LAND USE ZONING ORDINANCE OF THE TOWN OF MOUNT DESERT ENACTED MARCH 6, 1978 AMENDED JUNE 21, 1978 AMENDED AUGUST 4, 1980 AMENDED MARCH 2, 1981 AMENDED MARCH 7, 1983 AMENDED MARCH 5, 1984 AMENDED MARCH 4, 1985 AMENDED MARCH 3, 1986 AMENDED MARCH 2, 1987 AMENDED OCTOBER 24, 1988 AMENDED MARCH 6, 1989 AMENDED MARCH 5, 1990 AMENDED MARCH 4, 1991 AMENDED MAY 20, 1991 AMENDED OCTOBER 7, 1991 AMENED MARCH 2, 1992 AMENDED MARCH 2, 1993 AMENDED MARCH 8, 1994 AMENDED MARCH 7, 1995 AMENDED JUNE 6, 1995 AMENDED MARCH 6, 1996 AMENDED MARCH 4, 1997 AMENDED MARCH 3, 1998 AMENDED MARCH 8, 2000 AMENDED MARCH 7, 2001 AMENDED MARCH 5, 2002 AMENDED MARCH 4, 2003 AMDNED MARCH 2, 2004 AMENDED MARCH 8, 2005 AMENDED MARCH 7, 2006 AMENDED MARCH 6, 2007 AMENDED MAY 6, 2008 AMENDED MAY 5, 2009 AMENDED NOVEMBER 16, 2009 AMENDED MAY 4, 2010 AMENDED MAY 3, 2011 AMENDED May 8, 2012 AMENDED July, 25, 2013 AMENDED FEBRUARY 24, 2014

Town of Mount Desert Land Use Zoning Ordinance As amended at Special Town Meeting February 24, 2014

MT. DESERT LAND USE ZONING ORDINANCE TABLE OF CONTENTS

Page(s) SECTION 1. PREAMBLE 1.1 1.2 1.3 1.4 1.5 Premises .................................................................................................................. 1-1 Assumptions ............................................................................................................. 1-1 Purpose .................................................................................................................... 1-1 Intent ........................................................................................................................ 1-1 Authority ................................................................................................................... 1-1

SECTION 2. GENERAL PROVISIONS 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 Continuation of Lawful Use ...................................................................................... 2-1 Conformity with Ordinance ....................................................................................... 2-1 Subdivision Requirements ....................................................................................... 2-1 Conditional Uses ...................................................................................................... 2-1 Change of Ownership .............................................................................................. 2-1 Land Transfers from Acadia or Maine ...................................................................... 2-1 Amendments ........................................................................................................... 2-1 Separability .............................................................................................................. 2-2 Effective Date ........................................................................................................... 2-2 Repeal of Prior Ordinances ...................................................................................... 2-2 Applicability .............................................................................................................. 2-3 Availability ................................................................................................................ 2-3

SECTION 3. LAND USE DISTRICTS 3.1 3.2 3.3 3.4 3.5 Districts .................................................................................................................... 3-1 Land Use Map ......................................................................................................... 3-2 Map Changes ........................................................................................................... 3-3 Permitted, Conditional, and Excluded Uses by District ............................................ 3-4 Dimensional Requirements for Districts…………………………………………………3-11

SECTION 4. NON-CONFORMING CONDITIONS 4.1 4.2 4.3 4.4 4.5 4.6 Purpose .................................................................................................................... 4-1 General .................................................................................................................... 4-1 Non-conforming Structures ...................................................................................... 4-1 Non-conforming Uses…………………………………………………………………... 4-4 Non-Conforming Lots ............................................................................................... 4-4 Functional Land Divisions ……………………………………………………………….4-5

SECTION 5. CONDITIONAL USE APPROVAL 5.1 5.2 5.3 5.4 5.5 5.6 General Requirement ............................................................................................... 5-1 Application................................................................................................................ 5-1 Waiver ……………………………………………………………………………………..5-1 Review Procedures .................................................................................................. 5-1 Deadline for Establishment of Use ........................................................................... 5-3 Amendment .............................................................................................................. 5-3

5.7 5.8 5.9

Reconsideration ....................................................................................................... 5-3 Appeal ...................................................................................................................... 5-3 Standards ................................................................................................................. 5-3

SECTION 6. STANDARDS FOR USES, PERMITS AND APPROVALS 6A GENERAL PERFORMANCE STANDARDS 6A.1 6A.2 6A.3 6A.4 6A.5 6A.6 6A.7 6A.8 6A.9 6A.10 Compatibility ............................................................................................................. 6-1 Erosion Control ........................................................................................................ 6-1 Highway Safety ........................................................................................................ 6-2 Impact on Town Services ......................................................................................... 6-2 Land Suitability ......................................................................................................... 6-3 Lighting - Outdoor .................................................................................................... 6-3 Stormwater .............................................................................................................. 6-4 Vegetation ................................................................................................................ 6-6 Preserving the Town’s Character ............................................................................. 6-7 Nuisances ............................................................................................................... 6-7 6B SPECIFIC PERFORMANCE STANDARDS 6B.1 6B.2. 6B.3 6B.4 6B.5 6B.6 6B.7 6B.8 6B.9 6B.10 6B.11 6B.12 6B.13 6B.14 6B.15 6B.16 6B.17 Agriculture ................................................................................................................ 6-7 Air Landing Sites ...................................................................................................... 6-7 Beach Construction .................................................................................................. 6-8 Boat Storage ............................................................................................................ 6-8 Campgrounds ........................................................................................................... 6-8 Driveway Construction ............................................................................................. 6-8 Excavation or Filling………..……………………………………………………………. 6-9 Fences and Walls ..................................................................................................... 6-9 Home Occupations and Home Office ....................................................................... 6-9 Lots…………………………………………………………………………………………6-10 Manufactured Homes ............................................................................................. 6-11 Mineral Exploration and Extraction ........................................................................ 6-11 Mobile Homes, Campers, Trailers, etc. .................................................................. 6-12 Sanitary Standards ................................................................................................. 6-13 Sign Regulations .................................................................................................... 6-13 Vehicles, Unregistered ........................................................................................... 6-15 Wireless Communication Facilities…………….…………………………………..…. 6-15 6C SHORELAND ZONING STANDARDS 6C.1 6C.2 6C.3 6C.4 6C.5 6C.6 6C.7 6C.8 6C.9 6C.10 6C.11 6C.12 Agriculture .............................................................................................................. 6-25 Archaeological Sites ............................................................................................... 6-26 Clearing .................................................................................................................. 6-26 Commercial And Industrial Uses ............................................................................ 6-29 Essential Services .................................................................................................. 6-30 Parking Areas ......................................................................................................... 6-30 Marine and Freshwater Structure Performance Standards .................................... 6-31 Principal and Accessory Structures ....................................................................... 6-33 Roads and Driveways ............................................................................................ 6-36 Septic Waste Disposal ........................................................................................... 6-38 Timber Harvesting………………………………………………………………………...6-39 Water Quality……………………………………………………………………………...6-40

SECTION 7. CODE ENFORCEMENT OFFICER 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 Appointment ............................................................................................................. 7-1 Duties ....................................................................................................................... 7-1 Permits Required ..................................................................................................... 7-2 Permit Application .................................................................................................... 7-2 Procedures for Administering Permits ...................................................................... 7-3 Violations .................................................................................................................. 7-5 Disputes and Appeals .............................................................................................. 7-5 Notification of Town Manager .................................................................................. 7-5 Enforcement ............................................................................................................. 7-5 Penalties .................................................................................................................. 7-6 Consent Agreement ................................................................................................. 7-6

SECTION 8. DEFINITIONS ................................................................................................ 8-1

TOWN OF MOUNT DESERT LAND USE ZONING ORDINANCE

SECTION 1. PREAMBLE

1.1

Premises. The Town of Mount Desert has a unique natural setting and has few rivals which can equal the combination or extent of its tidal and fresh water bodies, more than 50 miles of shoreland, mountains, and woodland. These natural assets form the basis of an environment of unusual beauty and recreational possibilities. Long-standing appreciation of these features has fostered traditions of resource conservation as well as diversified community development - there being a dozen different villages and residential localities or neighborhoods in the Town, each with its individual character which the vast majority of the residents desire to maintain. Assumptions. The future of the Town will depend largely on the balance achieved between conservation and development. On the one hand, every effort should be made to conserve the best of the natural as well as man-made aspects of the environment. On the other hand, there must be adequate opportunities for the development of additional residential, commercial, and recreational facilities within the Town. Growth must be controlled in accordance with the standards set forth in the Comprehensive Plan so that the essential character of each neighborhood is maintained. Purpose. The purpose of this Ordinance is to carry out the intent of the Comprehensive Plan of the Town; to safeguard the comfort, convenience, safety, health, and welfare of the people; to preserve the Town's cultural and aesthetic resources; to protect the environment; and to promote the development of an economically sound and stable community. Intent. To achieve its purpose this Ordinance is intended to carry out the Town's policy that use and development of land and water within the Town be guided in accord with the expressed desires of the residents of the Town. Accordingly, this Ordinance prescribes standards and limitations for the implementation of this policy. Responsibility for the maintenance and enforcement of this Ordinance is entrusted to the Planning Board, Code Enforcement Officer, Board of Appeals, and Selectmen. It is the intent of this Ordinance to regulate the use of all lands and waters, population, density and distribution, and the size and location of all structures so as to: (1) permit an increase in the number of residences, recreational facilities, and commercial enterprises in ways which avoid public disadvantage; (2) lessen congestion on and promote the safety and efficiency of roads and highways; (3) protect and enhance existing public and private property and the value inherent therein; and (4) insure the appropriate use of land, water, and air, and the conservation of natural resources. Authority. This Ordinance has been prepared in accordance with the provisions of Title 38 Sections 435-449 and Title 30-A Section 3001 of the Maine Revised Statutes Annotated.
Page 1-1

