Boothbay Harbor City Zoning Code

ARTICLE III

Zoning Districts

§ 170-21 Districts established.

[Amended 5-3-2019 by ATM Art. 3]

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

Limited Commercial/Maritime District

Working Waterfront District

General Business District

Resource Protection District

Shoreland District/Stream Protection Overlay District

§ 170-22 Zoning Map.

[Amended 5-3-2019 by ATM Art. 3]

The location and boundaries of the above districts are hereby established as shown on the map entitled "Zoning Map," Town of Boothbay Harbor, dated May 4, 2019, filed with the Town Clerk, which map is hereby made part of this Land Use Code.[1] Where uncertainty exists with respect to district boundaries as shown upon such map the following rules shall apply:

Unless otherwise indicated, district boundary lines are the center line of roads, streets or rights-of-way. The boundary line for the Shoreland or Stream Protection Districts shall be as stated with all measurements being horizontal.

Where discrepancies exist between a map or guide and written descriptions of each district, the written description shall prevail.

Where discrepancies exist between physical features existing on the ground and the Official Map and/or written description, the Board of Appeals shall interpret the district boundaries.

[1]

Editor's Note: The Zoning Map is included as an attachment to this chapter.

§ 170-23 Uncertainty of boundary locations.

Where, due to the scale, lack of detail or illegibility of the Zoning Map of the Town of Boothbay Harbor, there is any uncertainty, contradiction or conflict as to the intended location of any district boundary line as shown thereon, the Code Enforcement Officer shall make an interpretation of said map upon request of any person. Any party aggrieved by any such interpretation, may take an administrative appeal to the Board of Appeals, pursuant to Article X of this Land Use Code. The Code Enforcement Officer and the Board of Appeals, in interpreting the Zoning Map or deciding such appeal, shall apply the following standards:

District boundary lines are intended to follow lot lines, or be parallel or perpendicular thereto, or to follow along the center lines of streets, highways, roads, alleys, railroad lines or watercourses, unless such boundary lines are fixed by dimensions shown on the Zoning Map.

Where district boundary lines are so indicated that they approximately follow lot lines, such lot lines shall be construed to be such boundary lines.

Where a district boundary line divides a lot, the location of any such boundary line, unless indicated by dimensions shown on the Zoning Map or in the written text, shall be determined by the use of the map scale shown thereon.

Boundaries indicated as approximately following Town limits shall be construed as following Town limits.

Boundaries indicated as following shorelines shall be construed as following such shorelines and, in the event of a natural change in the shoreline, shall be construed as moving with the actual shoreline.

If, after the application of the foregoing standards, uncertainty still exists as to the exact location of a district boundary line, the boundary line shall be determined by consideration of the history of the uses of the property, the history of zoning ordinances/codes of the Town of Boothbay Harbor and all other relevant data.

§ 170-24 Lots divided by district boundaries.

Where a district boundary line divides a lot or parcel of land of the same ownership of record at the time such line is established by adoption or amendment of this Land Use Code, the regulations applicable to the less restricted portion of the lot may be extended not more than 30 feet into the more restricted portion of the lot, provided that the lot has frontage in the less restricted district. All land within the Shoreland District, however, shall comply with the provisions of the Shoreland Zoning Ordinance of the Town of Boothbay Harbor.[1]

[1]

Editor's Note: See Art. VIII of this chapter.

§ 170-25 Purpose of districts.

General Residential District. The purpose of the General Residential District is to continue to provide suitable areas within the community for the development of the majority of the new dwelling units over the next 10 years. Historically, these areas have accommodated single- and multifamily residential uses. The intention of this land use district is to continue in this fashion, provided that new dwelling units are compatible with the surrounding land uses and natural resources. Some low-intensity commercial activity, compatible with residential uses, will be permitted within this district, such as bed-and-breakfast uses, neighborhood stores, home occupations, schools, day care and greenhouses.

Special Residential District. The purpose of the Special Residential District is to preserve the physical, aesthetic and social qualities of these areas and to protect, encourage and restore the unhurried, quiet residential neighborhoods, which the areas now enjoy and to allow public buildings, facilities and marine uses such as in the McKown Point subdistrict. Special emphasis will be placed on a strict site plan review process that ensures that new development activity can satisfactorily meet strict septic design requirements, demonstrate suitable domestic water supply is available, soils are suitable for septic systems and that natural resources and scenic values are not compromised and neighbors are not adversely affected.

Downtown Business District. The purpose of the Downtown Business District is to provide general retail sales, services, public utilities and business space within the Town of Boothbay Harbor in locations capable of conveniently servicing community-wide and regional trade areas and oriented to pedestrian and automobile access, and to preserve village character.

Working Waterfront District. The purpose of the Working Waterfront 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.

[Amended 5-3-2019 by ATM Art. 3]

Limited Commercial/Maritime District. The purpose of the Limited Commercial/Maritime 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, marinas and similar marine activities; to allow development of new, compatible non-maritime uses, such as hotels, restaurants, and similar uses, and the creation of new opportunities for public waterfront access and conservation of existing public physical and visual access to coastal waters.

[Added 5-3-2019 by ATM Art. 3[1]]

[1]

Editor's Note: This article also redesignated former Subsections E, F and G as Subsections F, G and H, respectively.

General Business District. The purpose of the General Business District is to continue to accommodate compatible commercial, industrial, institutional and residential development likely to occur along and in proximity to similar historical development east and west of Route 27. Traditionally, these areas have served as one of the primary business areas in Boothbay Harbor. The intention of this designation is to continue to permit a mix of compatible uses within these areas.

Resource Protection District. The Resource Protection District refers to the critical natural resource areas in the Town which, based upon their resource value, should remain essentially undisturbed. The purpose of this land use classification is to preserve fragile and significant environmental areas from intrusions which adversely affect these systems or create threats to public health and safety.

Shoreland District/Stream Protection Overlay District. The purpose of this overlay is to provide greater protection to resources located within these areas from development activity, that may not be afforded by the requirements and standards of the underlying land use districts. All development activity within the Shoreland and Stream Protection District overlay area will be developed consistent with the state's Shoreland Zoning Act requirements through the town's revised Land Use Code.

§ 170-26 Description of districts.

General Residential District. The General Residential District is described as all of the land in Boothbay Harbor, excluding land in the Business Districts, Special Residential Districts, Resource Protection Districts and Maritime/Water Dependent Districts.

Special Residential District.

(1)

McKown and Juniper Points: The area included in this district shall include all lands on McKown and Juniper Points, south and east of the Old Ferry Road (also called "Carrying Place Cove" and "the Landing Road") and the property line between Lots 13 and 14 of Map 8 of the 1997 Boothbay Harbor Tax Maps. The McKown and Juniper Points Subdistrict shall include all publicly owned land on McKown and Juniper Points made up of lots numbered 8, 9, 19 and 31 on Map 9 of the 1997 Tax Maps of Boothbay Harbor.

(2)

West Harbor: All of the area included within the following perimeter: Beginning at the Southport Bridge, thence running easterly along the shore of Townsend Gut to a point 200 feet east of the center line of Route 27, thence following a course parallel to the center line of Route 27 and 200 feet south and east of Route 27 to the West Harbor Pond Causeway, thence in a northerly direction along the west shore of West Harbor Pond to the property line between Lots 14 and 10 (map 25), thence in a westerly direction along said property line to a point 200 feet east of the center line of Lakeside Drive, thence in a northerly direction parallel to the center line of Lakeside Drive and 200 feet east of said center line to a point which is 200 feet north of the intersection of Samoset Road and Lakeside Drive, thence in a westerly and northerly direction 200 feet east and north of the center line of Samoset Road to its intersection with the Boothbay Harbor Town Line, thence in a westerly direction along the Town line to the waters of Sheepscot Bay, thence in a southerly direction along the shores of Sheepscot Bay and Townsend Gut back to the Southport Bridge and to the point of beginning.

(3)

Spruce Point: All the area described/shown on Boothbay Harbor Tax Maps Nos. 1, 2, 3 and Lot No. 33 of Map No. 6.

