Ogunquit City Zoning Code
ARTICLE 1
General
§ 225-1.1 Purpose.
[Amended 11-4-2008, effective 4-1-2009]
The purposes of this chapter are:
A.
To promote the general welfare of the Town and to protect the health of its inhabitants;
B.
To encourage the most appropriate use of land within the Town, and to conserve the value of said land;
C.
To fulfill all the purposes of zoning embraced in Maine Revised Statutes and the Town of Ogunquit Charter and Comprehensive Plan;
D.
To prevent and control water pollution;
E.
To protect fish spawning grounds, aquatic life, and bird and other wildlife habitat;
F.
To protect buildings and lands from flooding and accelerated erosion;
G.
To protect archaeological and historic resources;
H.
To protect commercial fishing and maritime industries;
I.
To protect freshwater and coastal wetlands;
J.
To control building sites, placement of structures and land uses;
K.
To conserve shore cover and visual as well as actual points of access to inland and coastal waters;
L.
To conserve natural beauty and open space; and
M.
To anticipate and respond to the impacts of development in shoreland areas.
§ 225-1.2 Establishment of zones.
[Amended 11-4-2008, effective 4-1-2009]
A.
To implement the provisions of this chapter, the Town of Ogunquit is hereby divided into the following zoning districts:
One-Family Residential District – OFR |
Residential District – R |
Rural Residential District 1 – RR1 |
Rural Residential District 2 – RR2 |
Downtown Business District – DB |
General Business District 1 – GB1 |
General Business District 2 – GB2 |
Limited Business District – LB |
Farm District – F |
B.
The following seven districts are considered to be the Shoreland Zones, established pursuant to the Maine Department of Environmental Protection Shoreland Zoning Guidelines:
[Amended 6-11-2019 ATM by Art. 5]
Shoreland Limited Residential District – SLR |
Shoreland Limited Commercial District – SLC |
Shoreland General Development 1 – Ogunquit Beach – SG1 |
Shoreland General Development 2 – Perkins Cove – SG2 |
Shoreland General Development 3 – Ogunquit Playhouse – SG3 |
Stream Protection District – SP |
Resource Protection District – RP |
§ 225-1.3 District boundary locations; Zoning Map.
[Amended 11-4-2008, effective 4-1-2009; 6-10-2014; 6-9-2015; 6-8-2021 ATM by Art. 9]
The location and boundaries of the above districts are hereby established as shown on the map titled "Town of Ogunquit Official Zoning Map," dated June 11, 2019, prepared under the direction of the Ogunquit Planning Board and filed in the office of the Town Clerk. The Official Zoning Map shall be drawn at a scale of not less than one inch equals 2,000 feet and shall be certified by the attested signature of the Municipal Clerk. Said map, with all explanatory matter thereon, shall be deemed to be and is hereby made part of this chapter. When uncertainty exists with respect to district boundaries as shown upon such map, the following rules shall apply:
A.
Unless otherwise indicated, district boundary lines are the center lines, plotted at the time of adoption of this chapter, of streets, alleys, parkways, waterways, or separate rights-of-way of public utilities and railroads or such lines extended. Where the boundary is indicated by a paved street or highway, the center line of the paved or traveled portion of the actual street or highway shall be used as the boundary rather than the center line of the right-of-way of the street or highway as shown in the deed(s), survey(s) or other relevant legal description(s).
B.
Other district boundary lines, which are not listed in the preceding subsection, shall be considered as lines paralleling a street as indicated by the Official Zoning Map on file in the office of the Town Clerk. In the absence of a written dimension, the graphic scale on the Official Zoning Map shall be used.
C.
Where a question arises in regard to the limits of any of the Shoreland Zoning Districts as they affect an existing or proposed land use, the applicant shall obtain a topographic land survey from a professional land surveyor based on the nearest USGS bench marks.
D.
The "Shoreland Zones" shall be defined as being the land areas located within 250 feet, horizontal distance, of the normal high-water line of any great pond or river, upland edge of a coastal wetland, including all areas affected by tidal action, or upland edge of a freshwater wetland, and all land areas within 75 feet, horizontal distance, of the normal high-water line of a stream. The jurisdiction of these zones shall also apply to any structure built on, over or abutting a dock, wharf or pier, or other structure extending or located below the normal high-water line of a water body or within a freshwater or coastal wetland. The Shoreland Zones shall be further divided into the following seven distinct zones, as follows:
[Amended 6-11-2019 ATM by Art. 5]
(1)
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 District, or Stream Protection District, and areas which are used less intensively than those in the Shoreland Limited Commercial District or the Shoreland General Development Districts.