1.2

1.3

1.4

1.5

SECTION 2 GENERAL PROVISIONS

Similar uses. Unspecified Uses which are substantially the same as, or having effects the same as, the uses listed in Section 3.4 shall be treated the same as those listed uses. Similarity shall be determined by the Planning Board in strict compliance with the standards set forth in Section 6 and with other pertinent provisions of this Ordinance. Any use or activity not listed in Section 3.4 shall be excluded unless the Planning Board, in accordance with Section 3.4, determines that it is similar to a specified use. 2.1 Continuation of Lawful Use. Any structure or property in the Town devoted to a lawful use at the time of adoption of this Ordinance may continue in such use until abandoned. Conformity with Ordinance. No building or land shall hereafter be used or occupied, and no part thereof shall be constructed, moved, or structurally altered except in conformity with the regulations herein specified for the district in which it is located. Each undeveloped newly created lot shall meet the dimensional requirements of the district in which it is located. Subdivision Requirements. Each subdivision requires approval by the Planning Board in accordance with provisions of this Ordinance, the Subdivision Ordinance and the Comprehensive Plan. Any new lot exempt by State law from Subdivision Ordinance review must be reviewed by the Code Enforcement Officer prior to executing any conveyance of property rights. Functional land divisions of lots are allowed provided the lots are as conforming as possible, reviewed, and approved by the Planning Board. Conditional Uses. Conditional uses may be permitted only after review and approval by the Planning Board, and only if specific provisions for such conditional uses are made in this Ordinance. The Standards of Section 6A and the applicable standards of Section 6B and 6C of this Ordinance shall apply at all times. Change of Ownership. When an owner and a prospective owner have signed a purchase-and-sale agreement, which may be conditional upon favorable action by the Planning Board, the prospective owner may apply for a Conditional Use Approval, and the Planning Board shall act upon the application. Land Transfers from Acadia or Maine. Land transferred from Acadia National Park or the State of Maine to the Town of Mount Desert shall be placed in the Resource Protection district. Land transferred from Acadia National Park or the State of Maine to private ownership shall be placed in the Conservation district. This property shall subsequently be rezoned upon recommendation of the Planning Board and the Board of Selectmen and vote of Town Meeting. Amendments. Amendments to the provisions of this Ordinance may be made only by a majority vote of the eligible voters present at any regular or special Town meeting. 1. Public hearing. The Planning Board shall have held a public hearing on the proposed change after a notice has been posted in the municipal office at least fourteen (14) days before the public hearing and the notice has been published at
Page 2 - 1

2.2

2.3

2.4

2.5

2.6

2.7

least two (2) times in a newspaper with local circulation. The date of the first publication must be at least fourteen (14) days before the public hearing and the date of the second publication must be at least seven (7) days before the public hearing. For any zoning change that has the effect of either prohibiting all industrial, commercial, or retail uses where any of these uses were permitted or permitting any industrial, commercial, or retail uses where any of these uses were prohibited, such notice must be given to the owner of each parcel within the Town located within the geographic area affected by the amendment, and to the owner of each parcel of land abutting the portion of the Town affected by the proposed amendment. Notice must be mailed at least fourteen (14) days before the public hearing. The Town shall maintain a certified list of the mailing. Notice of the public hearing shall in all respects be given in accordance with state law. Notice is not required under this paragraph for any type of zoning ordinance adopted under the laws governing growth management contained in chapter 187, subchapter II or the laws governing shoreland zoning. 2. Proposed amendments. Proposed amendments may be submitted by the Planning Board or by a petition to the Planning Board with the same number of signatures as required for submission to referendum, said signatures to be of legal residence or of property owners of the Town. 3. Report to Selectmen. The Planning Board shall have reported in writing to the Selectmen its opinion on the desirability of the proposed change, which opinion shall represent the vote of not less than three (3) members of the Planning Board. If the Planning Board has not submitted its report within thirty (30) days following the public hearing, its concurrence with the proposed change shall be assumed. 4. Amendment requirements in addition to state law. The foregoing is in addition to other methods of amendment provided in state law. 2.8 Separability. The legal invalidity of any section or provision of this Ordinance shall not affect the validity of this Ordinance as a whole or any part thereof. Whenever a provision of this Ordinance conflicts with or is inconsistent with another provision of this Ordinance or of any other ordinance, regulation or statute administered by the municipality, the more restrictive provision shall control. 2.9 Effective Date of Ordinance and Ordinance amendments. This Ordinance and amendments shall take effect upon its adoption by a majority of the eligible voters present at a regular or special Town meeting and when a copy has been filed with the Department of Environmental Protection. A certified copy of the Ordinance, or Ordinance amendment, attested and signed by the Municipal Clerk, shall be forwarded to the Commissioner for approval. If the Commissioner fails to act on this Ordinance or Ordinance amendment, within forty-five (45) days of his/her receipt of the Ordinance, or Ordinance amendment, it shall be automatically approved. Repeal of Prior Ordinances. All zoning ordinances heretofore enacted by the Town are hereby repealed. Uses permitted by such prior zoning ordinances but not permitted by this Ordinance shall be considered as non-conforming uses subject to the provisions of
Page 2 - 2

2.10

Section 4. Uses in violation of prior zoning ordinances, which also constitute violations of this Ordinance shall not be construed as non-conforming uses. 2.11 Applicability The provisions of this Ordinance shall apply to all areas of the Town of Mt. Desert including all land areas 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. This Ordinance also applies 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 wetland. 2.12 Availability A certified copy of this Ordinance 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 Ordinance shall be posted.

Page 2 - 3

SECTION 3 LAND USE DISTRICTS

3.1

Districts. The fifteen Land Use Districts into which the Town is divided are generally defined below. It is important to note that exact dimensional and use designations for each such district as set forth in Sections 3.4 and 3.5 shall be controlling and shall constitute the exact definition of each such Land Use District. VILLAGE COMMERCIAL (VC): village areas, accessible to public sewer, deemed appropriate for commercial development. SHORELAND COMMERCIAL (SC): areas allocated to marine activities which are dependent upon shore access. VILLAGE RESIDENTIAL ONE (VRI): village areas, with public sewer, deemed appropriate for intensive residential development. VILLAGE RESIDENTIAL TWO (VRII): village areas on public sewer deemed suitable for development on lots not less than 20,000 square feet RESIDENTIAL ONE (R1): areas where, because of the existing character of the neighborhood, lots of one acre are deemed appropriate. RESIDENTIAL TWO (R2): areas where residential development, because of the existing character of the neighborhood or the characteristics of the land, shall be on lots of two acres or larger. SHORELAND RESIDENTIAL ONE, TWO, THREE, FIVE (SR1, SR2, SR3, SR5): areas with uses similar to other residential districts, but which are located within the shoreland zone. RURAL OR WOODLAND TWO, THREE (RW2, RW3): areas where retaining the rural or wooded character of the district is desired, and to allow uses consistent with this character. Minimum lot sizes shall be two or three acres as deemed appropriate. RESOURCE PROTECTION (RP) The Resource Protection District includes areas in which development would adversely affect water quality, productive habitat, biological ecosystems, or scenic and natural values. This district shall include the following areas when they occur within the limits of the shoreland zone, exclusive of the Stream Protection District, except that areas which are currently developed and areas which meet the criteria for the Shoreland Commercial need not be included within the Resource Protection District. 1. 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, as defined in Section 8, 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 Department. Coastal wetlands are rated as of January 1, 1973, and freshwater wetlands are rated as of December 31, 2008. For the Page 3-1

purposes of this paragraph “wetlands associated with great ponds and rivers” shall mean areas characterized by non-forested 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. 2. 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 coastal wetland as shown on FEMA's Flood Insurance Rate Maps or Flood Hazard Boundary Maps. 3. Areas of two or more contiguous acres with sustained slopes of 20% or greater. 4. Areas of two (2) 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. 5. Land areas along rivers subject to severe bank erosion, undercutting, or river bed movement, and lands adjacent to coastal wetlands which are subject to severe erosion or mass movement, such as steep coastal bluffs. CONSERVATION (C): areas of natural character where limited use of low intensity may be permitted by the Planning Board on a case by case basis with the issuance of Conditional Use Approval. Structures may be permitted. STREAM PROTECTION DISTRICT (SP): all land areas within seventy-five (75) feet, horizontal distance, of the normal high-water line of a stream, exclusive of those areas within two-hundred and fifty (250) feet, horizontal distance, of the normal high-water line of a great pond, or river, or within two hundred and fifty (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 two-hundred and fifty (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. 3.2 Land Use Map 1. The districts are shown on a map entitled "Town of Mount Desert, Maine, Land Use District Map", dated May 3, 2011, which is hereby made part of this Ordinance, together with changes and a copy of which shall remain on file in the Town Office available for public inspection during normal working hours. 2. Normally the boundary lines of land use districts will follow property lines or center lines of roads, other public rights of way, or streams. Exceptions shall be designated on the Map. Page 3-2

3. If amendments are made in the district boundaries or other matters portrayed on the Land Use District Map, such changes shall be made on the Land Use District Map within thirty (30) days after the amendment has been approved by the Department of Environmental Protection when applicable. 3.3 Map Changes: Amended at: Town Meeting March 2, 1992 change Map 29 Lot 2-3 to Shoreland Commercial. Town Meeting March 2, 1993 change Map 10 Lots 156 and 157 from Shoreland Residential Two to Residential Two. Town Meeting March 6-7, 1995 change Map 10 Lot 48, known as Ripples Pond Tract, from Resource Protection District to Residential One District. Town Meeting March 4, 1997 change Tax Map 009 Lots 011, 012, 017 001, 017 019, 019 001, 020, 036, 037, 038, 039, 040 001, 068, 069, 070, 071, 072, 073, 075, 076, 077, 078, 079, 080, 081, 082, 083, 084, 085, 086, 087, 088, 089, 090, 092, 093, and Tax Map 010 Lots 010, 012, 013, 014, 015, 016, 017, 018, 018 020, 021, 022, 023, 024, 024 001 from Residential Two to Residential One. 002, 074, 091, 001,

Town Meeting March 4, 1997 change Tax Map 011 Lot 029-002 (Bartlett’s Landing) from Resource Protection to Shoreland Commercial. Town Meeting March 2, 2004 change Tax Map 9 Lot 8-2, Tax Map 17 Lots 22-3, 22-2, 22-1 from Shoreland Residential Five to Residential Two. Town Meeting March 2, 2004 change Tax Map 10 Lot 67 from Shoreland Residential Five to Rural Woodlands Three, except for the area 250 feet from the shore which will become Shoreland Residential Two. Town Meeting March 8, 2005 change Tax Map 5 Lot 13-1 from Shoreland Residential 2 to Residential 1. Town Meeting March 8, 2005 change Tax Map 7 Lot 65 from Rural Woodlands Three to Residential 2, except for the area 250 feet from the shore which will become Shoreland Residential Two. Special Town Meeting November 16, 2009 & Town Meeting May 4, 2010 changed a portion of lots within 250’ of the two hundred and fifty (250) feet, horizontal distance, of the normal high-water line of any great pond; within 250 feet, horizontal distance, of the upland edge of a coastal wetland, including all areas affected by tidal action; within 250 feet of the upland edge of a freshwater wetland; or within seventy-five (75) feet, horizontal distance, of the normal highwater line of a stream. from Shoreland Residential 2, 3 & 5, Conservation, Rural or Woodland 3 & Residential 2 to Resource Protection – Tax Map 2 Lots 28, 282, 28-3, 31-5, 31-6, Tax Map 3 Lots 3-2, 18-1, 18-5, 19, 19-1, 20, 21, 30, 48, 49, 51, 53, 54, Tax Map 5 Lots 20, 59-2, 59-3, Tax Map 7 Lots 89, 92, 94, Tax Map 9 Lots 10-6, 52-1, 52-2, 53, 59, Tax Map 10 Lots 49, 50, 52, 53, 54, 54-1, 55, 59, 60, 61, 82, 85, 184, Tax Map 11 Lot 7, Tax Map 12 Lot 6, Tax Map 13, Lot 2, Tax Map 29 Lots 1-1, 2-1, Page 3-3