(4)

Sprucewold: All land of Spruce Point (a) east from Crest Avenue to Linekin Bay from a point 210 feet south on Lobster Cove Road to a point 900 feet south of the intersection of Crest Avenue and Blow Horn Road; (b) west from Crest Avenue a minimum of 450 feet from a point 170 feet South of Lobster Cove Road to and including all of the lands registered as Sprucewold, Inc., including the property of the lands registered as Sprucewold Estates, Inc., which lands abut Crest Avenue and/or Sunset Road or lie between them, and the area of land within 250 feet of both sides of Harbor Heights road and Summit Road between Park Street and Lobster Cove Road.

(5)

Appalachee: All the area beginning on Tax Map No. 21, at the intersection of Wall Point Road and Appalachee Road, going in an easterly direction along the southern property line of Lot No. 74A and Lot No. 74, thence south along the western lot lines of Lots No. 72 and No. 73, thence east along the southern property line of Lot No. 73 to the waters of Linekin Bay. Then northerly along the waters of Linekin Bay onto the area of Tax Map No. 24, continuing north to the northeast corner of (property line) of Lot No. 2A. Then west along the property line of Lot No. 2A and Lot No. 2 to the center line of Lishman Road. Then south along the center line of Lishman Road crossing back onto Tax Map No. 21 (Appalachee Road) and the northern tip of Lot No. 55, continuing in a southerly direction along the western property line of Lot No. 55 to Appalachee Pond and lot 1 of Tax Map No. 24 and on Map No. 21, thence continuing in a southerly direction along the eastern property line of Lot No. 1 Map No. 24 (on Map No. 21), Appalachee Pond and the eastern property line of Lot No. 39G, Map No. 21 and the intersection of the northeastern corner of Lot No. 41. Thence west along the northern property line of Lot No. 41 to the center line of Appalachee Road. Then southeast following the center line of Appalachee Road (also referred to as Carter Road) to the intersection of the western property line of Lot No. 1 on Map No. 21 continuing south and east along the property lines of Lot No. 1 again intersecting with the center line of Appalachee Road, thence south along the center line of Appalachee Road to the intersection of Wall Point Road and the beginning.

Downtown Business District. The Downtown Business District shall consist of three sections and includes all of the area within the following boundaries:

(1)

Section A: Shall be as an overlay of Section B, beginning at a point at the intersection of McKown Street, Todd Avenue and Howard Street, then south along the Boothbay Harbor Tax Map No. 15, and continuing in a southerly direction along said lot line to the westerly property line of the rights-of-way known as Greenleaf Lane, continuing south along said property line and south along the westerly property line of Lot No. 63, crossing Commercial Street, continuing along the westerly property line of Lot No. 17 to the waters of Boothbay Harbor; thence in an easterly direction along the waters of the harbor to the intersection of the easterly property line of Lot No. 83 of Tax Map No. 20; thence in a northwesterly direction along the northern property lines of Lots No. 83 and No. 82, crossing Townsend Avenue, continuing along the northern property lines of lots described as Map No. 19, Lot Nos. 148, 147, 146 and 145 to the center line of Oak Street; then south along the center line of Oak Street to its intersection with Howard Street, then in a westerly direction along the center line of Howard Street back to its point of beginning

[Amended 5-6-2023 ATM by Art. 20]

(2)

Section B: Beginning on the south side of Union Street at the southerly corner of property line of Boothbay Harbor Tax Map No. 20 Lot No. 68; thence in an easterly direction along the southerly property line of said lot to the center line of Union Street; thence in a north and northwesterly direction along the center line of Union Street to its intersection of Oak Street; thence in a southwesterly direction along the center line of Oak Street to its intersection of Howard Street; thence in a westerly direction along the center line of Howard Street to its intersection with Sea Street and continuing along the center line of Sea Street and along the northern property line of Lot No. 47 of Map No. 15 and to the waters of Mill Cove; thence west and south along the waters of Mill Cove to the intersection with the northern property line of Lot No. 36; thence easterly along the northern property line of said lot and continuing along the northern property line of the rights-of-way around Lot Nos. 39, 38, 37, 40, 41; thence in a southerly direction along the eastern property lines of Lot Nos. 37 and 42, to the center line of Commercial Street; thence in an easterly direction along the center line of Commercial Street to the intersection with the western property line of Lot No. 23, following said property line in a southerly direction to the waters of the harbor; thence westerly, south and northeast along the water to its point of beginning. This shall also include the structure known as the "Footbridge" and the "Footbridge House."

(3)

Section C: Shall be the two areas added to the Downtown Business District in March of 1991:

(a)

The northeasterly section shall be all the area enclosed by the following description: Beginning at the center line of the intersection of Union Street and Gilead Street; thence northerly along the center line of Gilead Street to the intersection of the northern property line of Lot No. 128 of Boothbay Harbor Tax Map No. 20; thence northwest along the northern property line of Lot No. 128 to the intersection with the eastern property line of Lot No. 126; thence in a northeast direction along the eastern property line of said lot to its intersection with the northern property line of Lot No. 126 and continuing northwest, crossing Pear Street to the northern property line of Lot No. 120; thence continuing along the northern property line of Lot No. 120 to its intersection with Lot No. 118 easterly property line; thence north along said easterly property line to the northern property line of Lot No. 117; thence west along the northern property line of Lot No. 117 to the center line of Townsend Avenue; thence in a northerly direction along the center line of Townsend Avenue to its intersection with the center line of Oak Street; thence in a southwesterly direction along the center line of Oak Street to its intersection with Union Street; thence in a southeasterly direction along the center line of Union Street to its beginning.

(b)

The second section of C, known as the southern section, shall be as follows: Beginning at the center line of Oak Street and the northerly property line of Lot No. 8 of Boothbay Harbor Tax Map No. 19; thence in a west, northwesterly direction along said property line to its intersection with the eastern property line of Lot No. 14; thence in a southerly direction along the western property line of Lot No. 8 to its intersection with the northerly properly line of Lot No. 3; thence in a northwesterly direction along the northern property line of Lot No. 3 and Lot No. 18 to the center line of Howard Street; thence in a south, southeasterly direction along the center line of Howard Street to its intersection with Oak Street; thence in a northerly direction along the center line of Oak Street to its beginning.

The Limited Commercial/Maritime Districts.

[Amended 5-6-2002 by ATM Art. 20; 5-3-2019 by ATM Art. 3]

(1)

The Limited Commercial/Maritime 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, dated April 1, 2013; thence along said property line to the water; thence generally northerly direction along the water's edge to the point of beginning.

(2)

Exemption: Lots 19, 20, 21, 22, 22A, and 23 on the Town's Tax Map 16, dated April 1, 2013, are not included in the Limited Commercial/Maritime District.

The Working Waterfront District. The Working Waterfront District shall be comprised of Lots 19, 20, 21, 22, 22A and 23 on the Town's Tax Map 16, dated April 1, 2013.

[Added 5-3-2019 by ATM Art. 3[1]]

[1]

Editor's Note: This article also redesignated former Subsections E, F and G as Subsections F, G and H, respectively.

General Business District. The General Business District shall be described as all of the area included within the following perimeter: Beginning at the northeast corner of Lot No. No. 27, Map No. 22, of the Boothbay Harbor Tax Maps and proceeding in a westerly direction along the northern boundary of said Lot No. 27; thence in a straight line across to the northeast corner of Lot No. 26 of Map No. 22; thence south along the east line of Lot No. 26 to the center line of Eastern Avenue; thence westerly along the center line of Eastern Avenue to the intersection of Townsend Avenue (Route 27); then south along the center line of Townsend Avenue to the southern property line of Lot No. 11; thence in a westerly direction along the southern boundary line of Lot No. 11 to the southwest corner thereof; thence northerly along the west property line to the northeast corner of Lot No. 37B, Tax Map No. 26; thence in a westerly direction to a point 1,000 feet from the center line of Townsend Avenue; thence proceeding in a straight line in a generally northerly direction to the intersection of Lakeside Drive and Middle Road; thence northerly along the center line of Lakeside Drive until it intersects with the Boothbay Town Line; thence in a generally easterly direction along said Boothbay Town Line crossing Townsend Avenue (Route 27) and continuing along said line until it intersects with the northeast property line of Lot No. 6, Tax Map 31; thence in a southerly direction along the eastern property line of said lot to the center line of Route 96; thence in a southwesterly direction along the center line of Route 96 to a point 100+/- feet west of the intersection of Route 96 and Montgomery Road on Tax Map No. 22 and in line with the west property line of Lot No. 34; thence in a southerly direction following the west property lines of Lot Nos. 34, 33, 32, 31, 30, 29 and 28 to the point of beginning.