(2)
Shoreland Limited Commercial District. The Limited Commercial District includes areas of mixed, light commercial and residential uses, exclusive of the Stream Protection District, which should not be developed as intensively as the Shoreland Districts. This district includes areas of two or more contiguous acres in size devoted to a mix of residential and low-intensity business and commercial uses. Industrial uses are prohibited.
(3)
Shoreland General Development Districts: Ogunquit Beach, Perkins Cove, and Ogunquit Playhouse. The General Development Districts include the following types of existing, intensively developed areas:
(4)
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, of 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.
(5)
Resource Protection District. The Resource Protection District shall include the following areas when they occur within the limits of any Shoreland Zone, exclusive of the Stream Protection District, except that areas which are currently developed and areas which meet the criteria for Shoreland Limited Commercial or Shoreland General Development need not be included within the Resource Protection District:
(a)
In nontidal shoreland areas, the land area below the upland edge or high-water line of any freshwater wetland, river, or stream. In tidal shoreland areas, the "Resource Protection District" shall be defined as being the area below the highest annual tide (HAT) as identified in the tide tables published by the National Ocean Service (highest annual tide or HAT) as determined by a land surveyor based on the nearest USGS bench mark.
[Amended 6-12-2018]
(b)
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 habitat, including nesting and feeding areas, by the Maine Department of Inland Fisheries and Wildlife (MDIF&W) that are depicted on a Geographic Information System (GIS) data layer maintained by either MDIF&W or the Maine Department of Environmental Protection 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 a 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.
(c)
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.
(d)
Within the Shoreland Zones, areas of two or more contiguous acres with sustained slopes of 20% or greater.
(e)
Within the Shoreland Zones, 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. Note: These areas usually consist of forested wetlands abutting water bodies and nonforested wetlands.
(f)
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.
(g)
Any significant wildlife habitat, including significant vernal pools, as defined in the Department of Environmental Protection, Chapter 335, Rules on Significant Wildlife Habitats, whether or not they are included on the Official Zoning Map. The location of significant wildlife habitats shall be determined by field measurements, made at the expense of the landowner or applicant, pursuant to Article 12 of this chapter.
E.
The depiction of the Shoreland Zoning Districts on the Official Zoning Map of the Town of Ogunquit is merely illustrative of their general location. The boundaries of these districts shall be determined by measurement of the distance indicated on the maps from the normal high-water line of the water body or the upland edge of wetland vegetation, regardless of the location of the boundary shown on the maps.
F.
The area below the normal high-water line of any significant vernal pools shall be considered to be part of the Resource Protection District, regardless of whether or not the presence of the significant vernal pool is indicated on the Official Zoning Map. Vernal pools which are not significant shall not be considered to be part of the Resource Protection District. The normal high-water line of any vernal pool shall be determined by field measurements, made at the expense of the landowner or applicant, pursuant to Article 12 of this chapter. In no event shall any vegetation clearing or land disturbance occur, or structure be placed or erected in a significant or nonsignificant vernal pool, or within 75 feet of its upland edge. Activities in or near vernal pools classified as significant vernal pools shall be governed by the rules of the Department of Environmental Protection, Chapter 335, and may be subject to additional setbacks and other required mitigation measures, beyond those required by the Town of Ogunquit.
G.
The Code Enforcement Officer shall be the municipal official responsible for making determinations regarding the location of district boundaries and interpreting the Official Zoning Map. Decisions of the Code Enforcement Officer regarding the location of district boundaries may be appealed to the Board of Appeals, pursuant to § 225-5.2A, Administrative appeals. Where uncertainty exists as to the exact location of district boundary lines, the Board of Appeals shall be the final authority as to location.
§ 225-1.4 Conformity.
[Amended 11-4-2008, effective 4-1-2009]
A.
No building or structure shall be erected, altered, enlarged, rebuilt, moved or used, and no land shall be used, and no new lot shall be created, unless in conformity with the provisions of this chapter, except:
B.
The regulations specified by this chapter for each type of district shall be minimum requirements and shall apply uniformly within each type of district and to each kind of structure and/or land.
C.
Land within the right-of-way lines of a street on which a lot abuts shall not be considered as part of such lot for the purposes of meeting the area requirements of this chapter, notwithstanding the fact that the fee to such land may be in the owner of such lot.
D.
