Land Use Ordinances
Effective Date: October 7, 2007
Town of Frye Island
Cumberland County - State of Maine
Chapter 101 --- Land Use
Article I. Zoning Ordinance
Article II. Subdivision Ordinance
Article III. Shoreland Zoning Ordinance
Article IV. Floodplain Management Ordinance
Article V. Growth Management Ordinance - Recinded at 9/2/06 Town Meeting
GENERAL REFERENCES:
Prior version of Chapter 101, dated
Prior version of Chapter 102 – Shoreland Zoning Ordinance, dated October 10, 2000
Prior version of Chapter 108 – Floodplain Management Ordinance, dated July 22, 2000
HISTORY: [amended July 5, 2003, WA 10]
Articles I and II originated as the Land Use Ordinance of the Town of Standish, adopted on May 26, 1976. This Standish Ordinance, as amended, became Chapter 181 on December 9, 1997 by Order No. 123-97. Frye Island, in turn, modified and adopted this Ordinance as Chapter 101 by Public Meeting of February 28, 1998 in preparation for becoming an independent town on July 1, 1998. The October 10, 2000 version of this Chapter 101 was then heavily edited and reorganized into Articles I and II of Chapter 101, which was adopted by Town Meeting 10/06/01 Article 8.
Article III originated as the Shoreland Zoning Ordinance of the Town of Standish, adopted October 12, 1993. This Standish Ordinance (now Chapter 237, adopted February 12, 2002 by Order No. 189-01) was modified and adopted by Frye Island as Chapter 102 by Public Meeting of February 28, 1998 in preparation for becoming an independent town on July 1, 1998. The October 19, 1999 version of this Chapter 102 was then heavily edited and reorganized into Article III of an expanded Chapter 101, which was adopted by Town Meeting 10/12/02 Article 11.
Article IV originated as the Floodplain Management Ordinance of the Town of Standish, adopted January 9, 1996 by Order No. 156-95. The Town of Frye Island, in turn, modified and adopted this Ordinance as Chapter 108 by Town Meeting of July 1, 2000. The July 22, 2000 version of this Chapter 108 was then edited and reorganized into Article IV of an expanded Chapter 101, which was adopted by Town Meeting 10/12/02 Article 11.
Article V, the Growth Management Ordinance was adopted by Town Meeting 10/11/03 Article 10.
MODIFIED BY:
Town Meeting 10/06/01 Articles 9-15, with changes in § 101-I-2 Definitions of Adult Day Care, Building Height, and Conforming Lot, § 101-I-3, A.6, B.5, C.5, and E; and § 101-I-4, H.1.c, O.2, and O.5.
Town Meeting 7/06/02 Article 5 establishing a special exception for the Resource Protection District in ß 101-III-16, K. (§ 102-16, K at the time of adoption).
Town Meeting 10/12/02 Article 12, changing the definition for Campground in ß 101-I-2 to the one used in the Shoreland Zoning § 101-III-17.
Town Meeting 7/05/03 Articles 10-12, expanding the History section directly above and changing the definition for Stream in § 101-III-17.
Town Meeting 10/11/03 Article 11, changing the contents of § 101-I-4, D.2, Non-Conforming Lots.
Town Meeting 9/2/06 Article 2, recinded ArticleV Growth Management Ordinance
Town Meeting 10/7/06 Article 11-12 changing definition of Substantial Start and the contents of § 101-I-11. Administration and Enforcement, D. Building Permits; and adding the definition of Road Opening and the contents of § 101-I-4. General Standards, T. Road Opening.