Resource Protection District. The Resource Protection District includes areas in which development would adversely affect water quality, productive habitat, areas of significant wildlife habitat, biological ecosystems or scenic and natural values. This district shall include but not be limited to the following areas, 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 or Commercial Fisheries/Maritime Activities Districts need not be designated for resource protection.

(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, rivers and streams which are rated moderate or high value by the Maine Department of Inland Fisheries and Wildlife (MDIF&W) as of January 1, 1973.

(2)

Floodplains 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 V zones 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 normal spring high water.

(5)

Land areas along rivers subject to severe bank erosion, undercutting or river bed movement and lands adjacent to tidal waters, such as step coastal bluffs which are subject to severe erosion or mass movement.

(6)

This district may also include the following other areas which have been recommended for protection in the Comprehensive Plan of the municipality:

(a)

Other important wildlife habitat.

(b)

Natural sites of significant scenic or aesthetic value.

(c)

Areas designated by federal, state or municipal governments as natural areas of significance to be protected from development.

(d)

Other significant areas which are included in this district to fulfill the purposes of this chapter:

Indian Town Island.

Spectacle Island.

Powderhorn Island.

Ram Island.

Shoreland Zoning and Stream Protection District (see Article VIII). This District applies to all land areas within 250 feet, horizontal distance, of the high-water line of any great ponds, river or saltwater body; within 250 feet, horizontal distance, of the upland edge of a coastal or freshwater wetland; and within 25 feet, horizontal distance, of the high-water line of a stream and all other wetlands. This District also applies to any structure built on, in or over the water or wetland or on, over or abutting a dock, wharf or pier, float or other structure extending beyond the high-water line of a water body or within a wetland within the limits of Boothbay Harbor.

[Amended 5-1-2006 by ATM Art. 82]

§ 170-27 Schedule of uses.

[Amended 5-1-2000 by ATM Art. 40; 5-3-2019 by ATM Art. 3; 5-1-2000 by ATM Art. 41; 5-5-2003 by ATM Art. 20; 5-3-2004 by ATM Art. 73; 5-1-2006 by ATM Art. 83; 5-3-2008 by ATM Art. 80; 5-8-2010 by ATM Art. 68; 5-6-2011 by ATM Art. 26; 5-6-2011 by ATM Art. 27; 6-20-2020 ATM by Art. 20; 6-20-2022 by ATM Art. 28; 6-20-2022 by ATM Art. 30; 5-3-2025 ATM by Art. 21; 5-3-2025 ATM by Art. 22; 5-3-2025 ATM by Art. 23]

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:

(1)

District symbols:

GR	General Residential District
SR	Special Residential District
DB	Downtown Business District
WW	Working Waterfront District
LC/M	Limited Commercial/Maritime District
GB	General Business District
RP	Resource Protection District

(2)

Permit-required symbols:

Y	Ues allowed without a permit
C	Uses requiring a building permit or other type of permit from the Code Enforcement Officer
P	Conditional uses and requiring site plan review approval from the Planning Board in accordance with the requirements of Article V of this Land Use Code
^1,2, etc.	Numbers adjacent to letter symbols refer to notes at the end of the Schedule of Uses which contain additional requirements.
Blank	Not permitted
*	Boathouses that are having more than 50% of the structure repaired are not allowed.

Uses which are not listed in the Schedule of Uses.

(1)

Proposed uses which are not listed in the Schedule of Uses shall be subject to the following:

(a)

If such proposed uses are similar to uses requiring a Code Enforcement Officer permit, as determined by the Code Enforcement Officer, they may be permitted by the Code Enforcement Officer.

(b)

If such proposed uses are similar to uses requiring site plan review and approval of the Planning Board, as determined by the Planning Board, they may be permitted by the Planning Board under the site plan review provisions of this Land Use Code.

(c)

If such proposed uses are similar to prohibited uses, as determined by the Code Enforcement Officer, such uses shall be prohibited.

(2)

In determining similarity of uses, the Code Enforcement Officer or Planning Board, as applicable, shall consider the following factors: size and appearance, impact on abutting properties, scale of operations, traffic, environmental impacts, the purposes of the district and compliance with the provisions of all Town codes and ordinances. In no case shall this provision be used to permit a prohibited use or to permit a use which does not comply with all dimensional requirements and performance standards of this Land Use Code.

Compliance with performance standards. All uses which are permitted must occur and be maintained in compliance with the applicable requirements of the performance standards listed in Article IV.

Schedule of Uses.

	GR	SR	DB¹⁰	LC/M	WW	GB	RP
Open Space Uses
Accessory use or structure	C	C	C	C	C	C	C
Agriculture	P					P	P
Animal husbandry¹³	P					P
Individual private campsites	Y	C				Y	P
Earthmoving activities of less than 100 cubic yards but greater than 10 cubic yards	C	P	P	C	P	Y	P
Earthmoving activities of more than 100 cubic yards	P	P	P	P	P	P	P
Farm uses and structures	C					P
Outdoor conservation and recreational uses not operated for profit	P	P	P	P		P	P
Forest management, except timber harvesting	Y	Y	Y	Y	Y	Y	Y
Roads, driveways and parking areas	Y	Y	Y	Y	Y¹⁸	Y	P
Nonresidential	P	P	C	P	P	P	P
Timber harvesting	Y	C				C	P
Fire prevention activities	Y	C	Y	Y	Y	Y	P
Wildlife management practices	P	P					P

	GR	SR	DB¹⁰	LC/M	WW	GB	RP
Water-Oriented Uses
Accessory uses or structures	C	P	C	C	C
Aquaculture uses. No processing or storage	P		P	P	C	P
Aquaculture products, processing, warehousing, sales (retail and wholesale)				P	P
Boat building and repair, commercial operations-	P		P	P	C
Boathouses	C	C	C	C	C	C
Breakwaters and causeways	P	P	P	P	P		P
Marinas			P	P	P
Marina expansion		P¹²	P	P	P
Piers, docks and wharves	C¹⁶	C	C¹⁶	C¹⁷	C¹⁷		C
Seafood products, processing, warehousing, sales (retail and wholesale)				P	P
Tour or charter boat operations			C	C	C	C

	GR	SR	DB¹⁰	LC/M	WW	GB	RP
Residential Uses
Accessory structure	C	C	C	C	C	C	C
Residential association uses or structures	C	P	C	P		C
Boardinghouses	C		C	C		C
Duplexes	C		C	P		C
Home occupations	P		C	C		C
Manufactured housing exclusive of mobile homes (modular)	C	C	C	P		C	P
Mobile homes	C	C	C	P		C	P
Mobile home parks	P²					P
Multifamily dwellings	P¹		P²²			P
Planned unit/cluster developments	P					P
Single-family dwellings	C	C	C	P		C	P
Accessory dwelling units²⁰	C	C	C	P		C	P