Where a zoning district boundary line divides a lot or parcel of land in the same ownership of record at the time such line is established by adoption or amendment of this chapter, the use regulations applicable to the less restricted portion of such lot may extend not more than 50 feet into the more restricted portion. This provision shall not, however, be applied when the more restrictive district is a Resource Protection District or the Shoreland Zones, nor when the less restricted portion lies within the Downtown Business District. The space and bulk regulations of the district shall apply to the land within those districts and are not subject to the fifty-foot provision.
[Amended 6-8-2021 ATM by Art. 9]
§ 225-1.5 Conflict with other provisions.
[Amended 11-4-2008, effective 4-1-2009]
Whenever a provision of this chapter is in conflict with or is inconsistent with the requirements of any other lawfully adopted rules, regulations, statutes or ordinances, or with any other provision within this chapter, the most restrictive or that imposing the highest standards shall govern.
§ 225-1.6 Severability.
[Amended 11-4-2008, effective 4-1-2009]
In the event that any section, subsection or any portion of this chapter shall be declared by any court of competent jurisdiction to be invalid for any reason, such decision shall not be deemed to affect the validity of any other section, subsection or other portion of this chapter; to this end, the provisions of this chapter are hereby declared to be severable.
§ 225-1.7 Availability.
[Amended 11-4-2008, effective 4-1-2009]
A certified copy of this chapter shall be filed with the Municipal Clerk and shall be accessible to any member of the public. Copies shall be made available to the public at reasonable cost at the expense of the person making the request. Notice of availability of this chapter shall be posted.
§ 225-1.8 Effective date and abrogation.
§ 225-1.9 Amendments; contract or conditional zoning.
[Amended 6-12-2012]
A.
This chapter may be amended by a majority of the legislative body of the Town of Ogunquit, either at a regular or special Town Meeting, pursuant to the Town Charter and law, provided that a public hearing shall first be held. Amendments may be sent to the Town Attorney for review before any public hearing or before placement on a warrant, with the authorization of the Town Manager. A fee for placing an amendment request from a person, as defined by this chapter, on the Planning Board's agenda for consideration, shall be set from time to time in a fee schedule adopted by the Select Board. Petitioned requests for amendments, pursuant to the Town Charter and law, shall be exempt from a fee, as well as requests from Town staff, committees or boards.
B.
The Planning Board must post notice of the public hearing required under Subsection A above in the municipal office at least 13 days before the public hearing. The Planning Board must publish notice of the public hearing at least two times in a newspaper of general circulation in the municipality. The date of the first publication must be at least 12 days before the hearing, and the date of the second publication must be at least seven days before the hearing.
[Amended 6-8-2021 ATM by Art. 9]
C.
When a proposed amendment has the effect of either prohibiting all industrial, commercial or retail uses where any of these uses is permitted or permitting any industrial, commercial or retail uses where any of these uses is prohibited, the notice must contain a copy of a map indicating the portion of the municipality affected by the proposed amendment. For each parcel within the municipality that is in or abutting the portion of the municipality affected by the proposed amendment, the notice must be mailed by first class mail at least 13 days before the public hearing to the last known address of the person to whom property tax on each parcel is assessed. The Select Board shall prepare and file with the Town Clerk a written certificate indicating those persons to whom the notice was mailed and at what addresses, when it was mailed, by whom it was mailed and from what location it was mailed. Notice is not required under this subsection for any zoning ordinance adopted under the laws contained in 30-A M.R.S.A. §§ 4312 to 4344, or 38 M.R.S.A. §§ 435 to 449.
[Amended 6-8-2021 ATM by Art. 9]
D.
Within 10 days of the adoption of any amendment to any provisions enacted pursuant to the Mandatory Shoreland Zoning Act (38 M.R.S.A., §§ 435 to 449), the Town Clerk shall send a copy of the amendment to the Shoreland Zoning Coordinator within the Maine Department of Environmental Protection for review and approval by the Commissioner of the Department of Environmental Protection. Such an amendment shall not be effective until approved by the Commissioner or until 45 days from the date received by the Commissioner, whichever shall come first. Any application for a permit submitted to the Code Enforcement Officer, Board of Appeals, or Planning Board within the forty-five-day period shall be governed by the terms of the proposed amendment, if the amendment is ultimately approved by the Commissioner of the Department of Environmental Protection, or if the Commissioner fails to take action.
E.
If amendments are made in the district boundaries or other matter portrayed on the Official Zoning Map requiring review and approval of the Commissioner of the Department of Environmental Protection, such changes shall be made on the Official Zoning Map within 30 days after the amendment has been approved by the Commissioner.
