Bar Harbor City Zoning Code
ARTICLE II
Establishment of Districts
§ 125-11 Policy statements for establishing districts.
It is the policy of the Town of Bar Harbor to guide public and private land use decisions in accordance with state law and the wishes of the citizens of Bar Harbor as set forth in the Bar Harbor Comprehensive Plan, to preserve, enhance and protect the character of the Town, the social way of life desired for the next 20 years and the cultural, historic and natural resources of Bar Harbor. To implement this policy, the Town of Bar Harbor is hereby divided into districts of such number and character as are necessary to achieve compatibility of uses within each district. Each district is intended to preserve the character of existing neighborhoods and developments under construction at the time of the adoption of this chapter in order to prevent these neighborhoods from becoming nonconforming under the terms of this chapter. It is also intended to provide for limited development of existing neighborhoods consistent with their zoning and character at the time of enactment of this chapter. Such neighborhoods are relatively uniform in character and stable. The regulations permit future development consistent with the existing character. Areas identified as having a stable and fixed character will be allowed to continue to exist and develop under the general regulations governing their design and construction or the actual plot plans previously approved. The general classifications of districts shall be as follows:
A.
Residential district. The residential district is intended to provide an area that restricts intensive uses so that residents may enjoy a measure of quietness and privacy in their homes.
B.
Corridor district. The corridor district is intended to provide landscaped transportation linkages between neighborhood districts and to accommodate part of the future growth in the commercial/business sector. This district provides regulations which permit development of a generally suburban character. It provides for moderate-density residential development and for highway-oriented commercial, institutional and light industrial uses. Excluded from this district are uses of higher density or intensity, or major industrial activities.
C.
Business district. The business district is intended to serve as the community focal point for cultural, business and service activities. In general, the district provides for uses of regional importance. This district is intended to be an area of high-intensity use on which a full range of public facilities, including water, sewer, schools, police and fire protection, will be focused. The standards and high densities prescribed for this district are designed to optimize utilization of in-place facilities and thus to reduce the fiscal burden of new infrastructure construction on all citizens of Bar Harbor.
D.
Shoreland general development district.
[Amended 11-5-1991; 5-4-1992]
(1)
The purpose of the shoreland general development district is to promote and encourage the maintenance of the established commercial activities which have traditionally been associated with the Bar Harbor and Hulls Cove waterfronts. These districts are designed to accommodate a variety of tourist-oriented and waterfront recreational opportunities in close proximity to the downtown and Hulls Cove areas.
(2)
The shoreland general development district includes the following types of areas:
(a)
Areas of two or more contiguous acres devoted to commercial, industrial or intensive recreational activities, or a mix of such activities, including but not limited to the following:
[1]
Areas devoted to manufacturing, fabricating or other industrial activities;
[2]
Areas devoted to wholesaling, warehousing, retail trade and service activities, or other commercial activities;
[3]
Areas devoted to intensive recreational development and activities, such as, but not limited to, amusement parks, racetracks and fairgrounds.
(b)
Areas otherwise discernible as having patterns of intensive commercial, industrial or recreational uses.
(3)
Portions of the shoreland general development district may also include residential development. However, no area shall be designated as a shoreland general development district based solely on residential use.
(4)
In areas adjacent to great ponds classified GPA and adjacent to rivers flowing to great ponds classified GPA, the designation of an area as a shoreland general development district shall be based upon uses existing at the time of the adoption of this chapter. There shall be no newly established shoreland general development districts or expansions in area of existing shoreland general development districts adjacent to great ponds classified GPA or adjacent to rivers which flow into ponds classified GPA.
E.
Historic and historic corridor districts. The purpose of the historic and historic corridor districts is to promote, encourage and assist the educational, cultural, economic and general welfare and amenity of Bar Harbor through the preservation and protection of historic sites, buildings, corridors and neighborhoods through their maintenance as landmarks in the history and architecture of Bar Harbor, and through the protection and development of appropriate settings for such buildings, places and neighborhoods.
F.
Industrial district. The purpose of the industrial district is to provide land which is conveniently located with respect to transportation corridors and where municipal services are available and other conditions are favorable to the development of industry, and which at the same time is so located as to prevent undesirable conflict with residential and other types of business uses. Processing, manufacturing, warehousing and other industrial uses which are not injurious or noxious by reason of noise, smoke, vibration, gas, fumes, odor, dust, fire or explosion hazard are typical permitted uses with site plan approval, but not residential uses.
G.
Resource protection district. The purpose of the resource protection district is to preserve wetlands, stream corridors and areas subject to flooding, and other areas in which development would adversely impact water quality, productive habitat, biological ecosystems, or scenic or natural values, and to provide a minimum setback from these significant natural areas. 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 shoreland general development district need not be included within the resource protection district:
[Amended 11-5-1991]
(1)
Areas within 250 feet, horizontal distance, of the upland edge of freshwater wetlands, salt marshes and salt meadows, and wetlands associated with great ponds and rivers, which are rated "moderate" or "high" value waterfowl and wading bird habitats, including nesting and feeding areas, by the Maine Department of Inland Fisheries and Wildlife that are depicted on a geographic information system (GIS) data layer maintained by either the Maine Department of Inland Fisheries and Wildlife or the Department as of May 1, 2006. For the purposes of this subsection, "wetlands associated with great ponds and rivers" shall mean areas characterized by nonforested wetland vegetation and hydric soils that are contiguous with a great pond or river and have surface elevation at or below the water level of the great pond or river during the period of normal high water. Wetlands associated with great ponds or rivers are considered to be part of that great pond or river.
[Amended 11-4-2008]
(2)
Floodplains along rivers and floodplains along artificially formed great ponds along rivers, defined by the one-hundred-year floodplain 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. This district shall also include one-hundred-year floodplains adjacent to tidal waters as shown on FEMA's Flood Insurance Rate Maps or Flood Hazard Boundary Maps.
