Ordinance Amending Chapter 70, Zoning, of the Code Ordinances

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An Ordinance Amending Chapter 70, Zoning, of the Code of Ordinances
Lisbon, Maine

Amend Sec. 70-5.(b)(4), (Nonconforming uses, lots and structures) as
follows;

(4) Change of Use. An existing nonconforming use may be changed to

another nonconforming use provided that (a) the proposed use has no

greater adverse impact on the subject and adjacent properties and

resources than the former use; as determined by the Planning Board

and (b) applicable performance standards contained in Article VI of the

Chapter and Chapter 62, Site Plan Review. The determination of no

greater adverse impact shall be made according to criteria listed below.

a. That the proposed use is of the same character or less noxious

than the current nonconforming use.

b. That the proposed use will not create a traffic hazard nor increase

an existing traffic hazard; and

c. That the amount of parking required to meet the minimum

requirements for the proposed use exists on the site or will be

otherwise provided in accordance with this Chapter.

d. That the amount of noise, odors, vibrations, smoke, dust and air

discharges of the proposed use shall be equal to or less than the

present use; and

e. That the hours of operation of the proposed use will be compatible

with the existing, surrounding land uses; and

f. That the proposed use will not increase the adverse impact

on surrounding properties.

g. Additionally, in the shoreland zone, the Planning Board shall

require written documentation from the applicant, regarding

the probable effects on public health and safety, erosion and

sedimentation, water quality, fish and wildlife habitat,

vegetative cover, visual and actual points of public access to

waters, natural beauty, floodplain management,

archaeological and historic resources, and functionally waterdepended

uses.

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Amend Sec. 70-262., Areas, by adding a new subsection (b)(9) as follows:

(a) The resource protection district includes areas in which development would

adversely affect water quality, productive habitat, biotic systems, or scenic and

natural values.

(b) This district shall include:

(1) Freshwater wetlands and areas within 250 feet, horizontal distance, of the

upland edge of freshwater wetlands as depicted on the Official Zoning Map.

(2) Floodplains. Floodplains 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.

(3) Slopes. Areas having sustained slopes greater than 25 percent, or

unstable soil subject to slumping, mass movement, or severe erosion,

when these areas are two acres or more in size.

(4) Water supply. Town water supply protection.

(5) Wildlife habitat. Significant wildlife habitat.

(6) Scenic areas. Natural sites of significant scenic or aesthetic value.

(7) Natural areas. Areas designated by federal, state or town governments as

significant natural areas to be protected from development.

(8) Other areas depicted on the Official Zoning Map.

(9) Areas of two (2) or more contiguous acres supporting wetland

vegetation and hydric soils, which are not part of a freshwater

wetland as defined, and which are not surficially connected to a

water body during the period of normal high water.

Amend Sec. 70-612., (Roads and driveways) as follows:

The following standards shall apply to the construction of roads and/or driveways

and drainage systems, culverts and other related features within the shoreland

zone:

(1) Roads and driveways shall be set back at least 75 feet, horizontal

distance, from the normal high-water line of water bodies, tributary

streams, or the upland edge of a wetland unless no reasonable

alternative exists as determined by the planning board. If no other

reasonable alternative exists, the planning board may reduce the road

and/or driveway setback requirement to no less than 50 feet, horizontal

distance, upon clear showing by the applicant that appropriate techniques

will be used to prevent sedimentation of the water body, tributary stream

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or wetland. Such techniques may include, but are not limited to, the

installation of settling basins, and/or the effective use of additional ditch

relief culverts and turnouts placed so as to avoid sedimentation of the

water body, tributary stream, or wetland. On slopes of greater than 20

percent the road and/or driveway setback shall be increased by ten feet,

horizontal distance, for each five percent increase in slope above 20

percent. This subsection shall not apply to approaches to water crossings

or to roads or driveways that provide access to permitted structures

and/or facilities located nearer to the shoreline due to an operational

necessity, excluding temporary docks for recreational uses. Roads

and driveways providing access to permitted structures within the

setback area shall comply fully with the requirements of this

subsection except for that portion of the road or driveway necessary

for direct access to the structure.

Amend Sec. 70-732. (Clearing or Removal of Vegetation for Activities Other
Than Timber Harvesting) as follows:

(2) Except in areas as described in subsection (1) of this section, and except

to allow for the development of permitted uses, within a strip of land

extending 75 feet, horizontal distance, from any other water body,

tributary stream or the upland edge of a freshwater wetland, a buffer strip

of vegetation shall be preserved as follows:

a. There shall be no cleared opening greater than 250 square feet in

the forest canopy (or other existing woody vegetation if a forest

canopy is not present) as measured from the outer limits of the

tree or shrub crown. However, a footpath not to exceed ten six

feet in width as measured between tree trunks and/or shrub stems

is permitted provided a cleared line of sight to the water through

the buffer strip is not created.

b. Selective cutting of trees within the buffer strip is permitted

provided that a well-distributed stand of trees and other natural

vegetation is maintained. For the purposes of this section a welldistributed

stand of trees shall be defined as maintaining a

minimum rating score of 16 per 25-foot by 50-foot (1250 square

feet) rectangular area as determined by the following rating

system:

10.23.09 JAM