21]
The Zoning Ordinance contained in the Code of the Town of Alfred as Chapter 160 is hereby replaced by this chapter. The municipal regulation of timber harvesting activities is repealed on the statutory date established under 38 M.R.S.A. § 438-A(5), at which time the State of Maine Department of Conservation's Bureau of Forestry shall administer timber harvesting standards in the Shoreland Zone. On the date established under 38 M.R.S.A § 438-B(5), the following provisions of this ordinance are repealed:
Section 160-32, District regulations, Line 16.2.1 (Forest management operations) and Line 16.2.2 (Timber harvesting); | |
Section 160-143, Timber harvesting within the Shoreland Zone, in its entirety; and | |
Section 160-14, Definitions, the definitions of "forest management activities" and "residual basal area." |
§ 160-2 Statutory authority.
[Amended 3-28-2009 ATM by Art. 21]
This chapter is adopted pursuant to the enabling provisions of Article VIII-A of the Maine Constitution, the provisions of 30-A M.R.S.A. § 3001 (Home Rule), 30-A M.R.S.A. § 4311 et seq., and 38 M.R.S.A. § 435 — 449.
§ 160-3 Title; availability.
[Amended 3-28-2009 ATM by Art. 21]
This chapter is to be known and may be cited as the "Zoning Ordinance of the Town of Alfred, Maine." A certified copy of this ordinance shall be filed with the Municipal Clerk and shall be accessible to any member of the public. Copies shall be made available to the public at reasonable cost at the expense of the person making the request. Notice of availability of this ordinance shall be posted.
§ 160-4 Purposes.
A.
The purposes of this chapter are to:
(1)
Protect the public's health, safety, and general welfare;
(2)
Further the maintenance of safe and healthful conditions and the general welfare within the Town of Alfred;
(3)
Prevent and control water pollution;
(4)
Protect fish spawning grounds, aquatic life, bird and other wildlife habitat;
[Amended 3-28-2009 ATM by Art. 21]
(5)
Protect buildings and lands from flooding and accelerated erosion;
[Amended 3-28-2009 ATM by Art. 21]
(6)
Protect archaeological and historic resources;
(7)
Protect freshwater wetlands;
[Amended 3-28-2009 ATM by Art. 21]
(8)
Control building sites, placement of structures, and land uses;
(9)
Conserve shore cover, and visual as well as actual points of access to inland waters and to conserve natural beauty, and open space;
[Amended 3-28-2009 ATM by Art. 21]
(10)
Anticipate and respond to the impacts of development;
[Amended 3-28-2009 ATM by Art. 21]
(11)
Implement a municipal policy concerning the provision of wireless telecommunications services, and the siting of their facilities;
[Added 3-17-2001 ATM by Art. 22]
(12)
Establish clear guidelines standards and time frames for the exercise of municipal authority to regulate wireless telecommunications facilities;
[Added 3-17-2001 ATM by Art. 22]
(13)
Allow competition in telecommunications service;
[Added 3-17-2001 ATM by Art. 22]
(14)
Encourage the provision of advanced telecommunications services to the largest number of businesses, institutions and residents of Alfred;
[Added 3-17-2001 ATM by Art. 22]
(15)
Ensure that all telecommunications carriers providing facilities or services within Alfred comply with the ordinances of Alfred;
[Added 3-17-2001 ATM by Art. 22]
(16)
Ensure that Alfred can continue to fairly and responsibly protect the public health, safety and welfare;
[Added 3-17-2001 ATM by Art. 22]
(17)
Encourage the siting of wireless telecommunications facilities to collocate, thus helping to minimize adverse visual impacts on the community;
[Added 3-17-2001 ATM by Art. 22]
(18)
Enable Alfred to discharge its public trust consistent with rapidly evolving federal and state regulatory policies, industry competition and technological development;
[Added 3-17-2001 ATM by Art. 22]
(19)
Further the goals and policies of the Comprehensive Plan, while promoting orderly development of the Town with minimal impacts on existing residential uses; and
[Added 3-17-2001 ATM by Art. 22]
(20)
Protect the scenic and visual character of the community, as identified in its Comprehensive Plan or other municipally adopted land use plan; to the nearest extent possible.
[Added 3-17-2001 ATM by Art. 22; amended 3-9-2007 ATM by Art. 25]
B.
This chapter does not authorize any person to trespass, infringe upon or injure the property of another; it does not excuse any person from the necessity of complying with other applicable laws and regulations.
§ 160-5 Conformance required.
[Amended 3-28-2009 ATM by Art. 21]
Except as hereinafter specified, no building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, expanded, moved, or altered and no new lot shall be created except in conformity with all of the regulations herein specified for the district in which it is located, unless a variance is granted, pursuant to § 160-160.
§ 160-6 General requirements applicable in all districts.
The following general requirements apply in all districts:
B.
No part of the yard or other open space required on any lot for any building may be included as part of the yard or open space required for another building or lot.
C.
