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Bucksport City Zoning Code

ARTICLE III

Districts and Zoning Map

§ 100-11 Establishment of districts.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The development and use of all land and structures within the Town of Bucksport are governed by the regulations of this chapter as they apply to specific areas identified as "districts." The fundamental intent of regulations affecting the use of land and structures within each district is to support the purposes of this chapter as set forth in § 100-1. The Town is divided into 13 general districts. There are also six shoreland zone overlay districts that add additional regulations to specific areas. A seventh overlay district identifies land areas subject to conditional use approval. The districts are described as follows:
Commercial 1 (C1). An area suitable for commercial uses, noncommercial uses and residential uses. The area is located generally westerly of Bayview Avenue and is accessed primarily by U.S. Route 1. Portions of the district are now served by public water and sewer, which are intended to be expanded as future development requires.
Commercial 2 (C2). An area suitable for commercial uses, noncommercial uses and residential uses. The area is located generally easterly of Bayview Avenue and is accessed primarily by U.S. Route 1 and State Route 46. Portions of the district are now served by public water and sewer, which are intended to be expanded as future development requires.
Commercial 3 (C3). An area suitable for trade and manufacturing land uses and other land uses that are suitable for locating within and adjacent to Buckstown Heritage Park. Portions of the district are now served by public water and sewer, which are intended to be expanded as future development requires.
Commercial Fisheries and Maritime Activities Shoreland (CFMA). An area suitable for the development of functionally water-dependant commercial and recreational uses fronting on Penobscot River. The CFMA District is based on DEP districting guidelines for the establishment of a commercial fisheries/maritime activities district, which includes areas suitable for functionally water-dependent uses, taking into consideration such factors as:
Shelter from prevailing winds and waves;
Slope of the land within 250 feet of the shoreline;
Depth of the water within 150 feet of the shoreline;
Available support facilities, including utilities and transportation facilities; and
Compatibility with adjacent upland uses within 250 feet of the shoreline.
Downtown (DT). An area suitable for a dense development of a variety of businesses commonly found along a traditional main street and connecting side streets. Residential uses are interspersed throughout the area. Public uses, places of worship and historical properties are also found in the DT District. Every building in the district is served by public water and sewer.
Downtown Shoreland (DTS). An area suitable for a dense development of a variety of businesses fronting Main Street on its southerly side and some fronting on the northerly side of Main Street that are within 250 feet of the shoreline of Penobscot River. This district is also suitable for businesses operating from the shore side of buildings or properties on the southerly side of Main Street. Other common uses in the DTS District include public, historical, recreational, maritime and fishery uses, as well as limited residential uses. Every building in the district is served by public water and sewer. The DTS District is based on DEP districting guidelines for the establishment of a general development 1 district, which includes existing, intensively developed areas of two or more contiguous acres devoted to commercial or intensive recreational activities, or a mix of such activities. These activities include but are not limited to the following:
Areas devoted to retail trade and service activities or other commercial activities.
Areas devoted to intensive recreational development and activities.
Areas otherwise discernible as having patterns of intensive commercial or recreational uses.
Industry Development (ID). An area suitable for large-scale industrial uses and smaller commercial uses appropriate for an industrial setting. The area borders both sides of River Road. Portions of the district are now served by public water and sewer, which are intended to be expanded as future development requires.
Industry Development Shoreland Overlay (IDO). An area within 250 feet of the shoreline of a portion of Penobscot River. Land within this area is suitable for development with industrial uses similar to those subject to regulation in the ID District. The IDO District is based on DEP districting guidelines for the establishment of a general development 1 district, which includes existing, intensively developed areas of two or more contiguous acres devoted to commercial or industrial activities. These activities include, but are not limited to, the following:
Areas devoted to wholesaling, warehousing, retail trade and service activities or other commercial activities.
Areas otherwise discernible as having patterns of intensive commercial or industrial uses.
Limited Residential Shoreland Overlay (LRO). An area within 250 feet of the shoreline of a great pond; within 250 feet of the shoreline of a freshwater or coastal wetland; or within 250 feet of the shoreline of other water bodies, except streams. Land within this area is suitable for development with low-density residential and recreational uses; and limited, low-impact commercial and noncommercial uses. The LRO District is based on DEP districting guidelines for the establishment of a limited residential district, which include areas, other than those in a resource protection shoreland overlay district or a stream protection district, that are suitable for residential and recreational development. They include areas used less intensively than in a limited commercial district, a general development district, or a commercial fisheries/maritime activities district.
Limited Resource Protection Shoreland Overlay (LRPO). An area within 250 feet of the shoreline of a water body or a freshwater or coastal wetland, and which includes strict protection of vegetation within 100 feet of such water body or wetland. Land within this area is suitable for development with low-density residential and recreational uses, and limited low-impact commercial and noncommercial uses. Upon the initial adoption of state-mandated shoreland regulations, the residential uses in this district were originally placed in the Resource Protection Shoreland Overlay District. The LRPO District is based on DEP districting guidelines for the establishment of a limited residential district, which include areas, other than those in a resource protection shoreland overlay district or a stream protection district, that are suitable for residential and recreational development. They include areas used less intensively than in a limited commercial district, a general development district, or a commercial fisheries/maritime activities district.