	GR	SR	DB¹⁰	LC/M	WW	GB	RP
Commercial Uses
Accessory uses or structures	P		C	C	P	C
Adult business establishment and adult entertainment						P
Auction barns			C			C
Automotive body shops	P					P
Automobile repair service shops	P		P			P
Automobile sales			P			P
Banks and financial institutions			C			C
Bed-and-breakfasts	P		P	P		C
Camping and tenting areas						P
Child-care facilities	P					C
Commercial farms, gardens, nurseries and greenhouses	P		P			C
Commercial gymnasiums, fitness centers			P	P		P
Funeral homes	P		C			C
Gasoline service stations			P			P
Commercial kennels						P
Laundromats, dry cleaning			C			C
Lumber yards						C
Micro-breweries			P	P		P
Mobile food vendors			P¹⁹			P¹⁹
Motels, hotels, inns		P⁴	P²³	P		C
Neighborhood grocery stores	P		C	P		C
Outdoor recreational uses operated for profit				P		P⁸
Parking areas/lots	P	P	C	P		P	P
Parking facilities	P		C			C
Printing facilities¹¹						P¹¹
Professional uses	P		C	C		C
Recreation facilities (indoor)			P	P		P
Resort areas	P					P
Restaurants			P	P		C
Retail establishments			C⁵	P		C⁵
Service establishments			C⁵	P		C⁵
Shopping centers						P
Theaters			P⁷			P⁷
Veterinary clinics	P¹³		P¹³			P
Wholesale establishments			C⁵			C⁵
Wireless communications facilities			C			C
Wireless communications towers						P

	GR	DB¹⁰	LC/M	GB
Industrial Uses
Accessory uses and structures		C	C	C
Automobile graveyards and junkyards				P
Firewood processing				P
Fuel storage				P
Light industry		P⁶		P⁸
Recycling facilities				P¹⁴
Redemption facilities	P			C
Warehousing				P

	GR	SR	DB¹⁰	LC/M	WW	GB	RP
Institutional and Public Uses
Accessory uses and structures	C	C	C	C	P	C
Art gallery, museum, or library	P		P	P		P
Cemeteries	P					P
Churches	C		C			C
Community service organizations	C		C	C		C
Health clinics (do not include marijuana or methadone clinics or dispensaries)	P		P			P
Hospice	P		P			P
Hospital	P		P			P
Marijuana or methadone clinics or dispensaries							P
Municipal, county, state and federal uses and structures not otherwise listed		P³	C	C	C	C
Nursing homes	P		P			P
Private schools	P					C
Public recreation	P		P	C	C	P	P⁹
Public school	P					C
Social and fraternal organizations	C		C	C		C
Yacht clubs (private and nonprofit)	P		C

	GR	SR	DB¹⁰	LC/M	WW	GB	RP
Other Uses
Public utilities, uses and buildings	P		P	P	P	P
Public utility lines and substations	C	P	C	C	C	C	P

Notes to Schedule of Uses:
¹ Except within 500 feet of the high-water mark and in areas zoned Resource Protection.
² Only in areas set forth in Article IV.
³ In the McKown and Juniper Points Subdistrict only.
⁴ The construction, operation or use of land and structures known as the "Spruce Point Inn" Map No. 1, Lot No. 17, and the multifamily development project known as "Spruce Point Ocean Houses," Map No. 1, Lot No. 17A, of the 1990 Tax Maps, only.
⁵ Except those listed as requiring site plan review.
⁶ Only industrial uses which are functionally water-dependent, except sea products processing.
⁷ Except drive-in theaters.
⁸ North of Routes 27-96 intersection.
⁹ Provided that such facilities are nonstructural.
¹⁰ In the Downtown Business District, the following uses shall not be permitted:
	^A.	Within 75 feet of the normal high-water mark, the conversion of an existing building to a hotel of any size or the expansion of a nonconforming use.
	^B.	The projection of second-floor overhangs into required setbacks.
	^C.	The expansion or construction of structures constructed out over the water that are not marine-related.
¹¹ Does not include businesses offering photocopy/computer services, which are covered under service establishments.
¹² Provision restricted to Blake's Marina.
¹³ No outside facilities.[1]
¹⁴ Meeting the definition of light industry.
¹⁵ (Reserved)
¹⁶ See § 170-101B(7), Shoreline zoning, for size and height standards.
¹⁷ First requires Selectboard approval under the Wharves and Weirs Act.
¹⁸ Functionally water-dependent uses and uses accessory to such water-dependent uses only.
¹⁹ A mobile food vendor is defined as a seller of food, beverages or other items intended for immediate human consumption from a mobile van, truck, cart, or other conveyance. Each such mobile van, truck, cart, or other conveyance requires approval as a separate use.
²⁰ Accessory dwelling units shall be in accordance with § 170-31.1.
²¹ Multifamily dwellings can be designated as Affordable Housing Developments according to § 170-31.
²² Downtown Business A, B and C.
²³ Downtown Business B and C only.

[1]

Editor's Note: See also § 170-32, Animal husbandry.

§ 170-28 Schedule of Dimensional Requirements.

[Amended 8-6-2001 by STM Art. 2; 5-6-2002 by ATM Art. 20; 5-2-2005 by ATM Art. 78; 6-13-2007 by STM Art. 22; 6-13-2007 by STM Art. 24; 5-2-2009 by ATM Art. 90; 5-8-2010 by ATM Art. 69; 5-6-2011 by ATM Art. 28; 5-3-2013 by ATM Art. 31; 5-3-2013 by ATM Art. 32; 5-5-2018 by ATM Art. 25; 5-3-2019 by ATM Art. 3; 6-20-2022 by ATM Art. 27; 5-3-2025 ATM by Art. 23; 5-3-2025 ATM by Art. 24]

		GR	SR	DB	WW and LC/M	GB	RP
Minimum Land Area per Dwelling Unit or Use (square feet)^{L, M}
	With Town water and sewer^{H, K}	10,000	10,000	Residential 10,000 All other 2,000 DB-A - No minimum area required for any dwelling or use DB-B and DB-C - Residential 10,000, all other 2,000	10,000	Residential 10,000 All other 40,000	4 acres
	With Town water unsewered	20,000	20,000			Residential 20,000 All other 40,000	4 acres
	No Town water, unsewered	Multi- family 20,000 All other 40,000	40,000			Multi- family 20,000 All other 40,000	4 acres
Minimum Street Frontage (feet)		50	50	50	50	50	100
Minimum Setbacks from Center Line of Public Road or Center of Right-of-Way 25 Feet in Width or Greater
	With Town water and sewer^H	30	30
	With Town water, unsewered	60	60
	No Town water, unsewered	60	60
	Residential			30^A	30^A	S. of 27/96 30^B N. of 27/96 300^B
	Com- mercial			25^A	25^A	60^A,B
	All other			30^A	25^A	60^A

		GR	SR	DB	WW and LC/M	GB	RP
Minimum Side Yard^I and Rear Yard Setback or the Center Line of Rights-of-Way Less Than 25 Feet in Width, Whichever is Greater (feet)							^G
	With Town water and sewer	15^C,H,J	15^D,H,J
	With Town water, unsewered	25^C,J	25^D,J
	No Town water, unsewered	25^C,J	25^D,J
	Residential			10^J	15^J	25^D,F,J
	Com- mercial			10^E,J	10^J	10^D,J
	All other			10^J	10^J	10^D,J

Notes to Schedule of Dimensional Requirements:
^A	Plus the width of any sidewalk.
^B	The minimum residential setback on Route 27, south of the Routes 27/96 intersection is 30 feet; the minimum residential setback on Route 27, north of the Routes 27/96 intersection is 300 feet. The minimum commercial setback on Route 27, south of the Routes 27/96 intersection is 40 feet. The minimum commercial setback on Route 27, north of the Routes 27/96 intersection, is 60 feet.
^C	Existing structures made nonconforming to the side and rear yard setbacks by the adoption or amendment or an ordinance may continue construction at the existing setback, provided that the new construction does not decrease the existing setback.
^D	Side and rear yard setbacks shall be either the dimensional requirements shown above or the height of the building, whichever is greater.
^E	In Subsection A(1) only, the side or rear yard setback requirement may be relaxed through a site plan review permit, provided that this relaxation is accompanied by the complete (throughout the entire structure) installation of a state-approved sprinkler system and state-approved minimum one-hour complete firewall on the affected setbacks.
^F	Fifteen feet with Town water and sewer.
^G	Minimum side and rear yards. There shall be a minimum of 100 feet between principal structures. This applies to any building on the same lot or adjoining lots.
^H	Does not apply to the McKown and Juniper Point Special Residential Districts.
^I	The side and rear yard setback shall not be applicable to common docks where the application is made by both abutters.
^J	The side yard setback shall not apply to residential docks or piers of four feet in width or less.
^K	The minimum lot size along the eastern side of Sprucewold and the West Harbor Special Residential District shall not be reduced by the installation of Town water or Town sewer. The minimum land area shall remain 40,000 square feet. The eastern side of Sprucewold shall be the area along the eastern side of Crest Avenue from the intersection of Lobster Cove Road to the intersection of Blow Horn Road and Crest Avenue. The West Harbor Special Residential District shall be as defined in § 170-26B(2) of the Boothbay Harbor Land Use Code.
^L	Accessory dwelling units do not count towards the net residential density calculation.
^M	Multiple principal dwelling units are allowed on a single lot so long as all dimensional standards are met.