Town Meeting 10/6/07 Article 14 amended the Land Use Ordinances Chapter 101, Article I, §101-I-14(F) (4), and Article III, §101-III-16 (I) (5)
Town Meeting 10/6/07 Article 15 amended the Land Use Ordinances Chapter 101, Article I, §101-I-11 (E)
Table of Contents
[Sections § 101–I–3 through § 101–I–10: Zoning Regulations]
§ 101–I–3. District Regulations
2. Permitted uses not requiring CEO approval
3. Permitted uses requiring CEO approval only
4. Permitted uses requiring site plan review
5. Uses requiring special exception
8. Accessory building setbacks
10. Lots in a cluster subdivision
2. Permitted uses not requiring CEO approval
3. Permitted uses requiring CEO approval only
4. Permitted uses requiring site plan review
5. Uses requiring special exception
8. Lots in a cluster subdivision
C. WOC – Water-oriented Commercial Districts
2. Permitted uses not requiring CEO approval
3. Permitted uses requiring CEO approval only
4. Permitted uses requiring site plan review
5. Uses requiring special exception
8. Accessory building setbacks
D. RC – Recreational Districts
2. Permitted uses not requiring CEO approval
3. Permitted uses requiring CEO approval only
4. Permitted uses requiring site plan review
6. Minimum setback dimensions for lots 40,000 square feet or more
7. Minimum setback dimensions for lots less than 40,000 square feet
d. Construction of private way
4. Lots with adequate water frontage
2. Purpose of cluster development
3. Information required in cluster development proposal
5. Predominant use constraints
7. Permitted modifications in area per dwelling unit requirements
G. Community Living Facility Standards
1. Restrictions on manufactured housing units located outside mobile home parks
2. Mobile home park restrictions
2. Procedure for reducing lot or unit area requirements
M. Water Recreation and Water Storage Facilities
1. Setback and CEO permit requirements
2. Fencing of below-ground facilities
4. Submittal of plan to Planning Board
5. Permit requirement for private swimming pools
N. Regulations Concerning Transmission (Antenna) Towers
4. Proof of conformity required
8. Cooperation with Code Enforcement Officer
14. Use of third-party professional
2. Residential identification signs [amended October 6, 2001; WA 12]
4. Temporary real estate and construction signs
5. Permit required [amended October 6, 2001; WA 12]
2. Fence permit required; standards
4. Fence violations and penalties
2. Mineral extraction regulations
§ 101–I–5. Home Business Standards
1. Applicability and Planning Board authority
§ 101–I–6. Commercial, Professional, or Business Use Standards
3. Conversion or expansion of existing buildings to commercial, business, or professional use
D. Buffer Areas to Other Districts
E. Offensive Uses Not Permitted
§ 101–I–7. Non-conforming Uses
§ 101–I–8 [Reserved for Future Use]
§ 101–I–9 [Reserved for Future Use]
§ 101–I–10 [Reserved for Future Use]
[Sections § 101–I–11 Onward: Zoning Administration and Governance]
§ 101–I–11. Administration and Enforcement
E. Application for Building Permit
1. Certificate from CEO required for occupancy
G. Building Permit for Manufactured Housing Unit
A. Appointment and Composition
§ 101–I–13. Amendment Procedure
A. Appointment and Composition
d. Disability variance appeals
2. Variance appeals restrictions and conditions
E. Criteria to be Considered in Hearing Appeals
2. Decision by Board of Appeals
2. Procedure for submission and review
4. Waiver or modification of elements
§ 101–I–16. Site Plan Review for Septic Systems Over Two Thousand Gallons per Day
1. Liability insurance requirement
§ 101–I–17. Assessment Of Capital Impact Fees
1. Residential and nonresidential impact on existing road inventory
§ 101–I–18. Conflict with Other Provisions
Article II. – Subdivision Ordinance
§ 101–II–1. Purpose and Administration
B. Authority and Administration
D. Information to Accompany Plan
2. Department of Environmental Protection review and approval where required
1. Submittal of performance guarantee
2. Inspection of required improvements
3. Maintenance prior to acceptance of improvements
C. Information to Accompany Plan
E. Plan Revisions After Approval
F. Public Acceptance of Streets, Easements, and Open Space
§ 101–II–4. General Provisions
A. No Filing and Recording Before Final Plan Approval
B. No Conveyance if Not Filed and Recorded
C. Fines for Conveyance Prior to Approval
D. No Utility Service Prior to Final Approval
E. No Construction Activity Prior to Final Approval
A. Planning Board to Consider Requirements
B. Conformance to Comprehensive Plan
C. Preservation of Natural and Historic Features
D. Land not Suitable for Development
F. Easements for Natural Drainage Ways
H. Street Trees, Esplanades, and Open Spaces
J. Separate Sewage Disposal Sites
1. Street classification definitions
2. Dimensions for street construction
E. Roadway Construction Material Standards
F. Responsibility of Developer Regarding Streets
G. Construction of Arterial Streets
1. Subdivisions containing more than 150 units
2. Subdivisions adjacent to areas of future development
3. Street and storm drainage plans
§ 101–II–7. Miscellaneous Provisions
A. Release of Guaranty Check or Bond
Article III – Shoreland Zoning Ordinance
§ 101–III–4. Effective Date and Repeal of Formerly Adopted Ordinance
§ 101–III–7. Conflicts with Other Ordinances
§ 101–III–9. Districts and Zoning Map
A. Official Shoreland Zoning Map
C. Certification of Official Shoreland Map
§ 101–III–10. Interpretation of District Boundaries
§ 101–III–11. Land Use Requirements
B. Continuation of Non-conforming Lots, Buildings, Structures, and Land Uses
a. If non-conformity is not increased
3. Reconstruction or replacement
4. Change of use of a non-conforming structure