Residential Growth (RG). An area suitable for development of residential uses and other uses appropriate for a residential neighborhood environment. Portions of the district are now served by public water and sewer, which are intended to be expanded as future development requires.
Resource Protection Shoreland Overlay (RPO):
An area within 250 feet of any shoreline in which development would adversely affect water quality, productive habitat, biological ecosystems, or scenic and natural values. This district shall include the following areas, except as otherwise identified in § 100-11L(3) and (4):
Floodplains along rivers and floodplains along artificially formed great ponds along rivers, defined by the 100-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 100-year floodplains adjacent to tidal waters as shown on FEMA's Flood Insurance Rate Maps or Flood Hazard Boundary Maps.
Areas of two or more contiguous acres with sustained slopes of 20% or greater.
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.
Land areas along rivers subject to severe bank erosion, undercutting, or riverbed movement, and lands adjacent to tidal waters which are subject to severe erosion or mass movement, such as steep coastal bluffs.
The Town of Bucksport adds the following districting guideline for the establishment of a Resource Protection Overlay District: land areas surrounding Silver Lake, the Town's public water supply, except any developed area that was in existence before December 10, 2009.
Shoreland areas in the Tannery Brook or Stream Protection Shoreland Overlay District or that meet the criteria in Article III for the Route 1 Shoreland, Downtown Shoreland, or Commercial Fisheries and Maritime Activities District need not be included within the resource protection overlay districts.
Any currently developed shoreland area that was in existence before December 10, 2009, need not be included within the resource protection overlay districts.
Route 1 Shoreland (RT1S). An area suitable for residential uses, commercial uses and noncommercial uses that occupy structures with residential architecture. The area is located between U.S. Route 1 and the Penobscot River and includes areas located more than 250 feet from the shoreline of Penobscot River. Developed properties are served by public water and sewer. The RT1S District is based on DEP districting guidelines for the establishment of a limited commercial district, which includes areas of mixed commercial and residential uses that are not developed as intensively as similar uses in a general development 1 district. These areas include, but are not limited to, the following: areas of two or more contiguous acres in size, devoted to a mix of residential and low-intensity commercial uses.
Route 15 Residential-Commercial (RT15RC). An area suitable for residential uses, limited commercial and noncommercial uses, agricultural and forestry uses. The area includes land within 1,000 feet of the easterly side of River Road, and land between Penobscot River and River Road, as shown on the Official Zoning Map. Developed properties are served by private water supplies and private subsurface wastewater disposal systems.
Rural 1 (R1). An area suitable for agricultural, forestry, recreational and public uses, as well as residential uses and limited commercial and noncommercial uses. The area is within a range of approximately four miles from the center of Town, except as otherwise identified. Developed properties are served by private water supplies and private subsurface wastewater disposal systems. Land area located in the R1 District is partitioned into sections on the Official Zoning Map[1] to aid in the identification of areas in the district where uses may be subject to restrictions that are not applicable throughout the district. These sections are described as follows:
R1(DCR). The R1 Development Corridor Section includes land located within 1,000 feet of each side of every public road, except where any portion of a public road is located within RT15RC or within any district in the Compact Area. Some areas of R1(DCR) may exceed 1,000 feet, as shown on the Official Zoning Map. Primary constraints for development: developed lots, shoreland, distance from municipal services.
R1(BC). The R1 Bucksport Center Section includes land southerly of R1(DCR) on Town Farm Road, westerly of R1(DCR) on Silver Lake Road, easterly of RT15RC and northerly of ID. Primary constraints for development: significant wildlife habitat, shoreland.
R1(SL). The R1 Silver Lake Section includes land southerly of R1(DCR) on Cross Road, westerly of R1(DCR) on Millvale Road, easterly of R1(DCR) on Silver Lake Road, and northerly of VIL. Primary constraints for development: public water supply, shoreland.
R1(SB). The R1 Stubbs Brook Section includes land southerly of R1(DCR) on Jacob Buck Pond Road and Turkey Path, westerly of R1(DCR) on Bucksmills Road, and easterly of R1(DCR) on Millvale Road. Primary constraints for development: significant wildlife habitat, shoreland.
R1(WB). The R1 White's Brook Section includes land southerly of R2(BM), westerly of R1(DCR) on State Route 46, easterly of R1(DCR) on Bucksmills Road and northerly of R1(DCR) on Russell Hill Road. Primary constraints for development: shoreland.
R1(HP). The R1 Heritage Park Section includes land southerly of R1(DCR) on Russell Hill Road, westerly of R1 (DCR) on State Route 46, easterly of R1(DCR) on Central Street and northerly of C2, C3 and RG. Primary constraints for development: none identified.
R1(DC). The R1 Duck Cove Section includes land southerly of R1(DCR) on Duck Cove Road, westerly of the Town boundary and easterly of R1(DCR) on State Route 46. Primary constraints for development: significant wildlife habitat.
[1]
Editor's Note: The Official Zoning Map, Addendum 1, is included as an attachment to this chapter.
Rural 2 (R2). An area suitable for agricultural, forestry, recreational and public uses, as well as residential uses and limited commercial and noncommercial uses that will not adversely impact the Town's ability to provide an adequate level of municipal services. The area is outside a range of approximately four miles from the center of Town. Developed properties are served by private water supplies and private septic systems. Land area located in the R2 District is partitioned into sections on the Official Zoning Map to aid in the identification of areas in the district where uses may be subject to restrictions that are not applicable throughout the district. These sections are described as follows:
R2(CH). The R2 Cobb Hill Section includes land westerly of R1(DCR) on Millvale Road, easterly of RT15RC and northerly of R1(DCR) on Town Farm Road. Primary constraints for development: steep slopes, significant wildlife habitat, shoreland, distance from municipal services.
R2(NB). The R2 North Bucksport Section includes land southerly of the Town boundary, westerly of R2(WP), easterly of RT15RC and northerly of R1(DCR) on Millvale Road. Primary constraints for development: distance from municipal services.
R2(WP). The R2 Williams Pond Section includes land southerly of the Town boundary, westerly of R2(JB), easterly of R2(NB) and northerly of R1(DCR) on Millvale Road and Williams Pond Road. Primary constraints for development: significant wildlife habitat, shoreland, distance from municipal services.
R2(JB). The R2 Jacob Buck Section includes land southerly of the Town boundary, westerly of R2(TP), easterly of R2(WP) and northerly of R1(DCR) on Millvale Road, Williams Pond Road and Jacob Buck Pond Road. Primary constraints for development: shoreland, steep slopes, distance from municipal services.
R2(OM). The R2 Orcutt Mountain Section includes land southerly R2(TP) and R1(DCR) on Jacob Buck Pond Road and northerly of R1(DCR) on Turkey Path and Bucksmills Road. Primary constraints for development: steep slopes, shoreland.
R2(BM). The R2 Bucksmills Section includes land westerly of R1(DCR) on Church Road and State Route 46, easterly of R1(DCR) on Bucksmills Road and northerly of R1(WB). Primary constraints for development: shoreland, farmlands, mineral extractions.
R2(TP). The R2 Thurston Pond Section includes land southerly and westerly of R1(DCR) on Bucksmills Road, easterly of the Town boundary and northerly of R2(JB) and R2(OM). Primary constraints for development: significant wildlife habitat, shoreland, steep slopes, distance from municipal services.
R2(BL). The R2 Brewer Lake Section includes land southerly of the Town boundary, westerly of R2(LP) and easterly of R1(DCR) on Bucksmills Road. Primary constraints for development: shoreland, steep slopes, distance from municipal services.
R2(LP). The R2 Long Pond Section includes land southerly of the Town boundary, westerly of R1(DCR) on State Route 46 and easterly of R2(BL) and R1(DCR) on Bucksmills Road and Church Road. Primary constraints for development: significant wildlife habitat, shoreland, steep slopes, distance from municipal services.
R2(MS). The R2 Moosehorn Stream Section includes land westerly of the Town boundary, easterly of R1(DCR) on State Route 46, northerly of R1(DCR) on Mast Hill Road and Bald Mountain Road and southerly of R2(CR) and R2(MP). Primary constraints for development: shoreland, steep slopes, distance from municipal services.
R2(CR). The R2 County Road Section includes land southerly of the Town boundary, westerly of R2(MP) and northerly of R2(MS). Primary constraints for development: steep slopes, distance from municipal services.
R2(MP). The R2 Moulton Pond Section includes land southerly and westerly of the Town boundary, easterly of R2(CR) and northerly of R2(MS). Primary constraints for development: shoreland, steep slopes, distance from municipal services.
Stream Protection Shoreland Overlay (SPO). An area within 75 feet of the shoreline of a stream, exclusive of those areas within 250 feet of the shoreline of a great pond, river, or freshwater or coastal wetland. Land within this area is primarily undeveloped, but is suitable for development with low-density residential and recreational uses; and limited, low-impact commercial and noncommercial uses, subject to compliance with more restrictive regulations than those that are applicable in other shoreland districts. The SPO District is based on DEP districting guidelines for the establishment of a stream protection district, which include areas within 75 feet of the shoreline of a stream, exclusive of those areas within 250 feet of the shoreline of a great pond or river, or within 250 feet of the shoreline of a freshwater or coastal wetland. Where a stream and its associated shoreland area are located within 250 feet of the shoreline of such water bodies or wetlands, that land area is regulated under the terms of the shoreland district associated with that water body or wetland.
Tannery Brook Shoreland Overlay (TBO). An area within 75 feet of the shoreline of Tannery Brook, exclusive of those areas within 250 feet of the shoreline of a great pond, river, or freshwater or coastal wetland. Land within this area is suitable for development with low-density residential and recreational uses; and limited, low-impact commercial and noncommercial uses. The TBO District is based on DEP districting guidelines for the establishment of a stream protection district, which include areas within 75 feet of the shoreline of a stream, exclusive of those areas within 250 feet of the shoreline of a great pond or river, or within 250 feet of the shoreline of a freshwater or coastal wetland. Where a stream and its associated shoreland area are located within 250 feet of the shoreline of such water bodies or wetlands, that land area is regulated under the terms of the shoreland district associated with that water body or wetland.
Village (VIL). An area suitable for residential uses, public uses, places of worship, and some small businesses that are appropriate for a residential neighborhood environment. The area is served primarily by Town water and sewer.
Contract Zone Overlay (CZO). An area within any of the basic districts described in § 100-11A through S that may be conditionally zoned in accordance with 30-A M.R.S.A. § 4352 and as approved by the Planning Board and Town Council in accordance with § 100-16. Such conditionally zoned areas shall be designated as "Contract Zone Overlay Districts" on the Official Zoning Map. The intent of regulations affecting the use of land and buildings within this overlay district is to mitigate potential adverse effects upon adjacent properties and the Town by providing a mechanism whereby specific conditions may be added to the granting of a change in zoning. A zone change to CZO may only be granted if the application of the zoning to the property in question meets the same standards of consistency with the Town's Comprehensive Plan as any other zone change enacted under the provisions of this chapter.