Special Town Meeting November 16, 2009 & Town Meeting May 4, 2010, added Stream Protection District. Town Meeting May 3, 2011 change Tax Map 3 Lots 4-1, 4-2, 4-9, 6-1, 57, Tax Map 5 Lots 19, 59-3 Tax Map 7 Lots 48-2, 7-50, 7-104, Tax Map 9 Lots 97, 98, 99, 100, 101, 102, 103, 104, 105,106,107,107-3,108, 109, 110, 111, 113, 114, 120, 120-9, 120-10, 120-10-1,120-11, Tax Map 8 Lots 5, 5-1,Tax Map 10 Lots 1, 2, 3, 4, 4-1, 5, 67, 67-2, 69, 69-1, 70, 112-4, 112-6, 113, 114, 118, 119, 120, 121,122, 122-2, 122-4, 123, 123-3, 123-4, 123-8, 123-11, 123-12, 123-13, 12314, 131, 132, 135-1, 135-2, 139, 145, 146, 147, 152, 155, 156, 157, 158, 159, 161, 162, 163, 192-13, 193-1, 193-2, 193-3, 193-5, 193-7, 193-8, 193-9, 193-10, 193-15, 194, Tax Map 11 Lots 95-3, 96, 97, 98, 105, 107, 109, 125, 128, Tax Map 12 Lots 13-3, 13-6, 13-9, 13-12, 13-13-1, 12-14, 15-1, 15-2, 15-3, 15-4, 16, 17, 18, 19, 19-1, 19-2, 19-3, 20, 23-3, 31-4, Tax Map 13 Lot 2, Tax Map 15 Lots 18, 18-1, Tax Map 18 Lots 2-2, 2-3, Tax Map 20 Lot 1, 2-1, 2-2, Tax Map 21 Lots 7, 10-1, 10-2, 11, 12, 13-1, 14, Tax Map 23 Lots 23, 28-1, 28-2, 29-1, 31, 43, 44, Tax Map 25 Lots 24-1, 25, 28-2, 29-1, 29-4, 30-1, 31, Tax Map 27 Lots 12, 13-1, 14-1, 18, Tax Map 29 Lots 9, 10-1, 10-2, 11, Tax Map 30 Lots 42, 43, 44, 45. (see zoning map for zoning district changes)

3.4

Permitted, Conditional, and Excluded Uses by District: All land use activities, as indicated in the following table, shall conform with all of the applicable land use standards in Sections 6.A., 6.B., and 6.C. The district designation for a particular site shall be determined from the Official Land Use Zoning map. P C X CEO VRI VRII R1 R2 SR1 SR2 SR3 SR5 RW2 RW3 VC SC RP C SP Permitted (but a Building Permit is required for new structures) Conditional Use Approval Required (approved by the Planning Board) Excluded Requires permit from CEO VILLAGE RESIDENTIAL ONE VILLAGE RESIDENTIAL TWO RESIDENTIAL ONE RESIDENTIAL TWO SHORELAND RESIDENTIAL ONE SHORELAND RESIDENTIAL TWO SHORELAND RESIDENTIAL THREE SHORELAND RESIDENTIAL FIVE RURAL OR WOODLAND TWO RURAL OR WOODLAND THREE VILLAGE COMMERCIAL SHORELAND COMMERCIAL RESOURCE PROTECTION CONSERVATION STREAM PROTECTION See table of uses on following pages Page 3-4

Section 3.4 Permitted, Conditional, and Excluded Uses by District LAND USE: Districts SR 1 SR 2 SR 3 SR 5

VR 1 VR 2 RESIDENTIAL Dwelling 1 & 2 family (a), (b) Dwelling, Multiple (b) Accessory structures including structural additions and guest houses (a), (c) Cluster and Workforce Subdivisions Mobile Home Park
(a) (b)

R1 R2

RW 2 RW 3

VC

SC

C

RP

SP

P C

P C

P(d) C

P C

C C

C(d) X

C C

C8 X

C4 X

P

P

P

P

P

P

P

C8

C4

C C

C X

X X

C X

C X

X X

X X

X X

X X

But a building permit is required for new structures See definition: Single Family Dwelling/A-Health Care (c) A separate garage is an accessory structure. A separate garage with a dwelling unit shall be deemed a dwelling unit. (d) See Section 6B.10.3 (Lots)

RECREATIONAL (NON-COMMERCIAL) Animal Husbandry Individual Private Campsites Indoor Recreational facilities Livestock (hoofed) Motorized Vehicular traffic on existing roads and trails Outdoor, non-intensive recreation, not requiring structures, such as: hiking, skiing Outdoor recreation facilities, such as for tennis, golf, boating, swimming Yard & Garage Sales 3 days or less per year C X C C C X C C C X C C P X C P X X C X X X X X C X C C X X X X X X X X

P

P

P

P

P

P

P

P

X

P

P

P

P

P

P

P

P

P

C

C

C

C

C

C

C

X

X

P

P

P

P

P

P

P

X

X

Page 3-5

LAND USE:

Districts SR 1 SR 2 SR 3 SR 5

VR 1 VR 2 PUBLIC Church, school, library, museum, community building State. Federal & Municipal Buildings Park, playground, recreation structures Municipal activities Cemeteries COMMERCIAL Accessory structures Agriculture Animal Husbandry Aquaculture Auto repair, sales Auto service, filling Boat building Boat storage, repair, service Boat marina Campground Commercial fishing Commercial Materials: Bulk storage Retail Sales Wholesale sales P X X X X X C X NA X C

R1 R2

RW 2 RW 3

VC

SC

C

RP

SP

C

C

X

C

C

X

X

X

X

C

C

X

C

C

C

X

X

X

C C X

C C X

X C X

C C C

C C X

X C X

X C X

X X X

X X X

P X X X X X C X NA X C

P X X X X X X X X X X

P P P C C X C C NA X C

P X X X C C C C NA X X

P X X C X X C C C X C

P X X X X X X X X X X

X X X X X X X X X X X

X X X X X X X X X X X

X X X

X X X

X X X

C C C

X C X

X C X

X X X

X X X

X X X

Excavations (gravel pits) Fish processing

X X

X X

X X

X X

X X

X C

X X

X X

X X

Page 3-6

LAND USE:

Districts SR 1 SR 2 SR 3 SR 5 CEO

VR 1 VR 2 Home occupation Horticulture: nurseries, greenhouses/sale of products Hotel/Motel Mineral Exploration Mineral Extraction Piers, Docks, Wharves, Bridges and other Structures and Uses Extending over or below the Normal High-Water line or within a wetland (refer to Section 6C.7) Office Building Office Building: bank Public utilities Recreational: indoor recreational facilities Recreational: outdoor recreation facilities, such as tennis, golf, boating, swimming Restaurant Retail Stores: clothing, hardware, paints, grocery, books, art, gifts, antiques, etc. Services 1: personal (wholly enclosed), hairdressing, barber, tailor, dressmaker, sewing, tanning parlor, etc. Services 2: (wholly enclosed) electrician, carpentry, interior decoration, upholstery, etc. CEO

R1 R2 CEO

RW 2 RW 3 CEO

VC

SC

C

RP

SP

CEO CEO

CEO

C

X

C X X X

C X X X

X X X X

C X X X

P C X X

X X X X

X X X X

X X X X

X X X X

X C X C

C C X C

C X X C

C C X C

X P P C

C X X C

C X X C

X X X X

X X X X

X

X

X

C

C

X

X

X

X

C X

C X

C X

C C

C C

C X

C X

X X

X X

X

X

X

C

P

X

X

X

X

C

C

C

C

P

X

C

X

X

C

C

X

C

P

X

X

X

X

Page 3-7

LAND USE:

Districts SR 1 SR 2 SR 3 SR 5 X

VR 1 VR 2 Services 3: (not wholly enclosed) construction, masonry, plumbing, painting, carpentry Seasonal produce sales (including firewood) Storage of construction equipment & heavy vehicles Timber harvesting Yard & garage sales more than 3 days per year Wind Energy Conservation System MISCELLANEOUS Clearing or Removal of Vegetation for activities other than timber harvesting Essential Services A. Roadside distribution lines (34.5kv and lower) P B. Non-roadside or crosscountry distribution lines involving ten poles or less in the shoreland zone C. Non-roadside or crosscountry distribution lines involving eleven or more poles in the shoreland zone D. Other essential services Excavation or Filling < 10 cubic yards Excavation or Filling of 10 to 50 cubic yards P X

R1 R2 X

RW 2 RW 3 C

VC

SC

C

RP

SP

C

X

X

X

X

CEO X CEO or C

CEO X CEO or C

CEO X CEO or C

CEO C CEO or C

CEO CEO X X CEO CEO or C or C

CEO X CEO or C

X X X

X X X

C

C

C

C

C

C

C

X

X

X

X

C

C

X

X

X

X

X

P

P

CEO

P

P

CEO

P

C8

C4

P

CEO9

P

P

CEO9

P

C6

C

P

P

CEO

P

P

CEO

P

C6

C6

P P

P P

C C

P P

P P

C C

P P

C6 C6 C8

C6 C6 C4

P

P

CEO

P

P

CEO

CEO

P

CEO

P

P

CEO

P

C8

C4

Page 3-8

LAND USE:

Districts SR 1 SR 2 SR 3 SR 5 CEO C P

VR 1 VR 2 Excavation or Filling of >50 to 150 cubic yards Excavation or Filling of > 150 cubic yards Fire Prevention Activities CEO C P

R1 R2 CEO C P

RW 2 RW 3 CEO C P

VC

SC

C

RP C8 C8 X

SP C4 C4 P

CEO CEO C P C P

CEO C P

Forest Management Activities except for timber harvesting & land management roads P Land management roads Parking lot Private sewage disposal systems for allowed uses Road & driveway construction Service drops, as defined, to allowed uses P Soil and Water Conservation Practices P C

P P C

P P X

P P C

P P C

P P C

P P C

X P X

P C X

LPI

LPI

LPI

LPI

LPI

LPI

LPI

LPI C7, 8

LPI C7,4

CEO

CEO

CEO

CEO

CEO CEO

CEO

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

Small non-residential facilities for educational, scientific, or nature interpretation purposes P Structures accessory to allowed uses Wildlife Management Practices Uses similar to permitted uses Uses similar to uses requiring Conditional Use Approval Uses similar to uses requiring a CEO permit

P

CEO

P

P

CEO

P

X C8

C4

P

P

P

P

P

P

P

C

P

P

P

P

P

P

P

P

P

P C

P C

P C

P C

P C

P C

P C

P C

P C

CEO

CEO

CEO

CEO

CEO CEO

CEO

CEO

CEO

Page 3-9

Note: Some footnotes have been deleted. – namely 1,2,3 & 5. 4,6,7,8 & 9 retained. 4 Provided that a variance from the setback requirement is obtained from the Board of Appeals; otherwise the setback is 75 feet. Any Excavation or Filling must be limited to that necessary for the construction of approved structures. 6 See further restrictions in Section 6C.5.2 7 Only as provided in Section 6C.9.3 8 Single family dwelling and/or accessory structures may be allowed by special exception for lots located in the Resource Protection District and designated on the Zoning Map as within areas of two or more contiguous acres with sustained slopes of 20% or greater as provided in Section 7.5.3, Special Exceptions. Two-family residential structures are prohibited. Any Excavation or Filling must be limited to that necessary for the construction of approved structures. 9 Permit not required, but must file a written “notice of intent to construct” with CEO. NOTE: A person performing any of the following activities shall require a permit from the Department of Environmental Protection, pursuant to 38 M.R.S.A. section 480-C, if the activity occurs in, on, over or adjacent to any freshwater or coastal wetland, great pond, river, stream or brook and operates in such a manner that material or soil may be washed into them: A. Dredging, bulldozing, removing or displacing soil, sand, vegetation or other materials; B. Draining or otherwise dewatering; C. Filling, including adding sand or other material to a sand dune; or D. Any construction or alteration of any permanent structure.