F.
Contract or conditional zoning.
(1)
Authority and purpose. Pursuant to 30-A M.R.S.A. § 4352, contract or conditional zoning is hereby authorized solely in the Farm District and only for light industry, General Business District 2 and only for high-density residential development, where, due to the unusual nature or unique location of the development proposed, the Town finds it necessary or appropriate to allow both flexibility for the development of the land and to be able to impose, by agreement with the property owner or otherwise, conditions or restrictions that will assure consistency with the Comprehensive Plan and that are not generally applicable to other properties similarly zoned. All rezoning under this subsection shall be consistent with and complementary to existing and permitted uses within the Farm District or General Business District 2. Use of the provisions of this subsection shall be limited to requests by owners of the property to be rezoned or by applicants with a legal interest in the property. Nothing in this subsection shall authorize an agreement for rezoning that is inconsistent with the Comprehensive Plan.
[Amended 6-13-2023 ATM by Art. 9]
(2)
Conditions and restrictions. Conditions and restrictions imposed under the authority of this subsection shall relate only to the physical development and operation of the property and may include by way of example:
(a)
Limitations on the number and types of uses permitted.
(b)
Restrictions on space and bulk standards and on the scale and density of the development.
(c)
Specifications for the design and layout of buildings and other improvements.
(d)
Schedules for commencement and completion of construction.
(e)
Preservation of open space and buffers, provisions for public access to shorelines, and protection of natural areas and historic sites.
(f)
Performance guarantees securing completion and maintenance of improvements.
(g)
Provision for enforcement and remedies for breach of any condition or restriction.
(3)
Approval and process.
(a)
An application for rezoning under this subsection shall be made to the Planning Board through the Code Enforcement Office with a fee as determined by the Select Board. Each such application shall be accompanied by the submissions required by § 240-6.2 of Chapter 240, Subdivision Regulations. The Planning Board may modify or waive any of these required pieces of information when it determines that, because of the type or size of the project or circumstances of the site, such requirements would not be applicable or would be unnecessary for a complete understanding of the request for rezoning. Each application must also include a detailed description of the conditions and restrictions to be imposed on the applicant's use of the land and a copy of the proposed contract, if any.
[Amended 6-8-2021 ATM by Art. 9]
(c)
When the Planning Board and the applicant have reached tentative agreement on the wording and conditions attached to the contract or conditional rezoning, the public hearing procedure described in Subsection F(3)(d) below shall commence. Lacking agreement between the Planning Board and the applicant, the Planning Board shall schedule a public hearing on the applicant's proposal within 120 days of the date of submission of a complete rezoning application. This time period may be extended by mutual agreement of the Planning Board and applicant. If any material changes are made to the proposal as a result of or following the public hearing, another public hearing shall be held consistent with the deadlines described in Subsection F(3)(d) below.
(d)
Notice and hearing. The Planning Board shall conduct a public hearing prior to any property being rezoned under this subsection. Notice of this hearing shall be posted in the Town Clerk's office at least 13 days prior to the public hearing and shall be published in a newspaper of general circulation within the Town at least two times. The date of first publication shall be at least seven days prior to the hearing. Notice shall also be sent to the owners of the property to be rezoned and to the owners of all property within 500 feet of the affected lot(s) or parcel(s). This notice shall contain a copy of the proposed conditions and restrictions, with a map indicating the property to be rezoned.
[Amended 6-8-2021 ATM by Art. 9]
(e)
The Planning Board shall, within 30 days after the public hearing, approve, approve with conditions, or deny the application for rezoning. If approved, and after any conditions have been met and included in the rezoning document, the Planning Board shall make a written recommendation to the Select Board, including its findings of fact and conclusions, that the proposal be placed on a warrant for action by the legislative body at its next Town Meeting.
(f)
If the Select Board accepts the Planning Board's recommendation, the proposal shall be placed on the warrant for action by the legislative body at its next Town Meeting.
(g)
Upon adoption by a vote of Town Meeting, the language of the contract or conditional zone shall be incorporated as an appendix or amendment to this chapter. In addition, the rezoning may consist of covenants and agreements, the details of which are not incorporated into the chapter itself but that are nevertheless conditions of the rezoning. Any such covenants and agreements shall be in a form that is recordable in the Registry of Deeds, and the Board, in its discretion, may require that such covenants and agreements be recorded.
(h)
If the applicant fails to begin construction in a substantial manner and in accordance with an approved plan within two years of the effective date of the rezoning, the Planning Board may initiate rezoning to the original zoning classification.