Boothbay Harbor City Zoning Code

ARTICLE III

Zoning Districts

§ 170-21 Districts established.

[Amended 5-3-2019 by ATM Art. 3]

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

Limited Commercial/Maritime District

Working Waterfront District

General Business District

Resource Protection District

Shoreland District/Stream Protection Overlay District

§ 170-22 Zoning Map.

[Amended 5-3-2019 by ATM Art. 3]

Where discrepancies exist between a map or guide and written descriptions of each district, the written description shall prevail.

Where discrepancies exist between physical features existing on the ground and the Official Map and/or written description, the Board of Appeals shall interpret the district boundaries.

[1]

Editor's Note: The Zoning Map is included as an attachment to this chapter.

§ 170-23 Uncertainty of boundary locations.

Where district boundary lines are so indicated that they approximately follow lot lines, such lot lines shall be construed to be such boundary lines.

Boundaries indicated as approximately following Town limits shall be construed as following Town limits.

§ 170-24 Lots divided by district boundaries.

[1]

Editor's Note: See Art. VIII of this chapter.

§ 170-25 Purpose of districts.

[Amended 5-3-2019 by ATM Art. 3]

[Added 5-3-2019 by ATM Art. 3[1]]

[1]

Editor's Note: This article also redesignated former Subsections E, F and G as Subsections F, G and H, respectively.

§ 170-26 Description of districts.

Special Residential District.

(1)

(2)

(3)

Spruce Point: All the area described/shown on Boothbay Harbor Tax Maps Nos. 1, 2, 3 and Lot No. 33 of Map No. 6.

(4)

(5)

Downtown Business District. The Downtown Business District shall consist of three sections and includes all of the area within the following boundaries:

(1)

[Amended 5-6-2023 ATM by Art. 20]

(2)

(3)

Section C: Shall be the two areas added to the Downtown Business District in March of 1991:

(a)

(b)

The Limited Commercial/Maritime Districts.

[Amended 5-6-2002 by ATM Art. 20; 5-3-2019 by ATM Art. 3]

(1)

(2)

Exemption: Lots 19, 20, 21, 22, 22A, and 23 on the Town's Tax Map 16, dated April 1, 2013, are not included in the Limited Commercial/Maritime District.

The Working Waterfront District. The Working Waterfront District shall be comprised of Lots 19, 20, 21, 22, 22A and 23 on the Town's Tax Map 16, dated April 1, 2013.

[Added 5-3-2019 by ATM Art. 3[1]]

[1]

Editor's Note: This article also redesignated former Subsections E, F and G as Subsections F, G and H, respectively.

(1)

(2)

(3)

Areas of two or more contiguous acres with sustained slopes of 20% or greater.

(4)

(5)

(6)

This district may also include the following other areas which have been recommended for protection in the Comprehensive Plan of the municipality:

(a)

Other important wildlife habitat.

(b)

Natural sites of significant scenic or aesthetic value.

(c)

Areas designated by federal, state or municipal governments as natural areas of significance to be protected from development.

(d)

Other significant areas which are included in this district to fulfill the purposes of this chapter:

Indian Town Island.

Spectacle Island.

Powderhorn Island.

Ram Island.

[Amended 5-1-2006 by ATM Art. 82]

§ 170-27 Schedule of uses.

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:

(1)

District symbols:

GR	General Residential District
SR	Special Residential District
DB	Downtown Business District
WW	Working Waterfront District
LC/M	Limited Commercial/Maritime District
GB	General Business District
RP	Resource Protection District

(2)

Permit-required symbols:

Y	Ues allowed without a permit
C	Uses requiring a building permit or other type of permit from the Code Enforcement Officer
P	Conditional uses and requiring site plan review approval from the Planning Board in accordance with the requirements of Article V of this Land Use Code
^1,2, etc.	Numbers adjacent to letter symbols refer to notes at the end of the Schedule of Uses which contain additional requirements.
Blank	Not permitted
*	Boathouses that are having more than 50% of the structure repaired are not allowed.

Uses which are not listed in the Schedule of Uses.

(1)

Proposed uses which are not listed in the Schedule of Uses shall be subject to the following:

(a)

If such proposed uses are similar to uses requiring a Code Enforcement Officer permit, as determined by the Code Enforcement Officer, they may be permitted by the Code Enforcement Officer.

(b)

(c)

If such proposed uses are similar to prohibited uses, as determined by the Code Enforcement Officer, such uses shall be prohibited.

(2)

Compliance with performance standards. All uses which are permitted must occur and be maintained in compliance with the applicable requirements of the performance standards listed in Article IV.

Schedule of Uses.

	GR	SR	DB¹⁰	LC/M	WW	GB	RP
Open Space Uses
Accessory use or structure	C	C	C	C	C	C	C
Agriculture	P					P	P
Animal husbandry¹³	P					P
Individual private campsites	Y	C				Y	P
Earthmoving activities of less than 100 cubic yards but greater than 10 cubic yards	C	P	P	C	P	Y	P
Earthmoving activities of more than 100 cubic yards	P	P	P	P	P	P	P
Farm uses and structures	C					P
Outdoor conservation and recreational uses not operated for profit	P	P	P	P		P	P
Forest management, except timber harvesting	Y	Y	Y	Y	Y	Y	Y
Roads, driveways and parking areas	Y	Y	Y	Y	Y¹⁸	Y	P
Nonresidential	P	P	C	P	P	P	P
Timber harvesting	Y	C				C	P
Fire prevention activities	Y	C	Y	Y	Y	Y	P
Wildlife management practices	P	P					P

	GR	SR	DB¹⁰	LC/M	WW	GB	RP
Water-Oriented Uses
Accessory uses or structures	C	P	C	C	C
Aquaculture uses. No processing or storage	P		P	P	C	P
Aquaculture products, processing, warehousing, sales (retail and wholesale)				P	P
Boat building and repair, commercial operations-	P		P	P	C
Boathouses	C	C	C	C	C	C
Breakwaters and causeways	P	P	P	P	P		P
Marinas			P	P	P
Marina expansion		P¹²	P	P	P
Piers, docks and wharves	C¹⁶	C	C¹⁶	C¹⁷	C¹⁷		C
Seafood products, processing, warehousing, sales (retail and wholesale)				P	P
Tour or charter boat operations			C	C	C	C

	GR	SR	DB¹⁰	LC/M	WW	GB	RP
Residential Uses
Accessory structure	C	C	C	C	C	C	C
Residential association uses or structures	C	P	C	P		C
Boardinghouses	C		C	C		C
Duplexes	C		C	P		C
Home occupations	P		C	C		C
Manufactured housing exclusive of mobile homes (modular)	C	C	C	P		C	P
Mobile homes	C	C	C	P		C	P
Mobile home parks	P²					P
Multifamily dwellings	P¹		P²²			P
Planned unit/cluster developments	P					P
Single-family dwellings	C	C	C	P		C	P
Accessory dwelling units²⁰	C	C	C	P		C	P