Page 3-10

Section 3.5 Dimensional Requirements for Districts: minimum area, width of lots, setbacks, etc.
DISTRICTS DIMENSIONS see Notes (b) (i) (j) (h¹) MINIMUM LOT SIZE: A. with public sewer B. without public sewer. C. Cluster Subdivision w/sewer* D. Cluster Subdivision w/o sewer* E. Workforce Subdivision* * see Note (k) MINIMUM WIDTH OF LOTS: Shore Frontage on road** -Cluster Subdivision* -Workforce Subdivision* * see Note (l) **See Note (m) SETBACKS FROM: normal high water line of a water body (stream), tributary stream or upland edge of a wetland Great Ponds public or private road* property lines** * see Note (c)* ** see Note (d) MAXIMUM LOT COVERAGE MINIMUM DISTANCE BETWEEN PRINCIPAL BUILDINGS Continued... 10,000 sq ft 1 acre 5,000 sq ft 20,000 sq ft State Minimum 20,000 sq ft 1 acre 10,000 sq ft 20,000 sq ft State Minimum 1 acre 1 acre 20,000 sq ft 20,000 sq ft State Minimum 2 acres 2 acres 1 acre 1 acre State Minimum VR1 VR2 R1 R2

N/A 75 ft 50 ft -0- ft

N/A 100 ft 50 ft -0- ft

N/A 100 ft 50 ft -0- ft

N/A 100 ft 50 ft -0- ft

75 ft N/A 20 ft 10 ft

75 ft N/A 30 ft 15 ft

75 ft N/A 30 ft 15 ft

75 ft N/A 30 ft 25 ft

40% 20 ft

40% 20 ft

40% 20 ft

40% 20 ft

Page 3-11

Section 3.5 Dimensional Requirements for Districts: minimum area, width of lots, setbacks, etc. DISTRICTS DIMENSIONS see Notes (b) (i) (j) (h²) MINIMUM LOT SIZE: with public sewer without public sewer MINIMUM WIDTH OF LOTS: Shore Frontage on road* * See Note (m) SETBACKS FROM: normal high water line of a water body (stream), tributary stream or upland edge of a wetland Great Ponds (*n) public or private road* property lines (d)** * see Note (c) ** see Note (d) MAXIMUM LOT COVERAGE MINIMUM DISTANCE BETWEEN PRINCIPAL BUILDINGS Continued... 1 acre N/A 250 ft 150 ft 2 acres 2 acres 250 ft 150 ft 3 acres 3 acres 250 ft 150 ft 5 acres 5 acres 250 ft 150 ft SR1 see Note (f) SR2 see Note (f) SR3 see Note (f) SR5 see Note (f)

75 ft 100 ft (n) 50 ft 25 ft 15% 30 ft

75 ft 100 ft (n) 50 ft 25 ft 15% 30 ft

75 ft 100 ft (n) 50 ft 25 ft 15% 30 ft

75 ft 100 ft (n) 50 ft 25 ft 15% 30 ft

Page 3-12

Section 3.5 Dimensional Requirements for Districts: minimum area, width of lots, setbacks, etc. DISTRICTS DIMENSIONS (b) (i) (j) (h¹) MINIMUM LOT SIZE: A. with public sewer B. without public sewer C. Cluster Subdivision w/sewer* D. Cluster Subdivision w/o sewer* E. Workforce Subdivision* * See Note (k) MINIMUM WIDTH OF LOTS: on shore on road:** -Cluster Subdivision* -Workforce Housing* * see Note (l) ** See Note (m) SETBACKS FROM: normal high water line of a water body (stream), tributary stream or upland edge of a wetland Great Ponds (*n) public or private road* property lines** * see Note (c) ** see Note (d) MAXIMUM LOT COVERAGE MINIMUM DISTANCE BETWEEN PRINCIPAL BUILDINGS 2 acres 2 acres 1 acre 1 acre State Minimum 3 acres 3 acres 1.5 acres 1.5 acres State Minimum 5,000 sq ft 1 acre see note (g) see note (g) see note (g) 1 acre 1 acre N/A N/A N/A 3 acres 3 acres N/A N/A N/A RW2 RW3 VC see Note (g) SC see Note (g) (e) C

250 ft 175 ft 50 ft -0- ft

250 ft 175 ft 50 ft -0- ft

N/A 20 ft 50 ft -0- ft

100 ft 50ft N/A N/A

250 ft 150 ft N/A N/A

75 ft

75 ft

75 ft

75 ft

75 ft

N/A 60 ft

N/A 60 ft

N/A 10 ft or -0- ft from edge of public sidewalk 5 ft(o)

100 ft.(n) 25 ft

100 ft (n) 50 ft

25 ft

25 ft

5 ft

25 ft

15 % 30 ft

15% 30 ft

75% N/A

70% 10 ft

15% 30 ft

Page 3-13

Section 3.5 Dimensional Requirements for Districts: setbacks, etc. NOTES:

minimum area, width of lots,

(a) Uses in Conservation District are regulated by Section 3.4. (b) All distances shall be measured horizontally in a straight line. (c) Measured from edge of road surface, or edge of legally established right of way if no road exists. (d) In all districts restrictions on setback of structures from property lines may be varied or nullified by written agreement with the abutting property owner. Said agreement or a copy of said agreement showing signatures shall be filed at the Municipal Office. (e) The minimum SC setback from shoreline is 75 feet except for functionally water-dependent structures. (f) A newly created lot, any portion of which is within the State Mandated Shoreland Zone, and which increases the number of lots wholly or partially within the State Mandated Shoreland Zone, must have at least the minimum shore frontage required by this section. This footnote only applies to lots bordering on a great pond, fresh water or coastal wetland. (g) Primary residential use in a Commercial District must meet the dimensional requirements of the adjacent residential district. This requirement does not apply to projects that include covenants held by a qualified workforce housing entity. (h¹) Height: Structures in any non-Shoreland district shall not exceed forty (40) feet. In exceptional cases, which meet the standards of this Ordinance and will not adversely affect the skyline of the Town, Conditional Use Approval may be issued, notwithstanding the above height limitations. Placement of fill to circumvent this height requirement is prohibited. (h²) Height: Structures in any Shoreland district shall not exceed thirty-five (35) feet. Placement of fill circumvent this height requirement is prohibited. (i) All lot lines abutting a road in a subdivision approved after March 4, 1997 shall run to the middle of the road's right-of-way. (j) Lots abutting a cul-de-sac may have a width of lot on a road or right-of-way that is not less than 50% of the minimum width of lot required for the District in which it is located, provided that the width of lot at the required setback from a road or right of way equals the normal required width of lot for the District in which it is located. (k) Minimum Lot Size for Cluster Subdivision and Workforce Housing development shall only apply to lots in a subdivision that is approved by the Planning Board under the cluster development provisions. (l) Minimum Width Requirements for Cluster Subdivision and Workforce Housing development shall only apply to lots in a subdivision that is approved by the Planning Board under the cluster development provisions.

Page 3-14

(m) Lot Width for certain lots. A back lot or lots shall be exempt from the lot width at the road (road frontage) requirements; provided that the lot is serviced by a driveway that has a minimum travel surface width of 12 feet, a minimum unobstructed width of 14.5 feet, and a minimum vertical clearance of 14.5 feet and is located within a legally established, at least thirty-foot-wide, easement running from a public or private way to the lot. If more than 2-lots are to be accessed, then a road meeting the Street Design and Construction Standards of Section 5.14 of the Subdivision Ordinance shall be required. (Added May 2008, amended May 4, 2010, May 3, 2011 & May 8, 2012.) (n) The setback from the normal high-water line of a great pond is 100 feet, except for these lots where the setback is 75 feet, indicated below. Map-Lot IDs for 75

ft. setback

Map-Lot IDs for 100

ft. setback

Long Pond & Echo Lake: All Lots Little Round Pond: 012-018 012-019 012-019-001 Round Pond: 011-120 011-122 011-123 011-124 012-013 Little Echo Lake: 009-098 009-099 009-100 009-101 009-102 Little Round Pond: 012-015-001 012-020

Round Pond: 011-90 011-118 011-119

Little Echo Lake: 009-107 009-120-010 009-120-011 009-097 009-107-003

(Added November 16, 2009)
(Amended May 3, 2011) (o) Setback from property lines in Village Commercial: New or newly renovated structures on the following lots and any future subdivision of said lots may have a -0- foot side-setback if constructed in accordance with the current editions of the NFPA 101 Life Safety Codes & NFPA 5000 Building Construction and Safety Code, Maine State adopted codes, except on the side where affected lots abut structures whose primary use is residential. Rear setbacks are unaffected. Tax Map 024: Lots 063-002, 073 through 081, 081-001, 082 through 086, 088 through 090, 102, 104, 106 through 108, & 109-003/109-004 Tax Map 026: Lots 004-001, 004002, 008-002, & 057 through 063. (Added May 3, 2011)

Page 3-15

SECTION 4 NON CONFORMING USES

4.1

Purpose. It is the intent of this Ordinance to promote land use conformities, except that non-conforming conditions that existed before the effective date of this Ordinance or amendments thereto shall be allowed to continue, subject to the requirements set forth in Section 4. Except as otherwise provided in this Ordinance, a non-conforming condition shall not be permitted to become more non-conforming. General 1. Transfer of Ownership. Non-conforming structures, lots, and uses may be transferred, and the new owner may continue the non-conforming use or continue to use the non-conforming structure or lot, subject to the provisions of this Ordinance. 2. Repair and Maintenance. This Ordinance allows, without a permit, the normal upkeep and maintenance of non-conforming uses and structures including repairs or renovations that do not involve expansion of the non-conforming use or structure, and such other changes in a non-conforming use or structure as federal, state, or local building and safety codes may require. 3. Structures made non-conforming because they fail to meet the setback: Any principal structure or accessory structures made non-conforming by adoption or amendment of the Land Use Zoning Ordinance of the Town of Mount Desert which is non-conforming because of a failure to meet the setback requirements of Section 3.5 may be reconstructed, or extended, providing that such work otherwise complies with all provisions of this Ordinance.