§ 100-12 Zoning Map.

All districts described in § 100-11 are shown on the Town's Official Zoning Map, entitled "Official Zoning Map of Bucksport, Maine," which is on file in the office of the Town Clerk. The Official Map must be printed at a scale that clearly delineates district boundaries. The map may include more than one sheet to include larger scale inset maps for small districts not clearly delineated at the primary scale of the map. The Town Clerk shall sign the Official Zoning Map at the time of adoption or amendment by the Town Council, certifying the date of such adoption or amendment. The Official Zoning Map of Bucksport, Maine, as amended, is made part of and incorporated into this chapter. A reduced-size copy of the Official Zoning Map is located in Addendum 1 to this chapter.[1]
[1]
Editor's Note: The Official Zoning Map, Addendum 1, is included as an attachment to this chapter.

§ 100-13 Interpretation of district boundary lines.

The locations of district boundary lines illustrated on the Official Zoning Map are interpreted as follows:
Boundary lines shown following streets, highways, railroads or rights-of-way are construed to follow their center lines.
Boundary lines shown following lot lines or Town boundary lines are construed to follow such lines.
Boundary lines that are not referenced to any identifiable feature must be determined by measurement based on the scale of the map.
In the event of uncertainty with interpreting the location of a district boundary line, the Board of Appeals shall make the final determination.
Any change to the location of a district boundary line on the Official Zoning Map must be approved by the Town Council. Any change to a shoreland district boundary must be also approved in accordance with § 100-5.