	GR	SR	DB¹⁰	LC/M	WW	GB	RP
Commercial Uses
Accessory uses or structures	P		C	C	P	C
Adult business establishment and adult entertainment						P
Auction barns			C			C
Automotive body shops	P					P
Automobile repair service shops	P		P			P
Automobile sales			P			P
Banks and financial institutions			C			C
Bed-and-breakfasts	P		P	P		C
Camping and tenting areas						P
Child-care facilities	P					C
Commercial farms, gardens, nurseries and greenhouses	P		P			C
Commercial gymnasiums, fitness centers			P	P		P
Funeral homes	P		C			C
Gasoline service stations			P			P
Commercial kennels						P
Laundromats, dry cleaning			C			C
Lumber yards						C
Micro-breweries			P	P		P
Mobile food vendors			P¹⁹			P¹⁹
Motels, hotels, inns		P⁴	P²³	P		C
Neighborhood grocery stores	P		C	P		C
Outdoor recreational uses operated for profit				P		P⁸
Parking areas/lots	P	P	C	P		P	P
Parking facilities	P		C			C
Printing facilities¹¹						P¹¹
Professional uses	P		C	C		C
Recreation facilities (indoor)			P	P		P
Resort areas	P					P
Restaurants			P	P		C
Retail establishments			C⁵	P		C⁵
Service establishments			C⁵	P		C⁵
Shopping centers						P
Theaters			P⁷			P⁷
Veterinary clinics	P¹³		P¹³			P
Wholesale establishments			C⁵			C⁵
Wireless communications facilities			C			C
Wireless communications towers						P

	GR	DB¹⁰	LC/M	GB
Industrial Uses
Accessory uses and structures		C	C	C
Automobile graveyards and junkyards				P
Firewood processing				P
Fuel storage				P
Light industry		P⁶		P⁸
Recycling facilities				P¹⁴
Redemption facilities	P			C
Warehousing				P

	GR	SR	DB¹⁰	LC/M	WW	GB	RP
Institutional and Public Uses
Accessory uses and structures	C	C	C	C	P	C
Art gallery, museum, or library	P		P	P		P
Cemeteries	P					P
Churches	C		C			C
Community service organizations	C		C	C		C
Health clinics (do not include marijuana or methadone clinics or dispensaries)	P		P			P
Hospice	P		P			P
Hospital	P		P			P
Marijuana or methadone clinics or dispensaries							P
Municipal, county, state and federal uses and structures not otherwise listed		P³	C	C	C	C
Nursing homes	P		P			P
Private schools	P					C
Public recreation	P		P	C	C	P	P⁹
Public school	P					C
Social and fraternal organizations	C		C	C		C
Yacht clubs (private and nonprofit)	P		C

	GR	SR	DB¹⁰	LC/M	WW	GB	RP
Other Uses
Public utilities, uses and buildings	P		P	P	P	P
Public utility lines and substations	C	P	C	C	C	C	P

Notes to Schedule of Uses:
¹ Except within 500 feet of the high-water mark and in areas zoned Resource Protection.
² Only in areas set forth in Article IV.
³ In the McKown and Juniper Points Subdistrict only.
⁴ The construction, operation or use of land and structures known as the "Spruce Point Inn" Map No. 1, Lot No. 17, and the multifamily development project known as "Spruce Point Ocean Houses," Map No. 1, Lot No. 17A, of the 1990 Tax Maps, only.
⁵ Except those listed as requiring site plan review.
⁶ Only industrial uses which are functionally water-dependent, except sea products processing.
⁷ Except drive-in theaters.
⁸ North of Routes 27-96 intersection.
⁹ Provided that such facilities are nonstructural.
¹⁰ In the Downtown Business District, the following uses shall not be permitted:
	^A.	Within 75 feet of the normal high-water mark, the conversion of an existing building to a hotel of any size or the expansion of a nonconforming use.
	^B.	The projection of second-floor overhangs into required setbacks.
	^C.	The expansion or construction of structures constructed out over the water that are not marine-related.
¹¹ Does not include businesses offering photocopy/computer services, which are covered under service establishments.
¹² Provision restricted to Blake's Marina.
¹³ No outside facilities.[1]
¹⁴ Meeting the definition of light industry.
¹⁵ (Reserved)
¹⁶ See § 170-101B(7), Shoreline zoning, for size and height standards.
¹⁷ First requires Selectboard approval under the Wharves and Weirs Act.
¹⁸ Functionally water-dependent uses and uses accessory to such water-dependent uses only.
¹⁹ A mobile food vendor is defined as a seller of food, beverages or other items intended for immediate human consumption from a mobile van, truck, cart, or other conveyance. Each such mobile van, truck, cart, or other conveyance requires approval as a separate use.
²⁰ Accessory dwelling units shall be in accordance with § 170-31.1.
²¹ Multifamily dwellings can be designated as Affordable Housing Developments according to § 170-31.
²² Downtown Business A, B and C.
²³ Downtown Business B and C only.

[1]

Editor's Note: See also § 170-32, Animal husbandry.

§ 170-28 Schedule of Dimensional Requirements.

		GR	SR	DB	WW and LC/M	GB	RP
Minimum Land Area per Dwelling Unit or Use (square feet)^{L, M}
	With Town water and sewer^{H, K}	10,000	10,000	Residential 10,000 All other 2,000 DB-A - No minimum area required for any dwelling or use DB-B and DB-C - Residential 10,000, all other 2,000	10,000	Residential 10,000 All other 40,000	4 acres
	With Town water unsewered	20,000	20,000			Residential 20,000 All other 40,000	4 acres
	No Town water, unsewered	Multi- family 20,000 All other 40,000	40,000			Multi- family 20,000 All other 40,000	4 acres
Minimum Street Frontage (feet)		50	50	50	50	50	100
Minimum Setbacks from Center Line of Public Road or Center of Right-of-Way 25 Feet in Width or Greater
	With Town water and sewer^H	30	30
	With Town water, unsewered	60	60
	No Town water, unsewered	60	60
	Residential			30^A	30^A	S. of 27/96 30^B N. of 27/96 300^B
	Com- mercial			25^A	25^A	60^A,B
	All other			30^A	25^A	60^A

		GR	SR	DB	WW and LC/M	GB	RP
Minimum Side Yard^I and Rear Yard Setback or the Center Line of Rights-of-Way Less Than 25 Feet in Width, Whichever is Greater (feet)							^G
	With Town water and sewer	15^C,H,J	15^D,H,J
	With Town water, unsewered	25^C,J	25^D,J
	No Town water, unsewered	25^C,J	25^D,J
	Residential			10^J	15^J	25^D,F,J
	Com- mercial			10^E,J	10^J	10^D,J
	All other			10^J	10^J	10^D,J

Notes to Schedule of Dimensional Requirements:
^A	Plus the width of any sidewalk.
^B	The minimum residential setback on Route 27, south of the Routes 27/96 intersection is 30 feet; the minimum residential setback on Route 27, north of the Routes 27/96 intersection is 300 feet. The minimum commercial setback on Route 27, south of the Routes 27/96 intersection is 40 feet. The minimum commercial setback on Route 27, north of the Routes 27/96 intersection, is 60 feet.
^C	Existing structures made nonconforming to the side and rear yard setbacks by the adoption or amendment or an ordinance may continue construction at the existing setback, provided that the new construction does not decrease the existing setback.
^D	Side and rear yard setbacks shall be either the dimensional requirements shown above or the height of the building, whichever is greater.
^E	In Subsection A(1) only, the side or rear yard setback requirement may be relaxed through a site plan review permit, provided that this relaxation is accompanied by the complete (throughout the entire structure) installation of a state-approved sprinkler system and state-approved minimum one-hour complete firewall on the affected setbacks.
^F	Fifteen feet with Town water and sewer.
^G	Minimum side and rear yards. There shall be a minimum of 100 feet between principal structures. This applies to any building on the same lot or adjoining lots.
^H	Does not apply to the McKown and Juniper Point Special Residential Districts.
^I	The side and rear yard setback shall not be applicable to common docks where the application is made by both abutters.
^J	The side yard setback shall not apply to residential docks or piers of four feet in width or less.
^K	The minimum lot size along the eastern side of Sprucewold and the West Harbor Special Residential District shall not be reduced by the installation of Town water or Town sewer. The minimum land area shall remain 40,000 square feet. The eastern side of Sprucewold shall be the area along the eastern side of Crest Avenue from the intersection of Lobster Cove Road to the intersection of Blow Horn Road and Crest Avenue. The West Harbor Special Residential District shall be as defined in § 170-26B(2) of the Boothbay Harbor Land Use Code.
^L	Accessory dwelling units do not count towards the net residential density calculation.
^M	Multiple principal dwelling units are allowed on a single lot so long as all dimensional standards are met.