4.2

4.3

Non-conforming Structures 1. Determination of conformity. In all Shoreland Zoning Districts the Planning Board is responsible for determining whether conformity is met to the greatest practical extent. In all other districts the Code Enforcement Officer is responsible for determining whether conformity is met to the greatest practical extent. 2. Expansions in the shoreland zone(s). A non-conforming structure may be added to or expanded after obtaining a permit from the same permitting authority as that for a new structure, if such addition or expansion does not increase the nonconformity of the structure and is in accordance with subparagraphs 1 and 2 & 3 below. 1. 30% Limit. After January 1, 1989 if any portion of a structure is less than the required setback from the normal high-water line of a water body or tributary stream or the upland edge of a wetland, that portion of the structure shall not be expanded, as measured in floor area or volume, by more than 30%, during the lifetime of the structure. 2. Expansion of Replacement Structure. If a replacement structure conforms with the requirements of Section 4.3.4, and is less than the required setback
Page 4 - 1

from a water body, tributary stream or wetland, the replacement structure may not be expanded if the original structure existing on January 1, 1989 had been expanded by 30% in floor area and volume since that date. 3. Foundation. Whenever a new, enlarged, or replacement foundation is constructed under a non-conforming structure, the structure and new foundation must be placed such that the setback requirement is met to the greatest practical extent as determined by the Planning Board or Code Enforcement Officer, basing its decision on the criteria specified in Section 4.3.3 Relocation. 3. Relocation. A non-conforming structure may be relocated within the boundaries of the parcel on which the structure is located provided that the site of relocation conforms to all setback requirements to the greatest practical extent as determined by the Planning Board or Code Enforcement Officer, and provided that the applicant demonstrates that the present subsurface sewage disposal system meets the requirements of State law and the State of Maine Subsurface Wastewater Disposal Rules, or that a new system can be installed in compliance with the law and said Rules. In no case shall a structure be relocated in a manner that causes the structure to be more non-conforming. In determining whether the building relocation meets the setback to the greatest practical extent, the Planning Board or Code Enforcement Officer shall consider the size of the lot, the slope of the land, the potential for soil erosion, the location of other structures on the property and on adjacent properties, the location of the septic system and other on-site soils suitable for septic systems, and the type and amount of vegetation to be removed to accomplish the relocation. When it is necessary to remove vegetation within the water or wetland setback area in order to relocate a structure, the Planning Board shall require replanting of native vegetation to compensate for the destroyed vegetation. In addition, the area from which the relocated structure was removed must be replanted with vegetation. Replanting shall be required in the shoreland zone only, as follows: 1. Trees removed in order to relocate a structure must be replanted with at least one native tree, three (3) feet in height, for every tree removed. If more than five trees are planted, no one species of tree shall make up more than 50% of the number of trees planted. Replaced trees must be planted no further from the water or wetland than the trees that were removed. Other woody and herbaceous vegetation, and ground cover, that are removed or destroyed in order to relocate a structure must be reestablished. An area at least the same size as the area where vegetation and/or ground cover was disturbed, damaged, or removed must be reestablished within the setback area. The vegetation and/or ground cover must consist of similar native vegetation and/or ground cover that was disturbed, destroyed or removed.

Page 4 - 2

2. Where feasible, when a structure is relocated on a parcel the original location of the structure shall be replanted with vegetation which may consist of grasses, shrubs, trees, or a combination thereof. 4. Reconstruction or Replacement. Any non-conforming structure which is located less than the required setback from a water body, tributary stream, wetland and which is removed, or damaged or destroyed, regardless of the cause, by more than 50% of the market value of the structure, as determined by an appraiser, before such damage, destruction or removal, may be reconstructed or replaced provided that a permit is obtained within eighteen (18) months of the date of said damage, destruction, or removal, and provided that such reconstruction or replacement is in compliance with the water body, tributary stream or wetland setback requirement to the greatest practical extent as determined by the Planning Board or Code Enforcement Officer in accordance with the purposes of this Ordinance. In no case shall a structure be reconstructed or replaced so as to increase its non-conformity. If the reconstructed or replacement structure is less than the required setback it shall not be any larger than the original structure, except as allowed pursuant to Section 4.3.2 above, as determined by the non-conforming floor area and volume of the reconstructed or replaced structure at its new location. If the total amount of floor area and volume of the original structure can be relocated or reconstructed beyond the required setback area, no portion of the relocated or reconstructed structure shall be replaced or constructed at less than the setback requirement for a new structure. When it is necessary to remove vegetation in order to replace or reconstruct a structure, vegetation shall be replanted in accordance with Section 4.3.3 above. Any non-conforming structure which is located less than the required setback from a water body, tributary stream, or wetland and which is removed by 50% or less of the market value as determined by an appraiser, or damaged or destroyed by 50% or less of the market value as determined by an appraiser the structure, excluding normal maintenance and repair, may be reconstructed in place if a permit is obtained from the Code Enforcement Officer within one year of such damage, destruction, or removal. In determining whether the structure reconstruction or replacement meets the setback to the greatest practical extent the Planning Board or Code Enforcement Officer shall consider, in addition to the criteria in Section 4.3.2 above, the physical condition and type of foundation present, if any. 5. Change of Use of a Non-conforming Structure. The use of a non-conforming structure may not be changed to another use unless the Planning Board, after receiving a written application, determines that the new use will have no greater adverse impact than the existing use on; a. the subject or adjacent properties and resources; or b. water body, tributary stream, or wetland
Page 4 - 3

4.4

Non-conforming Uses 1. Expansions. Expansions of non-conforming uses are prohibited, except that nonconforming residential uses may, after obtaining a permit from the Planning Board, be expanded within existing residential structures or within expansions of such structures as allowed in Section 4.3.2 above. 2. Resumption Prohibited. A lot, building or structure in or on which a nonconforming use is discontinued for a period exceeding one year, or which is superseded by a conforming use, may not again be devoted to a non-conforming use except that the Planning Board may, for good cause shown by the applicant, grant up to a one year extension to that time period. This provision shall not apply to the resumption of a use of a residential structure provided that the structure has been used or maintained for residential purposes during the preceding five (5) year period. 3. Change of Use. An existing non-conforming use may be changed to another nonconforming use provided that the proposed use has no greater adverse impact on the subject and adjacent properties and resources, including water dependent uses than the former use, as determined by the Planning Board. The determination of no greater adverse impact shall be made according to criteria listed in Section 4.3.5 above.

4.5

Non-conforming lots 1. Non-conforming Lots: A non-conforming lot of record as of the effective date of this Ordinance or amendment thereto may be built upon, without the need for a variance, provided that such lot is in separate ownership and not contiguous with any other lot in the same ownership, and that all provisions of this Ordinance except lot area, lot width and shore frontage can be met. Variances relating to setbacks shall be obtained by action of the Board of Appeals. 2. Contiguous Built Lots: If two or more contiguous lots or parcels are in a single or joint ownership of record at the time of adoption of this Ordinance, if all or part of the lots do not meet the dimensional requirements of this Ordinance, and if a principal use or structure exists on each lot, the non-conforming lots may be conveyed separately or together, provided that the State Minimum Lot Size Law (12 M.R.S.A. sections 4807-A through 4807-D) and the State of Maine Subsurface Wastewater Disposal Rules are complied with. If two or more principal uses or structures existed on a single lot of record on the effective date of this ordinance, each may be sold on a separate lot provided that the above referenced law and rules are complied with. When such lots are divided each lot thus created must be as conforming as possible to the dimensional requirements of this Ordinance. 3. Contiguous Lots - Vacant or Partially Built: If two or more contiguous lots or parcels are in single or joint ownership of record at the time of or since adoption or amendment of this Ordinance, if any of these lots do not individually meet the
Page 4 - 4

dimensional requirements of this Ordinance or subsequent amendments, and if one or more of the lots are vacant or contain no principal structure the lots shall be combined to the extent necessary to meet the dimensional requirements. This provision shall not apply to 2 or more contiguous lots, at least one of which is non-conforming, owned by the same person or persons on the effective date of this Ordinance and recorded in the registry of deeds if the lot is served by a public sewer or can accommodate a subsurface sewage disposal system in conformance with the State of Maine Subsurface Wastewater Disposal Rules; and 1. Each nonconforming lot is located in the Village Commercial or Village Residential 1 District and either: a. Is served by a public sewer; or b. Can accommodate a subsurface sewerage disposal system in conformance with the State of Maine Subsurface Wastewater Disposal Rules; or 2. Each nonconforming lot located in any other district is either served by a public sewer or can accommodate a subsurface sewage disposal system in conformance with the State of Maine Subsurface Wastewater Disposal Rules; and a. Each lot abutting a great pond, freshwater or coastal wetlands contains at least 100 feet of shore frontage and at least 20,000 square feet of lot area; or b. Any lots abutting a great pond, freshwater or coastal wetlands that do not meet the shore frontage and lot size requirements of Section 4.5.3.1 are reconfigured or combined so that each new lot contains at least 100 feet of shore frontage and 20,000 square feet of lot area. 4.6 Functional Land Divisions. Functional land divisions of lots are allowed provided the lots are as conforming as possible, reviewed, and approved by the Planning Board. The Planning Board will determine whether each division is a distinct, separate, and historical residential use. The following criteria shall be met for a functional land division to be approved: 1. The dwelling unit(s) located on the property all predate the adoption of this Ordinance or any amendment thereto which made the structures nonconforming. 2. The structures located on the property, together with appropriate curtilage (i.e. yard area used with and around structure/s), were separately occupied and used by tenants at the time of the adoption of this Ordinance or any amendment thereto which made the structures non-conforming.
Page 4 - 5

3. The proposed use reflects the nature and purpose of the use prevailing when the zoning legislation took effect. 4. There is not created a use different in quality or character, as well as in degree. 5. The current use is not different in kind in its effect on the neighborhood.

Reconstruction or Replacement. Any predated structures which are removed, or damaged or destroyed, regardless of the cause, by more than 50% of the market value of the structure, as determined by an appraiser, before such damage, destruction or removal, may not be reconstructed or replaced under any circumstances.

Page 4 - 6

SECTION 5 CONDITIONAL USE APPROVAL

5.1

General requirement No person may establish or expand a conditional use without first obtaining Conditional Use Approval of the Planning Board in accordance with the procedure described in this section. The granting of Conditional Use Approval shall in no way relieve any such person from the obligation to obtain a Town building permit and such other permits and approvals as may be required by local ordinances and state and federal laws.

5.2

Application Application for Conditional Use Approval shall be made to the Planning Board in such forms as the Planning Board may require. Application shall be made by a person who has some right, title, or interest in the property. The complete application form, evidence of payment of the required fees, and the required plans and related information must be submitted to the Code Enforcement Officer.

