Maine Revised Statutes Title 38 Sec. 957-B – Limited Residential District
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1. Areas to be included. The Limited Residential District shall include lands within the corridor which may be suitable for development, but which are not necessary for the growth of areas of intensive development. The Limited Residential District shall serve as the residuary district and shall include all areas within the corridor which are not included in the Resource Protection or General Development Districts.
[PL 1979, c. 459, §1 (NEW).]
Terms Used In Maine Revised Statutes Title 38 Sec. 957-B
- Accepted road: means a state, county or town road which is under the control of state, county or municipal authorities and maintained at public expense. See Maine Revised Statutes Title 38 Sec. 952
- Building: means any structure, regardless of the materials of which it is constructed, which has a roof or partial roof supported by columns or walls, used or intended to be used for the habitation, enclosure or shelter of persons or animals or to provide uses which include, but are not limited to, working, office, display, sales, storage or parking space. See Maine Revised Statutes Title 38 Sec. 952
- Development: means the carrying out of any significant earthmoving, grading, dredging, filling, building, construction or mining operation; the deposit of refuse or solid or liquid wastes on a parcel of land other than agricultural utilization of animal wastes; the making of any material change in noise levels, thermal conditions or emissions of waste material; the commencement or change in the location of advertising; or the alteration of a shore, bank or floodplain of an estuary, river or pond. See Maine Revised Statutes Title 38 Sec. 952
- District: means a specified area of land or water within the corridor, delineated on the district boundary map, within which certain regulations and requirements apply under this chapter. See Maine Revised Statutes Title 38 Sec. 952
- lands: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72
- Public right-of-way: is a n improved roadway maintained for passage by motor vehicles in which the owner of fee does not control the right of passage. See Maine Revised Statutes Title 38 Sec. 952
- Tributary stream: means a channel between defined banks and associated flood plain wetlands. See Maine Revised Statutes Title 38 Sec. 952
- Wetlands: means marshes, bogs, swamps and other areas exceeding 1,000 square feet, periodically covered by water which exhibit predominantly aquatic vegetation. See Maine Revised Statutes Title 38 Sec. 952
2. Uses for which no permit from the commission is required. Uses for which no permit from the commission is required within the Limited Residential District shall include those uses for which no permit from the commission is required within the Resource Protection District.
[PL 1979, c. 459, §1 (NEW).]
3. Uses allowed by permit. Uses within the Limited Residential District which may be allowed by permit shall include:
A. Uses allowed by permit within the Resource Protection District; [PL 1979, c. 459, §1 (NEW).]
B. Roads; [PL 1979, c. 459, §1 (NEW).]
C. Commercial establishments related, necessary and accessory to uses allowed without permit, except as prohibited by subsection 4; [PL 1979, c. 459, §1 (NEW).]
D. Home occupations or enterprises; [PL 1979, c. 459, §1 (NEW).]
E. Single-family residences and accessory structures meeting all of the following performance standards:
(1) The minimum lot frontage on the river measured at the normal or mean high water line is 100 feet;
(2) The minimum setback of any building is 100 feet from the normal or mean high water line of the river and is 75 feet from the normal or mean high water line of any tributary stream;
(3) The combined river frontage and setback of any building is not less than 500 feet;
(4) The structures and fill do not encroach on the 100-year floodplain;
(5) Where there is an accepted road or public right-of-way, as of March 19, 1974, within 500 feet of the normal or mean high water mark of the river with different land ownership on either side of the road or public right-of-way, the landowner on the far side of the road or public right-of-way from the river has an aggregate of setback from the river and frontage on the far side of the road or public right-of-way equal to 500 feet;
(6) Where there is a recorded subdivision, as of March 19, 1974, “frontage,” for the purposes of determining compliance with this section, means lot frontage on the side of the lot nearest to and most nearly parallel to the river; and
(7) Where a landowner, as of March 19, 1974, owns a lot abutting land owned by a public utility, and the public utility land lies between the abutting landowner’s lot and the river, “frontage,” for the purpose of determining compliance with this section, means the frontage on the side of the lot abutting that public utility land that is nearest to and most nearly parallel to the river; [PL 1995, c. 171, §7 (AMD).]
F. Libraries and firehouses; [PL 1979, c. 459, §1 (NEW).]
G. Public utility structures; [PL 1979, c. 459, §1 (NEW).]
H. Necessary expansion or enlargement of nonconforming uses; and [PL 1979, c. 459, §1 (NEW).]
I. Reconstruction of nonconforming structures damaged or destroyed by casualty. [PL 1979, c. 459, §1 (NEW).]
[PL 1995, c. 171, §7 (AMD).]
4. Prohibited uses. Prohibited uses within the Limited Residential District shall include:
A. Hotels, motels, mobile home parks and trailer courts; [PL 1979, c. 459, §1 (NEW).]
B. Restaurants, cafeterias or other commercial establishments involved in the preparation or sale of food or other beverages; [PL 1979, c. 459, §1 (NEW).]
C. Commercial uses other than those undertaken and permitted pursuant to subsections 2 and 3; [PL 1979, c. 459, §1 (NEW).]
D. Any fill or deposit of materials, or dredging or alteration of wetlands, not permitted as accessory to uses allowed within this district; [PL 1979, c. 459, §1 (NEW).]
E. Manufacturing and industrial uses; [PL 1979, c. 459, §1 (NEW).]
F. Hospitals and clinics; [PL 1979, c. 459, §1 (NEW).]
G. Billboards; and [PL 1979, c. 459, §1 (NEW).]
H. All uses prohibited in the General Development District. [PL 1979, c. 459, §1 (NEW).]
[PL 1979, c. 459, §1 (NEW).]
SECTION HISTORY
PL 1979, c. 459, §1 (NEW). PL 1995, c. 171, §7 (AMD).