Alfred City Zoning Code
ARTICLE XVI
Shoreland Limited Residential District
§ 160-86 Purpose.
[Amended 3-28-2009 ATM by Art. 21]
The purpose of the Shoreland Limited Residential District is to discourage additional intensive development in these areas and to protect the water quality and visual beauty of these valuable resources.
§ 160-87 Location.
[Amended 3-28-2009 ATM by Art. 21]
The location and boundaries of the Shoreland Limited Residential District are established as shown on the Official Zoning Map and are a part of this chapter. The intent of this Map is to include in the Shoreland Limited Residential District those land areas not included in the Resource Protection District or Stream Protection District which are:
§ 160-88 Dimensional requirements.
[Amended 3-11-1995 ATM by Art. 18; 3-11-2006 ATM by Art. 24]
Except for legal nonconformities, buildings or land used or occupied, and buildings erected, constructed, reconstructed, moved, or structurally altered, whether requiring a land use permit or not, must comply with the requirements of Articles XVII and XVIII (general and specific performance standards) of this chapter and the following dimensional requirements:
C.
Minimum shore frontage: 200 feet.
D.
Minimum yard dimensions.
(1)
Setback from street right-of-way: 50 feet.
(2)
Side setback: 25 feet.
(3)
Rear setback: 25 feet.
(4)
Setback from normal high-water line of any water body, tributary stream, or freshwater or forested wetland: 100 feet, horizontal distance.
[Amended 3-28-2009 ATM by Art. 21]
Notes: A tributary stream may be perennial or intermittent. Where a tributary stream is present within the Shoreland Limited Residential Zone, setback standards from that tributary stream are applicable. The water body, tributary stream, or wetland setback provisions shall neither apply to structures which require direct access to the water body or wetland as an operational necessity, such as piers, docks and retaining walls, nor to other functionally water-dependent uses. |
(5)
Setback from normal high-water line, for small accessory structures only. On a nonconforming lot of record on which only a residential structure exists, and it is not possible to place an accessory structure meeting the required water body, tributary stream or wetland setbacks, the code enforcement officer may issue a permit to place a single accessory structure, with no utilities, for the storage of yard tools and similar equipment. Such accessory structure shall not exceed 80 square feet in area nor eight feet in height, and shall meet all other applicable standards, including lot coverage and vegetation clearing limitations. In no case shall the structure be located closer to the shoreline or tributary stream than the principal structure.
[Added 3-28-2009 ATM by Art. 21]
E.
Maximum lot coverage: 20%. The total footprint area of all structures, parking lots, driveways and other nonvegetated surfaces, within the Shoreland Limited Residential District shall not exceed 20% of the lot or a portion thereof, located within the Shoreland Limited Residential District, including land area previously developed. Naturally occurring ledge and rock outcroppings are not counted as nonvegetated surfaces when calculating lot coverage for lots of record on March 24, 1990, and in continuous existence since that date.
[Amended 3-28-2009 ATM by Art. 21; 3-26-2016 ATM by Art. 22]
F.
Additional dimensional requirements for structures in the Shoreland Limited Residential District.
[Added 3-28-2009 ATM by Art. 21]
(1)
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 lots shall not be included toward calculating minimum lot area.
(2)
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.
(3)
The minimum width of any portion of any lot within 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.
(4)
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.
(5)
The lowest floor elevation or openings of all buildings and structures, including basements, shall be elevated at least one foot above the elevation of the one-hundred-year flood, the flood of record, or in the absence of these, the flood as defined by soil types identified as recent floodplain soils. Accessory structures may be placed in accordance with the standards of the Floodplain Management Ordinance and need not meet the elevation requirements of this paragraph.
(6)
Notwithstanding the requirements stated above, stairways or similar structures may be allowed with a permit from the Code Enforcement Officer, to provide shoreline access in areas of steep slopes or unstable soils provided: that the structure is limited to a maximum of four feet in width; that the structure does not extend below or over the normal high-water line of a water body or upland edge of a wetland, (unless permitted by the Department of Environmental Protection pursuant to the Natural Resources Protection Act, 38 M.R.S.A. § 480-C); and that the applicant demonstrates that no reasonable access alternative exists on the property.
(7)
Retaining walls that are not necessary for erosion control shall meet the structure setback requirement, except for low retaining walls and associated fill provided all of the following conditions are met:
(a)
The site has been previously altered and an effective vegetated buffer does not exist;
(b)
The wall(s) is(are) at least 25 feet, horizontal distance, from the normal high-water line of a water body, tributary stream, or upland edge of a wetland;
(c)
The site where the retaining wall will be constructed is legally existing lawn or is a site eroding from lack of naturally occurring vegetation, and which cannot be stabilized with vegetative plantings;
(d)
The total height of the wall(s), in the aggregate, are no more than 24 inches:
(e)
Retaining walls are located outside of the one-hundred-year floodplain on rivers, streams, and tributary streams, as designated on the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps or Flood Hazard Boundary Maps, or the flood of record, or in the absence of these, by soil types identified as recent floodplain soils.
(f)
The area behind the wall is revegetated with grass, shrubs, trees, or a combination thereof, and no further structural development will occur within the setback area, including patios and decks; and
(g)
A vegetated buffer area is established within 25 feet, horizontal distance, of the normal high-water line of a water body, tributary stream, or upland edge of a wetland when a natural buffer area does not exist. The buffer area must meet the following characteristics:
(i)
The buffer must include shrubs and other woody and herbaceous vegetation. Where natural ground cover is lacking the area must be supplemented with leaf or bark mulch;
(ii)
Vegetation plantings must be in quantities sufficient to retard erosion and provide for effective infiltration of stormwater runoff;
(iii)
Only native species may be used to establish the buffer area;
(iv)
A minimum buffer width of 15 feet, horizontal distance, is required, measured perpendicularly to the normal high-water line or upland edge of a wetland;
(v)
A footpath not to exceed the standards in the section above, may traverse the buffer;
§ 160-89 Permitted uses.
The permitted uses are those indicated in Article V of this chapter.