5.3

Waiver. The Planning Board may waive any of the submission requirements based upon a written request of the applicant. Such request must be made at the time of the initial review of the application. A waiver of any submission requirement may be granted only if the Board makes a written finding that the information is not required to determine compliance with the standards. Fees shall not be waived. Review Procedures Pre-Application Procedures – Prior to submitting a Conditional Use Approval Application an applicant or authorized agent may request to appear at a regular meeting of the Planning Board to discuss the proposed project. The pre-application review shall not be construed as representing either the pendency or the commencement of the application process per se. Formal Application Procedures – The review procedures set forth below may, at the Planning Board’s discretion, be undertaken at a single meeting. 1. Determination of completeness. Following receipt of a formal Conditional Use Approval application, the Planning Board shall review the material and determine whether or not the submission is complete. If the application is determined to be incomplete, the Board shall notify the applicant in writing of this finding, shall specify the additional materials required to make the application complete and shall advise the applicant that the application will not be considered by the Board until the additional information is submitted to the Board. These steps, except the notification requirements, shall be repeated until the application is found to be complete. 2. Notification of completeness. As soon as the Board determines that the application is complete, the Board shall notify the applicant of this finding and issue a dated receipt.

5.4

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3. Public hearing and notice of meeting. On each application for Conditional Use Approval the Planning Board shall hold a public hearing not less than ten (10) days after public notice. The Planning Board shall send notice of each public hearing by first class mail to all abutting property owners and shall publish such notice in a newspaper with local circulation at the applicant's expense. The notice shall include the date, time, and place of the meeting at which the application will be considered. 4. Planning Board Decision 1. Written Decision. Within thirty (30) days after the later of 1) the public hearing or 2) the date on which the applicant furnished all information reasonably requested by the Planning Board, the Planning Board shall render its decision in writing, and such decision shall be signed by all voting members of the Planning Board. 2. Findings of fact. In issuing its decision, the Planning Board shall make written findings of fact establishing that the proposed Conditional Use does or does not meet the standards of approval and other requirements of the Town. If the decision is adverse to the applicant it shall include a statement of findings of fact and of reasons in support of the decision. If the Planning Board attaches restrictions or conditions to the Conditional Use Approval, those restriction or conditions shall be listed on the Conditional Use Approval. The Planning Board shall issue a Conditional Use Approval only when in its majority opinion the applicant has demonstrated by clear and convincing evidence that the proposed use meets the standards of Section 6A and the applicable standards of Sections 6B and 6C. In issuing a Conditional Use Approval the Planning Board may attach such restrictions and conditions to such approval as it deems necessary to insure compliance with the standards of Section 6A and the applicable standards of Sections 6B and 6C. 3. Notification. The Board shall notify the applicant, and all parties who requested to be notified of the action of the Board, including the findings of fact, and any conditions of approval, as well as draft and final copies of the meeting minutes. This requirement can be met through the distribution of minutes of the meeting containing the findings of fact and decision of the Board. 5. On-site inspection. The Planning Board may hold an on-site inspection of the site to review the existing conditions, field verify the information submitted and investigate the proposal. The Board may schedule this visit either before or after the first meeting at which the application is considered. The Board may decide not to hold an on-site inspection when adverse conditions such as weather make such inspection impractical. If an application is pending during a period when adverse conditions such as weather make such inspection impractical, the deadline by which the Planning Board shall take final action on the application as specified in subsection 5.3.4 may be extended, which extension shall not exceed thirty (30) days after the Board is able to conduct an

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on-site inspection. Written notice of the on-site inspection shall be provided to all parties entitled to notice under subsection 5.3.3. 6. Extension of time limits. All time limits provided for in this section may be extended by mutual agreement of the applicant and Planning Board. 5.5 Deadline for establishment of use Unless more restrictive criteria are required in another section of this Ordinance, the proposed use must be established within twelve (12) months of the date of approval of the Conditional Use Application. Otherwise the approval lapses and a new application is required. The beginning of construction or the commencement of business shall constitute establishment. 5.6 Amendment An amendment to a Conditional Use Approval may be issued by the Planning Board only: 1. in conformity with the procedural and substantive requirements set forth in Section 6A and the applicable standards of Section 6B and 6C. 2. on finding that there have been significant changes of conditions or circumstances; and 3. when justified by a statement of findings of fact and reasons. 5.7 Reconsideration A Conditional Use Approval application which has been denied may not be resubmitted for a period of nine (9) months from the denial of the initial application unless there have been significant changes of conditions or circumstances, as determined by the Planning Board. 5.8 Appeal The decision of the Planning Board may be appealed to the Zoning Board of Appeals within 30 days of notice of the Planning Board's final written decision. For this purpose, an applicant shall be deemed to have received notice three days after mailing of the final written decision of the Planning Board to the applicant. Other interested parties shall be deemed to have received notice three days after a copy of the final written decision of the Planning Board has been filed as a public record in the Town Clerk's office. 5.9 Standards The application for Conditional Use Approval shall be approved unless the Planning Board determines that the applicant has failed to meet one or more of the standards of Section 6A and/or one or more of the applicable standards of Section 6B or 6C. In all instances, the burden of proof shall be on the applicant who must produce evidence sufficient to warrant a finding that all applicable standards have been met.

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In addition, in all shoreland areas, after the submission of a complete application to the Planning Board, the Board shall approve an application or approve it with conditions if it makes a positive finding based on the information presented that the proposed use: 1. Will maintain safe and healthful conditions; 2. Will not result in water pollution, erosion, or sedimentation to surface waters; 3. Will adequately provide for the disposal of all wastewater; 4. Will not have an adverse impact on spawning grounds, fish, aquatic life, bird or other wildlife habitat; 5. Will conserve shore cover and visual, as well as actual, points of access to inland and coastal waters; 6. Will protect archaeological and historic resources as designated in the comprehensive plan; 7. Will not adversely affect existing commercial fishing or maritime activities in a Shoreland Commercial district; 8. Will avoid problems associated with floodplain development and use; (In compliance with Floodplain Management Ordinance of the Town of Mount Desert – Amended March 7, 2006.) 9. Is in conformance with the provisions of Sections 6A, 6B and 6C.

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SECTION 6 STANDARDS FOR USES, PERMITS AND APPROVALS The land use standards in this Ordinance shall be applied to permitted as well as to conditional uses in all zoning districts. The Planning Board or Code Enforcement Officer(s) in deciding whether or not to issue a permit or approval shall be governed by the standards set forth in this section. The Planning Board or Code Enforcement Officer(s) may reasonably require an applicant for a permit or approval to furnish at the applicant's expense expert testimony, including documentary material, to prove compliance with such standards. 6A GENERAL PERFORMANCE STANDARDS

6A. 1 Compatibility The proposed use shall be compatible with the permitted uses within the district in which it is located as measured in terms of its physical size, visual impact, proximity to other structures, and density of development. 6A.2 Erosion and Sedimentation Control 1. Soil erosion plan for unstabilized soil. All activities which involve filling, grading, excavation or other similar activities which result in unstabilized soil conditions and which require a permit shall also require a written soil erosion and sedimentation control plan. The plan shall be submitted to the permitting authority for approval and shall include, where applicable, provisions for: 1. Mulching and revegetation of disturbed soil. 2. Temporary runoff control features such as hay bales, silt fencing or diversion ditches. 3. Permanent stabilization structures such as retaining walls or riprap. 2. Development to fit topography. In order to create the least potential for erosion, development shall be designed to fit with the topography and soils of the site. Areas of steep slopes where high cuts and fills may be required shall be avoided wherever possible, and natural contours shall be followed as closely as possible. 3. Erosion control measures. Erosion and sedimentation control measures shall apply to all aspects of the proposed project involving land disturbance, and shall be in operation during all stages of the activity. The amount of exposed soil at every phase of construction shall be minimized to reduce the potential for erosion. 4. Stabilization of bare ground. Any exposed ground area shall be temporarily or permanently stabilized within one (1) week from the time it was last actively
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worked, by use of riprap, sod, seed, and mulch, or other effective measures. In all cases permanent stabilization shall occur within nine (9) months of the initial date of exposure. In addition: 1. Where mulch is used, it shall be applied at a rate of at least one (1) bale per five hundred (500) square feet and shall be maintained until a catch of vegetation is established. 2. Anchoring the mulch with netting, peg and twine or other suitable method may be required to maintain the mulch cover. 3. Additional measures shall be taken where necessary in order to avoid siltation into the water. Such measures may include the use of staked hay bales and/or silt fences. 5. Drainage ways and outlets. Natural and man-made drainage ways and drainage outlets shall be protected from erosion from water flowing through them. Drainage ways shall be designed and constructed in order to carry water from a twenty five (25) year storm or greater, and shall be stabilized with vegetation or lined with riprap.” 6. Removal of sand or gravel. Removal of sand or gravel from natural beaches or the disruption or removal of buffer strips that protect fragile land areas immediately behind a shoreline and on neighboring properties is prohibited. 7. Tilling of soil. Where soil is tilled in a Conservation District, or where soil in excess of twenty thousand (20,000) square feet lying either wholly or partially within the area covered by this Ordinance is tilled in a Rural or Woodland District, such tillage shall be carried out in conformance with the provisions of a Conservation Plan which meets the standards of the State Soil and Water Conservation Commission, and is approved by the appropriate Soil and Water Conservation District. The number of the plan shall be filed with the Planning Board. Non-conformance with the provisions of such Conservation Plan shall be considered to be a violation of this Ordinance. 6A.3 Highway Safety The proposed use shall not cause unreasonable congestion on highways or public roads, or unsafe conditions with respect to the use of highways or public roads existing or proposed. Sufficient off-street parking shall be available. 6A.4 Impact on Town Services The proposed use shall not unduly burden the capacity of the Town's facilities, including public water and sewage, or the ability of the Town to provide essential public services (such as, but not limited to, schools, fire and police protection, refuse collection, and parking) to its residents and visitors.
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6A.5 Land Suitability All uses to be on suitable soils. All land uses shall be located on soils in or upon which the proposed uses or structures can be established or maintained without causing adverse environmental impacts, including severe erosion, mass soil movement, improper drainage, and water pollution, whether during or after construction. Proposed uses requiring subsurface waste disposal, and commercial or industrial development and other similar intensive land uses shall require a soils report based on an on-site investigation and be prepared by state-certified professionals. Certified persons may include Maine Certified Soil Scientists, Maine Registered Professional Engineers, Maine State Certified Geologists and other person who is acceptable to the Planning Board to have training and experience in the recognition and evaluation of soil properties. The report shall be based upon the analysis of the characteristics of the soil and surrounding land and water areas, maximum ground water elevation, presence of ledge, drainage conditions, and other pertinent data which the evaluator deems appropriate. The soils report shall include recommendations for a proposed use to counteract soil limitations where they exist. 6A.6 Lighting - Outdoor 1. Purpose. To establish minimum requirements for outdoor lighting that enhance visibility and public safety by preventing uncontrolled intrusion into adjacent properties and the natural environment. Voluntary best practices are recommended to promote energy conservation and preserve the Town’s night sky which is an important part of the Town’s character. 2. Requirements 1. Full cutoff. All lights greater than *1800 lumens (a 100 watt incandescent light produces 1800 lumens) shall be shielded to direct all light towards the ground. 2. Light trespass. All light shall be directed away from adjacent properties. The light sources in flood and spot lights shall not be directly visible from adjacent properties. High intensity light sources shall not be directly visible to motorists on public roads. 3. Excessive Lighting may not be used to direct attention away from existing business and community lighting. 1. The lighting of structural canopies such as gas station canopies shall not be used to attract attention to the business. Areas under structural canopies shall be illuminated so that the uniformity ratio (ratio of average to minimum illumination) shall be no greater than 5:1 with an average illumination level of not more than 30 footcandles. 2. Light fixtures located on structural canopies shall be mounted so that the lens cover is recessed or flush with the ceiling of the canopy.