Boothbay Harbor City Zoning Code

ARTICLE III

Zoning Districts

§ 170-21 Districts established.

[Amended 5-3-2019 by ATM Art. 3]

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

Limited Commercial/Maritime District

Working Waterfront District

General Business District

Resource Protection District

Shoreland District/Stream Protection Overlay District

§ 170-22 Zoning Map.

[Amended 5-3-2019 by ATM Art. 3]

Where discrepancies exist between a map or guide and written descriptions of each district, the written description shall prevail.

Where discrepancies exist between physical features existing on the ground and the Official Map and/or written description, the Board of Appeals shall interpret the district boundaries.

[1]

Editor's Note: The Zoning Map is included as an attachment to this chapter.

§ 170-23 Uncertainty of boundary locations.

Where district boundary lines are so indicated that they approximately follow lot lines, such lot lines shall be construed to be such boundary lines.

Boundaries indicated as approximately following Town limits shall be construed as following Town limits.

§ 170-24 Lots divided by district boundaries.

[1]

Editor's Note: See Art. VIII of this chapter.

§ 170-25 Purpose of districts.

[Amended 5-3-2019 by ATM Art. 3]

[Added 5-3-2019 by ATM Art. 3[1]]

[1]

Editor's Note: This article also redesignated former Subsections E, F and G as Subsections F, G and H, respectively.

§ 170-26 Description of districts.

Special Residential District.

(1)

(2)

(3)

Spruce Point: All the area described/shown on Boothbay Harbor Tax Maps Nos. 1, 2, 3 and Lot No. 33 of Map No. 6.

(4)

(5)

Downtown Business District. The Downtown Business District shall consist of three sections and includes all of the area within the following boundaries:

(1)

[Amended 5-6-2023 ATM by Art. 20]

(2)

(3)

Section C: Shall be the two areas added to the Downtown Business District in March of 1991:

(a)

(b)

The Limited Commercial/Maritime Districts.

[Amended 5-6-2002 by ATM Art. 20; 5-3-2019 by ATM Art. 3]

(1)

(2)

Exemption: Lots 19, 20, 21, 22, 22A, and 23 on the Town's Tax Map 16, dated April 1, 2013, are not included in the Limited Commercial/Maritime District.

The Working Waterfront District. The Working Waterfront District shall be comprised of Lots 19, 20, 21, 22, 22A and 23 on the Town's Tax Map 16, dated April 1, 2013.

[Added 5-3-2019 by ATM Art. 3[1]]

[1]

Editor's Note: This article also redesignated former Subsections E, F and G as Subsections F, G and H, respectively.

(1)

(2)

(3)

Areas of two or more contiguous acres with sustained slopes of 20% or greater.

(4)

(5)

(6)

This district may also include the following other areas which have been recommended for protection in the Comprehensive Plan of the municipality:

(a)

Other important wildlife habitat.

(b)

Natural sites of significant scenic or aesthetic value.

(c)

Areas designated by federal, state or municipal governments as natural areas of significance to be protected from development.

(d)

Other significant areas which are included in this district to fulfill the purposes of this chapter:

Indian Town Island.

Spectacle Island.

Powderhorn Island.

Ram Island.

[Amended 5-1-2006 by ATM Art. 82]

§ 170-27 Schedule of uses.

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:

(1)

District symbols:

GR	General Residential District
SR	Special Residential District
DB	Downtown Business District
WW	Working Waterfront District
LC/M	Limited Commercial/Maritime District
GB	General Business District
RP	Resource Protection District

(2)

Permit-required symbols:

Y	Ues allowed without a permit
C	Uses requiring a building permit or other type of permit from the Code Enforcement Officer
P	Conditional uses and requiring site plan review approval from the Planning Board in accordance with the requirements of Article V of this Land Use Code
^1,2, etc.	Numbers adjacent to letter symbols refer to notes at the end of the Schedule of Uses which contain additional requirements.
Blank	Not permitted
*	Boathouses that are having more than 50% of the structure repaired are not allowed.

Uses which are not listed in the Schedule of Uses.

(1)

Proposed uses which are not listed in the Schedule of Uses shall be subject to the following:

(a)

If such proposed uses are similar to uses requiring a Code Enforcement Officer permit, as determined by the Code Enforcement Officer, they may be permitted by the Code Enforcement Officer.

(b)

(c)

If such proposed uses are similar to prohibited uses, as determined by the Code Enforcement Officer, such uses shall be prohibited.

(2)

Compliance with performance standards. All uses which are permitted must occur and be maintained in compliance with the applicable requirements of the performance standards listed in Article IV.

Schedule of Uses.

	GR	SR	DB¹⁰	LC/M	WW	GB	RP
Open Space Uses
Accessory use or structure	C	C	C	C	C	C	C
Agriculture	P					P	P
Animal husbandry¹³	P					P
Individual private campsites	Y	C				Y	P
Earthmoving activities of less than 100 cubic yards but greater than 10 cubic yards	C	P	P	C	P	Y	P
Earthmoving activities of more than 100 cubic yards	P	P	P	P	P	P	P
Farm uses and structures	C					P
Outdoor conservation and recreational uses not operated for profit	P	P	P	P		P	P
Forest management, except timber harvesting	Y	Y	Y	Y	Y	Y	Y
Roads, driveways and parking areas	Y	Y	Y	Y	Y¹⁸	Y	P
Nonresidential	P	P	C	P	P	P	P
Timber harvesting	Y	C				C	P
Fire prevention activities	Y	C	Y	Y	Y	Y	P
Wildlife management practices	P	P					P

	GR	SR	DB¹⁰	LC/M	WW	GB	RP
Water-Oriented Uses
Accessory uses or structures	C	P	C	C	C
Aquaculture uses. No processing or storage	P		P	P	C	P
Aquaculture products, processing, warehousing, sales (retail and wholesale)				P	P
Boat building and repair, commercial operations-	P		P	P	C
Boathouses	C	C	C	C	C	C
Breakwaters and causeways	P	P	P	P	P		P
Marinas			P	P	P
Marina expansion		P¹²	P	P	P
Piers, docks and wharves	C¹⁶	C	C¹⁶	C¹⁷	C¹⁷		C
Seafood products, processing, warehousing, sales (retail and wholesale)				P	P
Tour or charter boat operations			C	C	C	C

	GR	SR	DB¹⁰	LC/M	WW	GB	RP
Residential Uses
Accessory structure	C	C	C	C	C	C	C
Residential association uses or structures	C	P	C	P		C
Boardinghouses	C		C	C		C
Duplexes	C		C	P		C
Home occupations	P		C	C		C
Manufactured housing exclusive of mobile homes (modular)	C	C	C	P		C	P
Mobile homes	C	C	C	P		C	P
Mobile home parks	P²					P
Multifamily dwellings	P¹		P²²			P
Planned unit/cluster developments	P					P
Single-family dwellings	C	C	C	P		C	P
Accessory dwelling units²⁰	C	C	C	P		C	P