(3)
Areas of two or more contiguous acres with sustained slopes of 20% or greater.
(4)
Areas of two or more contiguous acres supporting wetland vegetation and hydric soils, which are not part of a freshwater or coastal wetland as defined, and which are not surficially connected to a water body during the period of normal high water. (Inasmuch as these types of areas are not adequately mapped by any federal, state or local agency, it may not be possible to identify them prior to the detailed evaluation of a specific site.)
[Amended 11-4-2008]
(5)
Land areas along rivers subject to severe bank erosion, undercutting, or river bed movement, and lands adjacent to tidal waters which are subject to severe erosion or mass movement, such as steep coastal bluffs.
H.
Rural district. The rural district is intended to preserve areas which are presently rural or agricultural in character and use. This district is designed to accommodate a variety of residential development opportunities for those who desire low-density living and are willing to live in more remote locations and to assume the costs of providing many of their own services and amenities.
I.
Shoreland limited residential district. The shoreland limited residential district includes those areas suitable for residential and recreational development. It includes areas other than those in the resource protection or stream protection districts and areas which are used less intensively than those in the shoreland general development district.
[Amended 11-5-1991]
J.
District for scientific research and eleemosynary purposes. The purpose of this district is to promote and encourage the continuation of scientific research and development activities on land owned by eleemosynary and charitable entities and/or used solely for nonprofit purposes, or, if used for profit purposes, then said profits are in turn devoted to eleemosynary and charitable purposes. This district provides for a diversity of uses associated with comprehensive scientific and educational institutions and/or activities.
K.
Stream protection district. The stream protection district includes all land areas within 75 feet, horizontal distance, of the normal high water line of a stream, exclusive of those areas within 250 feet, horizontal distance, of the normal high water line of a great pond or river or within 250 feet, horizontal distance, or the upland edge of a freshwater or coastal wetland. Where a stream and its associated shoreland area are located within 250 feet, horizontal distance, of the above water bodies or wetlands, that land area shall be regulated under the terms of the shoreland district associated with that water body or wetland.
[Added 11-5-1991; amended 11-4-2008]
§ 125-12 Neighborhood districts.
[Amended 11-5-1991; 5-1-1995; 11-4-2003; 5-3-2004; 6-8-2010; 11-2-2010; 11-8-2011]
For the purposes of this chapter, all land and water areas in the Town of Bar Harbor are hereby divided into the following districts:
Bar Harbor Gateway District |
Downtown Village I |
Downtown Village II |
Downtown Residential |
Educational Institution |
Emery |
Hulls Cove Business |
Hulls Cove Residential Corridor |
Hulls Cove Rural |
Indian Point Residential |
Indian Point Rural |
Industrial |
Ireson Hill Corridor |
Ireson Hill Residential |
Marine Research |
McFarland Hill Residential |
McFarland Hill Rural |
Mount Desert Street Corridor District |
Otter Creek |
Resource Protection |
Salisbury Cove Corridor |
Salisbury Cove Residential |
Salisbury Cove Rural |
Salisbury Cove Village |
Schooner Head |
Scientific Research for Eleemosynary Purposes |
Shoreland General Development I |
Shoreland General Development II |
Shoreland General Development III |
Shoreland General Development IV |
Shoreland Limited Residential |
Stream Protection |
Town Hill Business |
Town Hill Residential Corridor |
Town Hill Residential |
Town Hill Rural |
Village Historic |
Village Residential |
Village Transitional |
§ 125-13 Official Neighborhood Districts Map.
Neighborhood districts established by this chapter are bounded and defined as shown on the Official Neighborhood Districts Map of Bar Harbor, which, together with all explanatory materials contained thereon, is hereby made a part of this chapter. The official map shall be signed by the Town Clerk and Chairman of the Planning Board at the time of adoption or amendment of this chapter, certifying the date of such adoption or amendment, and shall be filed in the office of the Town Clerk.
§ 125-14 Interpretation of district boundaries.
Where uncertainty exists as to boundary lines of districts as shown on the Official Neighborhood Districts Map of Bar Harbor the following rules shall apply:
A.
Boundaries indicated as approximately following the center lines of streets, highways, public utilities or rights-of-way shall be construed as following such center lines.
B.
Boundaries indicated as approximately following established lot lines or Town boundaries shall be construed as following such lines.
C.
Boundaries indicated as approximately following shorelines of any water body or wetland shall be construed as following the normal high-water line or upland edge of a wetland.
[Amended 11-3-2009; 6-8-2010]
D.
[1]Boundaries indicated as being parallel to or extensions of features listed above shall be so construed.
[1]
Editor's Note: Former Subsection D, which provided for interpretation of boundaries indicated as approximately following the center lines of continuously flowing watercourses, was repealed 6-8-2010. Said ordinance also redesignated former Subsections E through G as Subsections D through F, respectively.
E.
Distances not specifically indicated on the official map shall be determined by the scale of the map.
F.
Where physical or natural features existing on the ground are at variance with those shown on the official map, or in other circumstances where uncertainty exists with respect to the location of a boundary, the Board of Appeals shall interpret the district boundaries; provided, however, that in all cases the determination of any shoreline setback shall be determined by actual site measurement.
[Amended 11-5-1991; 11-3-2009]
§ 125-15 Division of lots by district boundaries.
When a lot is transected by a district boundary, the regulations set forth in this chapter applying to the larger part by area of such lot may also be deemed to govern in the smaller part beyond such district boundary, but only to an extent of not more than 50 linear feet in depth beyond said district boundary, except that no such encroachment shall be permitted into a shoreland district or a resource protection district.