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3. Recommended Best Practices: 1. Motion sensors. Use motion sensors to control flood and spot lights. 2. HPS lights. Use high pressure sodium (HPS) lights to minimize sky glow where color recognition is not needed. 3. Non-security parking lights. Turn off non-security parking lot lights after business hours to save energy and protect the night sky. 4. Minimum amount of lighting. Provide the minimum amount of light needed to achieve safe uniform lighting with lights that consume the lowest amount of power possible. 5. Shield or flush mount lights. Fully shield or horizontally flush mount all lights. 6. Signs and flags. Illuminate signs and flags from above and shield all sports lighting. 7. Guidelines for professional design. Request that professionals follow Illuminating Engineering Society guidelines for intensity and uniformity and not to exceed the minimum recommended values. 4. Definitions Lumen: Approximately the amount of light measured one foot from a candle. 1 lumen is approximately 1 foot candle. *A 100 watt incandescent light produces 1800 lumens. 5. Grandfathering. These requirements apply only to new construction and lighting installations. 6A.7 Stormwater 1. Purpose. The direct discharge of stormwater from ditches, swales and developed sites to streams and lakes can contribute to water pollution because stormwater can contain sediment, nutrients, hydrocarbons and other harmful substances. Stormwater can also damage roads, ditches, culverts and other drainage structures that are not designed or sized to accommodate storm flows. These problems can worsen when an undeveloped woody site is cleared for development since stormwater that was previously intercepted by vegetation and absorbed into the ground is allowed to flow more freely across and off of the site. The closer postproject stormwater flows are kept to pre-project conditions in terms of volume, rate, timing and pollutant load, the less likely that stormwater will damage the site or public or private property or cause harm to water bodies. Special care needs to be taken on lots that are within 75 feet of a water body and where drainage is towards the water body or on slopes of 25% or greater, or drain to a Town, State of Local roadway drainage system.
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2. Applicability. In any district all new construction, development or other alteration of a lot must be designed to minimize stormwater runoff from the site in excess of the natural predevelopment conditions. 3. Stormwater plan required. For development on all lots the applicant shall submit a Stormwater Management Plan which demonstrates to the satisfaction of the Code Enforcement Officer that stormwater runoff has been minimized, and will not excessively exceed natural predevelopment conditions. In the event that the proposed project includes on-site stormwater conveyance structures, evidence will be provided that insures that these structures have been sized properly and can handle anticipated flows. In the event that a development discharges storm flows into any off-site conveyance and/or control system, evidence will be provided that the off-site systems can handle the anticipated flows without resulting in any adverse conditions. (see Code Enforcement Officer for example of stormwater plan). 4. Vegetated buffer. Lots shall be developed to accommodate vegetated buffers whenever possible. The purpose of the buffer is to intercept and then spread out and soften the flow of water. Stormwater from the developed portion of the site shall be directed by sheet flow to the buffer. This buffer must be located on the down slope side(s) of the lot. If, due to lot orientation, a driveway or other opening must be located within the buffer, it shall be sited so that drainage from the developed portion of the site, including the driveway, can still be directed by sheet flow into the buffer. The buffer requirement may be met as follows: a. Wooded buffer width. If the buffer is presently wooded, it shall be at least 25 feet in width. Removal of trees and other vegetation within the buffer cannot result in any cleared openings or disturbance of the existing forest floor except for removal of dead trees and safety hazards. b. Non-wooded buffer width that revert to woods. A minimum 25-foot wide non-wooded buffer may also be used if it is allowed to revert to woods or is planted with shrubs or similar landscaping which minimizes disturbance of ground vegetation and leaf litter. c. Non-wooded buffer width. If a non-wooded buffer is to be maintained as a field, it shall be at least 50 feet in width and mowing limited to no more than twice per year. d. Buffer alternatives. Berms, detention basins or other alternatives as approved by the Code Enforcement Officer may be used instead of vegetated buffers if they are designed to intercept and then spread out and soften the flow of stormwater without channeling it. The Code Enforcement Officer is authorized to request the review and endorsement of any such alternatives by the Hancock County Soil and
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Water Conservation District, or Maine Registered Professional Engineer the cost of which shall be borne by the Applicant. 5. Natural drainage. Existing swales or drainage courses that carry water through the site are to remain undisturbed to the maximum extent possible. Culverts, stream crossings and other alterations may be permitted if the flow of water is unimpeded as it leaves the property in a manner similar to pre-project conditions and that proper erosion control and stabilization measures are installed at the inlets and outlets. 6. Directing sheet flow to buffers. All disturbed portions of the site, including buildings, lawns and driveways, are to be graded to direct sheet flow of drainage into the buffer areas and not into roadside ditches wherever possible. Any drainage that must be directed to roadside ditches shall be minimized. 7. Filling or grading to protect the shoreline and prevent erosion. On slopes greater than twenty-five (25) percent, there shall be no grading or filling within one hundred (100) feet of the shoreline, except to protect the shoreline and prevent erosion. 8. CEO Inspection. Following completion of lot development, the Code Enforcement Officer or his/her designee shall inspect the lot to verify that the requirements of the Stormwater Standard have been met. Should the Code Enforcement Officer determine that the lot is not in compliance with the Stormwater Standard, he/she shall initiate enforcement action to bring the lot into compliance in accordance with the provisions of this Ordinance. 9. Modifications. The Code Enforcement Officer may approve modifications to the Stormwater Standard if the applicant can demonstrate that the intent of Stormwater Standard will be complied with. In making this determination, the Code Enforcement Officer may request the review and endorsement of the Hancock County Soil and Water Conservation District, or Maine Registered Professional Engineer. The cost of such assistance shall be borne by the applicant. 10. Maintenance. Stormwater runoff control systems shall be maintained as necessary to ensure proper functioning. 6A.8 Vegetation 1. Clearing. Clearing of trees or conversion to other vegetation is allowed for permitted construction provided that: 1. Appropriate measures are taken, if necessary, to prevent erosion when activity is undertaken. 2. The activity is in conformity with Section 6C.3, clearing or removal of vegetation for activities other than timber harvesting. 2. Tree removal near town or state roads. Removal of more than 25% of the trees within 25 feet of any town or state road in any 12 month period (except for those

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required to complete permitted construction) shall require a Conditional Use Approval of the Planning Board. Other woody plants must be retained or replaced with native species. 3. Slash. No accumulation of slash shall be left within 50 feet of any town or state road or within 50 feet of the normal high-water mark of any waterbody, and in shoreland areas shall comply with the standards of Section 6C.3. Slash shall be disposed of so that no part extends more than 4 feet above the ground. 4. CEO Permit. A CEO Permit is required for cutting timber larger than 4 inches in diameter measured 4 ½ feet above ground when the total amount to be cut is greater than 10 cords but less than 50 cords in any one year period. 5. Conditional Use Approval. Conditional Use Approval is required from the Planning Board for cutting timber larger than 4 inches in diameter measured 4 ½ feet above ground when the total amount to be cut is 50 cords or more in any one year period. 6A.9 Preserving the Town's Character The proposed use shall be consistent with protecting the general character of the Town, conserving the natural beauty of the area and shall not tend to change the historical or cultural character of the neighborhood. Such use shall be similar to a use specified as P, CEO or C in Section 3.4 and shall be in accord with the Comprehensive Plan. 6A.10 Nuisances Not withstanding any other standard in this section, the Planning Board shall not issue any Conditional Use Approval for any proposed use which if established would be obnoxious or offensive by reason of odors, dust, smoke, gas, fumes, vibration, noise, outdoor lighting or other objectionable features, nor for any use which would prove injurious to the safety and welfare of the neighborhood.

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6B 6B.1

SPECIFIC PERFORMANCE STANDARDS FOR ACTIVITIES AND LAND USES Agriculture In non-shoreland areas, all spreading or disposal of manure shall be accomplished in conformance with the Manure Utilization Guidelines published by the Maine Department of Agriculture on November 1, 2001, and the Nutrient Management Law (7 M.R.S.A. sections 4201-4209). In shoreland areas, all spreading or disposal of manure shall comply with Section 6C.1.

6B.2

Air Landing Sites No air landing site shall be developed or used for such purpose without Conditional Use Approval of the Planning Board.

6B.3

Beach Construction Beach construction on any great pond, river, stream, brook, or coastal wetland shall require a permit from the State Department of Environmental Protection.

6B.4

Boat Storage No boat in excess of twenty four (24) feet length shall be stored or parked on any residential property within the Town except as such vessel shall be owned or be within the exclusive use or control of the property owner, and shall meet the setback requirements of the district in which the property is located, and in no event shall be stored or parked less than ten (10) feet from the rear line of said property.

6B.5

Campgrounds Campgrounds and Individual Private Campsites are prohibited, and any campgrounds or individual private campsites existing on the effective date of this Ordinance are considered non-conforming.

6B.6

Driveway Construction 1. Primary access driveways. Driveways that provide the primary access from a public or private way to a building shall hereafter be located, constructed, and maintained in such a manner that there is minimal potential for erosion. Adequate provisions shall be made to prevent soil erosion and sedimentation of surface waters and meet the following construction standards: Minimum travel surface width: Minimum unobstructed width: Minimum vertical clearance: 12 feet 14.5 feet 14.5 feet

2. Continuation of compliance. The minimum construction standards must be maintained at all times to provide adequate ingress and egress for emergency vehicles.
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3. Culverts. Culverts with a minimum 15" diameter shall be installed at the end of driveways to provide for adequate drainage at the intersection with public or private ways where ditching exists. 4. Stormwater flow from driveways. Driveways shall be constructed and maintained to meet the following minimum standards: 1. No flow onto streets. The driveway shall be constructed to prevent water or runoff from the driveway from reaching the paved or traveled portion of a public or private street. 2. No flow increase on abutting property. Driveway construction shall not result in an increase in quantity or concentration of pre-construction stormwater flow from the property onto an abutting property. 5. Compliance with stormwater standards. Driveways shall comply with the stormwater standards of Section 6A.7, where applicable. 6B.7 Excavation (other than gravel pits) or filling Excavation or filling shall be permitted in any district only to the extent such activities are essential or are incidental to any permitted, conditional, or other lawful use. Filling, dumping, or excavation of any matter is allowed as specified in Section 3.4 of the Land Use Zoning Ordinance. Appropriate measures shall be taken to prevent erosion during or after the filling or excavation, and the applicable standards of Section 6A.2 shall be complied with. All fill permits are approved for a twelve (12) month period only and expire twelve (12) months from the date of approval. The Code Enforcement Officer may renew either the Code Enforcement Officer permit or the Conditional Use Approval for additional twelve (12) month periods. 6B.8 Fences and walls A solid fence (as opposed to a rail or similar fence) or wall, more than four (4) feet in height, measured vertically from the ground directly beneath the fence or wall, shall require either a Code Enforcement Officer Permit or Conditional Use Approval. Such fences or walls shall not unduly restrict scenic views. The structural side of the fence shall not face the public view. 1. A Code Enforcement Officer Permit may be issued for solid fences or walls up to six (6) feet in height provided that: 1. A setback of six (6) feet is maintained from roads, sidewalks, and right-ofways. 2. It does not obstruct highway visibility. 3. A plan for vegetative screening, in the six (6) foot setback area, is provided that produces a minimum of twenty (20) percent cover of the fence or wall area. The plan must be implemented and maintained.