	GR	SR	DB¹⁰	LC/M	WW	GB	RP
Commercial Uses
Accessory uses or structures	P		C	C	P	C
Adult business establishment and adult entertainment						P
Auction barns			C			C
Automotive body shops	P					P
Automobile repair service shops	P		P			P
Automobile sales			P			P
Banks and financial institutions			C			C
Bed-and-breakfasts	P		P	P		C
Camping and tenting areas						P
Child-care facilities	P					C
Commercial farms, gardens, nurseries and greenhouses	P		P			C
Commercial gymnasiums, fitness centers			P	P		P
Funeral homes	P		C			C
Gasoline service stations			P			P
Commercial kennels						P
Laundromats, dry cleaning			C			C
Lumber yards						C
Micro-breweries			P	P		P
Mobile food vendors			P¹⁹			P¹⁹
Motels, hotels, inns		P⁴	P²³	P		C
Neighborhood grocery stores	P		C	P		C
Outdoor recreational uses operated for profit				P		P⁸
Parking areas/lots	P	P	C	P		P	P
Parking facilities	P		C			C
Printing facilities¹¹						P¹¹
Professional uses	P		C	C		C
Recreation facilities (indoor)			P	P		P
Resort areas	P					P
Restaurants			P	P		C
Retail establishments			C⁵	P		C⁵
Service establishments			C⁵	P		C⁵
Shopping centers						P
Theaters			P⁷			P⁷
Veterinary clinics	P¹³		P¹³			P
Wholesale establishments			C⁵			C⁵
Wireless communications facilities			C			C
Wireless communications towers						P

	GR	DB¹⁰	LC/M	GB
Industrial Uses
Accessory uses and structures		C	C	C
Automobile graveyards and junkyards				P
Firewood processing				P
Fuel storage				P
Light industry		P⁶		P⁸
Recycling facilities				P¹⁴
Redemption facilities	P			C
Warehousing				P

	GR	SR	DB¹⁰	LC/M	WW	GB	RP
Institutional and Public Uses
Accessory uses and structures	C	C	C	C	P	C
Art gallery, museum, or library	P		P	P		P
Cemeteries	P					P
Churches	C		C			C
Community service organizations	C		C	C		C
Health clinics (do not include marijuana or methadone clinics or dispensaries)	P		P			P
Hospice	P		P			P
Hospital	P		P			P
Marijuana or methadone clinics or dispensaries							P
Municipal, county, state and federal uses and structures not otherwise listed		P³	C	C	C	C
Nursing homes	P		P			P
Private schools	P					C
Public recreation	P		P	C	C	P	P⁹
Public school	P					C
Social and fraternal organizations	C		C	C		C
Yacht clubs (private and nonprofit)	P		C

	GR	SR	DB¹⁰	LC/M	WW	GB	RP
Other Uses
Public utilities, uses and buildings	P		P	P	P	P
Public utility lines and substations	C	P	C	C	C	C	P

Notes to Schedule of Uses:
¹ Except within 500 feet of the high-water mark and in areas zoned Resource Protection.
² Only in areas set forth in Article IV.
³ In the McKown and Juniper Points Subdistrict only.
⁴ The construction, operation or use of land and structures known as the "Spruce Point Inn" Map No. 1, Lot No. 17, and the multifamily development project known as "Spruce Point Ocean Houses," Map No. 1, Lot No. 17A, of the 1990 Tax Maps, only.
⁵ Except those listed as requiring site plan review.
⁶ Only industrial uses which are functionally water-dependent, except sea products processing.
⁷ Except drive-in theaters.
⁸ North of Routes 27-96 intersection.
⁹ Provided that such facilities are nonstructural.
¹⁰ In the Downtown Business District, the following uses shall not be permitted:
	^A.	Within 75 feet of the normal high-water mark, the conversion of an existing building to a hotel of any size or the expansion of a nonconforming use.
	^B.	The projection of second-floor overhangs into required setbacks.
	^C.	The expansion or construction of structures constructed out over the water that are not marine-related.
¹¹ Does not include businesses offering photocopy/computer services, which are covered under service establishments.
¹² Provision restricted to Blake's Marina.
¹³ No outside facilities.[1]
¹⁴ Meeting the definition of light industry.
¹⁵ (Reserved)
¹⁶ See § 170-101B(7), Shoreline zoning, for size and height standards.
¹⁷ First requires Selectboard approval under the Wharves and Weirs Act.
¹⁸ Functionally water-dependent uses and uses accessory to such water-dependent uses only.
¹⁹ A mobile food vendor is defined as a seller of food, beverages or other items intended for immediate human consumption from a mobile van, truck, cart, or other conveyance. Each such mobile van, truck, cart, or other conveyance requires approval as a separate use.
²⁰ Accessory dwelling units shall be in accordance with § 170-31.1.
²¹ Multifamily dwellings can be designated as Affordable Housing Developments according to § 170-31.
²² Downtown Business A, B and C.
²³ Downtown Business B and C only.

[1]

Editor's Note: See also § 170-32, Animal husbandry.

§ 170-28 Schedule of Dimensional Requirements.

		GR	SR	DB	WW and LC/M	GB	RP
Minimum Land Area per Dwelling Unit or Use (square feet)^{L, M}
	With Town water and sewer^{H, K}	10,000	10,000	Residential 10,000 All other 2,000 DB-A - No minimum area required for any dwelling or use DB-B and DB-C - Residential 10,000, all other 2,000	10,000	Residential 10,000 All other 40,000	4 acres
	With Town water unsewered	20,000	20,000			Residential 20,000 All other 40,000	4 acres
	No Town water, unsewered	Multi- family 20,000 All other 40,000	40,000			Multi- family 20,000 All other 40,000	4 acres
Minimum Street Frontage (feet)		50	50	50	50	50	100
Minimum Setbacks from Center Line of Public Road or Center of Right-of-Way 25 Feet in Width or Greater
	With Town water and sewer^H	30	30
	With Town water, unsewered	60	60
	No Town water, unsewered	60	60
	Residential			30^A	30^A	S. of 27/96 30^B N. of 27/96 300^B
	Com- mercial			25^A	25^A	60^A,B
	All other			30^A	25^A	60^A

		GR	SR	DB	WW and LC/M	GB	RP
Minimum Side Yard^I and Rear Yard Setback or the Center Line of Rights-of-Way Less Than 25 Feet in Width, Whichever is Greater (feet)							^G
	With Town water and sewer	15^C,H,J	15^D,H,J
	With Town water, unsewered	25^C,J	25^D,J
	No Town water, unsewered	25^C,J	25^D,J
	Residential			10^J	15^J	25^D,F,J
	Com- mercial			10^E,J	10^J	10^D,J
	All other			10^J	10^J	10^D,J

Notes to Schedule of Dimensional Requirements:
^A	Plus the width of any sidewalk.
^B	The minimum residential setback on Route 27, south of the Routes 27/96 intersection is 30 feet; the minimum residential setback on Route 27, north of the Routes 27/96 intersection is 300 feet. The minimum commercial setback on Route 27, south of the Routes 27/96 intersection is 40 feet. The minimum commercial setback on Route 27, north of the Routes 27/96 intersection, is 60 feet.
^C	Existing structures made nonconforming to the side and rear yard setbacks by the adoption or amendment or an ordinance may continue construction at the existing setback, provided that the new construction does not decrease the existing setback.
^D	Side and rear yard setbacks shall be either the dimensional requirements shown above or the height of the building, whichever is greater.
^E	In Subsection A(1) only, the side or rear yard setback requirement may be relaxed through a site plan review permit, provided that this relaxation is accompanied by the complete (throughout the entire structure) installation of a state-approved sprinkler system and state-approved minimum one-hour complete firewall on the affected setbacks.
^F	Fifteen feet with Town water and sewer.
^G	Minimum side and rear yards. There shall be a minimum of 100 feet between principal structures. This applies to any building on the same lot or adjoining lots.
^H	Does not apply to the McKown and Juniper Point Special Residential Districts.
^I	The side and rear yard setback shall not be applicable to common docks where the application is made by both abutters.
^J	The side yard setback shall not apply to residential docks or piers of four feet in width or less.
^K	The minimum lot size along the eastern side of Sprucewold and the West Harbor Special Residential District shall not be reduced by the installation of Town water or Town sewer. The minimum land area shall remain 40,000 square feet. The eastern side of Sprucewold shall be the area along the eastern side of Crest Avenue from the intersection of Lobster Cove Road to the intersection of Blow Horn Road and Crest Avenue. The West Harbor Special Residential District shall be as defined in § 170-26B(2) of the Boothbay Harbor Land Use Code.
^L	Accessory dwelling units do not count towards the net residential density calculation.
^M	Multiple principal dwelling units are allowed on a single lot so long as all dimensional standards are met.