No principal or accessory building shall exceed 35 feet in height. Features of buildings and structures with no floor area, such as chimneys, towers, solar energy systems, ventilators, and spires, may exceed 35 feet in height, but must be set back from the nearest lot line a distance equal to at least the height of such feature or structure.
[Amended 3-28-2009 ATM by Art. 21]
D.
All new building lots must be laid out so that at least 20,000 square feet of the land area has a ground slope not exceeding 15% and has soils where the seasonal high-water table is more than 15 inches below the surface.
E.
Where a residential structure is legally in existence on the date of adoption of this chapter, no new lot containing such structure may be created which does not meet the minimum lot size requirements in that district.
F.
For the purposes of zoning, all municipal boundaries shall be considered lot line.
[Added 5-11-1998 STM by Art. 3]
§ 160-7 Rules of construction.
Captions and headings within this chapter are an integral part of the chapter and are intended to be utilized in determining the meaning and applicability of the sections they identify.
§ 160-8 Conflict with other provisions.
[Amended 3-28-2009 ATM by Art. 21]
Whenever a provision of this chapter conflicts with or is inconsistent with another provision of this chapter or of any other chapter, regulation, or statute administered by the Town, the provision imposing the greater restriction upon the use of land, buildings, or structures shall control.
§ 160-9 Severability.
[Amended 3-28-2009 ATM by Art. 21]
Should any section or part of a section or any provision of this chapter be declared by the courts to be unconstitutional or invalid, such declaration shall not invalidate the chapter as a whole or any part thereof other than the part so declared to be unconstitutional or invalid.
§ 160-10 Amendment, repeal or replacement.
A.
A proposal to amend, repeal, or replace this chapter may only be initiated by:
(1)
The Planning Board, by majority vote of the Board;
(2)
The Board of Selectmen, through a request to the Planning Board;
(3)
An individual, through a request to the Planning Board, who then may initiate only by a majority vote; or
(4)
A written petition of a number of voters equal to at least 10% of the vote cast in the last gubernatorial election.
B.
Procedure.
(1)
Any proposal to amend, repeal, or replace this chapter must be made to the Planning Board in writing, stating the specific changes requested. When a change in zoning boundaries is proposed, the application must state the nature, extent, and location of the boundary change proposal, and the proposal must be accompanied by a scale drawing showing the areas to be changed, with dimensions.
(2)
Within 35 days of receiving the request, the Planning Board must hold a public hearing on the proposal, and unless the proposal has been submitted by the Board of Selectmen or by a petition, the Planning Board must vote whether to forward the amendment to the Selectmen for inclusion on the next regular or special Town Meeting warrant. The Planning Board must make a written recommendation regarding passage to the Board of Selectmen and the Town Meeting prior to any action on the request by the Board of Selectmen.
(3)
Notice of the hearing must be posted in the Town Hall at least 14 days before the hearing.
(4)
Notice of the hearing must also be advertised at least two times in a newspaper that complies with 1 M.R.S.A. § 601 and that has a general circulation in Alfred. The date of the first advertising must be at least 14 days before the hearing and the date of the second publication must be at least seven days before the hearing. The notice must be in plain English, understandable to the average citizen.
(5)
The notice must contain the time, date, and place of hearing, and sufficient detail about the proposed changes as to give adequate notice of their content. If the proposed changes are extensive, a brief summary of the changes, together with an indication that a full text is available at the Town Clerk's office, is adequate notice. If the proposal includes a change in zoning district boundaries, a map of the change must be included in the notice.
(6)
If a proposed amendment constitutes a change in zoning district boundaries or other amendment which would permit commercial, industrial, or retail uses where previously prohibited, or prohibits all such uses where previously permitted, notice of the hearing must also be mailed to the owners of all property that is within or abutting an area affected by the proposed amendment. The Planning Board must maintain a list of the names and addresses of the persons to whom notice was sent.
[Amended 3-28-2009 ATM by Art. 20]
C.
Adoption. A request to amend, repeal, or replace this chapter may be adopted only by:
§ 160-11 Repetitive petitions.
No proposal to amend, repeal, or replace this chapter which has been unfavorably acted upon by any Town Meeting may be considered by any Town Meeting within two years after the date of such unfavorable action unless the adoption of the proposal is recommended by unanimous vote of the Planning Board.
§ 160-12 Effective date.
A.
Other than changes which affect the Shoreland Zone, an adoption, amendment, repeal, or replacement of this chapter takes effect and is in force from the date of its passage by Town Meeting.
B.
A certified copy of any ordinance amendments which affect the Shoreland Zone, attested and signed by the Town Clerk, shall be forwarded to the Commissioner of the Department of Environmental Protection (DEP) following adoption by the Town Meeting, and shall not be effective unless approved by the Commissioner. If the Commissioner fails to act on any change within 45 days of his/her receipt of the change, it shall be 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 change, if such change is approved by the Commissioner.
[Amended 3-28-2009 ATM by Art. 21]