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2.

Fences or walls that do not meet the above criteria shall require Conditional Use Approval of the Planning Board.

6B.9

Home occupations and home offices Home occupations and home offices (except those of a temporary or casual nature) shall require a permit from the Code Enforcement Officer to insure compliance with the following standards: 1. Home Occupation or Home Office. An income producing activity which is conducted in a residential structure or on residential property and: 1. is compatible with the residential use of the property and surrounding residential uses and; 2. employs, in addition to the resident family member, either: a. no more than three family members residing on the property, or b. no more than two persons (family members or not) who do not reside on the property and; 3. is conducted in a specified structure, existing at the time of the application. No additional structure shall be built or used to accommodate the occupation, without first being granted an amended Conditional Use Approval. 4. All goods sold on the home property must be produced on the home property. 5. Off-street parking may be required. 2. Bed and breakfast. Bed and Breakfast accommodations are permitted in the legal residence of the host/hostess who shall reside on the premises. There shall be not more than three (3) rooms devoted to guests nor more than eight (8) people accommodated. Off street parking is required. Bed and Breakfast Home Occupation shall be excluded in Shoreland Residential districts.

6B.10 Lots 1. Minimum lot size. See section 3.5. 2. Requirements for non-shoreland lots 1. Lots abutting more than one road. Lots which abut more than one road shall have the required width of the lot and setbacks along each road used as an entrance or exit. 2. Additional one-family or two-family dwellings. One-family and two-family dwellings are allowed in all districts, as indicated in Section 3.4. For each additional one-family or two-family dwelling on a lot, all dimensional requirements shall be met separately for each one-family or two-family dwelling.

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3. Minimum area suitable for development. Each lot shall have sufficient area for the construction of buildings without utilizing wetlands. Any floodplains that are used for the construction of buildings shall be subject to the requirements of the Mt. Desert Floodplain Management Ordinance. The applicant shall be responsible for documenting compliance with this requirement. The required area shall be located outside of any setback areas (unless setbacks are reduced pursuant to Section 3.5, footnote d). 4. Lot lines in subdivisions. All lot lines abutting a road in a subdivision approved after March 4, 1997 shall run to the middle of the road's right of way. Lots abutting a cul-de-sac may have a width of lot on a road or right of way that is not less than 50% of the minimum width of lot required for the District in which it is located, provided that the width of lot at the required setback from a road or right of way equals the normal required width of lot for the District in which it is located. 3. Requirements for Shoreland Lots 1. Lots abutting more than one road. Lots which abut more than one road shall have the required width of the lot and setbacks along each road used as an entrance or exit. 2. Minimum area suitable for development. Land below the normal high-water line of a water body or upland edge of a wetland and land serving more than two (2) lots shall not be included toward calculating minimum lot area. 3. Minimum width within 100 feet. The minimum width of any portion of any lot within one hundred (100) feet, horizontal distance, of the normal high-water line of a water body or upland edge of a wetland shall be equal to or greater than the shore frontage requirement for a lot with the proposed use. 4. Multiple structures. If more than one residential dwelling unit, principal governmental, institutional, commercial or industrial structure or use, or combination thereof, is constructed or established on a single parcel, all dimensional requirements shall be met for each additional dwelling unit, principal structure, or use. 6B.11 Manufactured Homes Manufactured homes, or housing, as defined in Section 8, which are structures to be used for residential occupancy and which have a pitched shingle roof, a permanent foundation or masonry slab, piers or walls, and exterior siding of clapboard, cedar shingles, wooden or vinyl material that is residential in appearance are permitted. 6B.12 See the Town of Mount Desert Quarrying License Ordinance

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6B.13 Mobile Homes (temporary), Campers, Trailers and Recreational Vehicles No temporary or older mobile home, camper, trailer, or other recreational vehicle shall be used for human habitation unless it is in a campground or a trailer park which has been established in accord with provisions of this Ordinance. (This provision is not applicable to pre-fabricated modular homes.) Provided, however, that the Code Enforcement Officer may issue a permit authorizing temporary use of a trailer, temporary or older mobile home, camper, or recreational vehicle for residential purposes not exceeding ninety (90) days, only while a home is uninhabitable and under construction or renovation, and only on the same site as the home that is being constructed or renovated. 6B.14 Sanitary Standards 1. Availability of public sewer. All plumbing systems within two hundred (200) feet of a public sewer shall be connected to public sewer where available in accordance with local, state, and federal laws and regulations. The Planning Board may waive this requirement if all other standards of Section 6A and the applicable standards of Section 6B are met. 2. State standards. All subsurface sewage disposal facilities shall be installed in conformance with the State of Maine Subsurface Wastewater Disposal Rules. 6B.15 Sign Regulations 1. Definition. Any outdoor sign, display, device, figure, painting, drawing, message, placard, poster, billboard, or other figure which is designed, intended, or used to advertise or inform. A sign with a double signboard or display area shall be construed to be one sign for the purpose of this Ordinance. 1. Minimum requirement. No sign shall be changed, structurally altered, erected, or relocated except in conformance with this Ordinance. 2. Exempt Signs: The following signs are exempt from the requirements of this ordinance: 1. Government Sign. Municipally authorized directional or informational sign located on property owned, leased or under the control of the Town of Mount Desert. 2. Plaque. An interpretive sign or plaque up to four (4) square feet which identifies or explains a point of articles or historic significance. 3. Signs Prohibited: 1. Off-premise signs. Signs relating to goods or services not sold or rendered on the premises are not permitted, except for those permitted under Subsection 4. 2. Subdivision, multi-family developments. Permanent signs which are visible from the public road identifying an entry or name of a subdivision or multifamily development are not permitted.

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4. Signs Permitted: Temporary Signs: 1. Events. Signs of a temporary, nature, such as political posters, advertisements of special events and functions, notices of meetings, and other signs of a similar nature, are permitted for a period not to exceed thirty (30) days (except banners) and shall be removed by the party erecting the sign. 2. Banners. Banners for special events and functions are permitted for a period of fourteen (14) days. 3. Real estate. A real estate sign up to nine (9) square feet in area (attached to a building or free standing) may be erected advertising the sale, lease, or rental of the premises upon which the sign is located. All signs shall be removed by the owner or agent when the property is sold or leased. 4. Agriculture. Agricultural signs may be erected during the period May 15 through November 1, by growers of fresh fruit and vegetable crops, when such crops are offered for sale on the premises where grown or sold; such signs shall advertise only those fruits and vegetables immediately available. Signs shall not exceed eight (8) square feet in size; must be located within five (5) miles of the farm stand; shall be permitted only during the day crops are offered for sale. Signs must be erected on private property with the landowner's written consent. 5. Construction. One sign up to nine (9) square feet in area identifying a current construction project may be erected. 5. Signs Permitted: Permanent Signs: 1. Bulletin board. A bulletin board or similar sign not exceeding twenty-four (24) square feet in display area in connection with any church, school, library, museum, or similar public structure is permitted. 2. Home occupation. Signs announcing the name, address, and profession of a permitted home occupation or a lawfully existing non-conforming home occupation are allowed, providing such signs do not exceed two (2) square feet in display area. 3. Identification. Identification signs indicating the location of or direction to a private dwelling may be erected on the owner's property. Such signs shall not exceed two (2) square feet in area nor extend higher than five (5) feet above the ground level. Directional signs solely indicating ingress or egress placed at driveway locations, containing no advertising material or display area shall not exceed three (3) square feet nor extend higher than four (4) feet above ground level. 4. General. “No Hunting”, No Trespassing”, and similar signs, of size no larger than 2 square feet are permitted on private land. 5. Directional. Directional signs at intersections of two or more state roads within the Town of Mount Desert are permitted with the approval of the Board of Selectmen and the prior recommendation of the Planning Board, which shall

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be forwarded to the Selectmen by the applicant with their application for a directional sign. 6. General Safety Standards. No sign, whether new or existing, shall hereafter be permitted that causes a sight, traffic, health, or welfare hazard, or results in a nuisance, due to illumination, placement, display, or manner of construction. 1. Projecting signs. No sign shall project over a public right-of-way, but this restriction does not apply to signs over sidewalks. Signs erected after March 1, 1992 shall provide a minimum of ten (10) feet six (6) inches clearance over sidewalks and a minimum of fourteen (14) feet clearance over roads and rights-of-way. 7. Restrictions and Limitations on Signs 1. Permit required. No permanent sign in excess of two (2) square feet shall be erected within the Town of Mount Desert without first acquiring a building permit from the Code Enforcement Officer. 2. Size limit. No sign (except banners) shall exceed thirty-two (32) square feet in area. Nor shall the aggregate of all signs on site pertaining to any business exceed thirty-two (32) square feet in area unless Conditional Use Approval of the Planning Board is obtained. In shoreland areas, no sign shall extend higher than twenty (20) feet above the ground. 3. Section 3 limits. No billboard, banner, streamer, pennant, ribbon, spinner, or similar device shall be erected in any district, except those permitted in Subsection 3.1. 4. Moving parts. No sign shall have visible moving parts, blinking, moving, or glaring illumination, or any part consisting of banners, pennants, ribbons, streamers, spinners, or other similar devices. A string of lights shall not be used for the purpose of advertising or attracting attention. Signs may be illuminated only by shielded non-flashing lights. Neon and other self-illuminating signs are not permitted. For the purpose of this Ordinance, self-illuminated vending and like machines are considered signage. 5. Roof signs. Roof signs shall not be permitted except after the issuance of Conditional Use Approval of the Planning Board. No roof sign shall extend above the roof line of the building. 8. Maintenance and Conformance of Signs: No sign shall hereafter be erected, altered, or changed except in conformity with the provisions of this Ordinance. Notwithstanding any provisions contained herein, however, the sign must be kept clean, neatly painted and free from all hazards, such as, but not limited to, faulty wiring or loose fastenings, and must be maintained at all times in such safe condition. 9. Removal: Any sign now or hereafter existing which no longer advertises a bona fide business conducted, product sold, activity or campaign being conducted, or public notice, shall be taken down and removed by the owner, agent, or person having the
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beneficial use of the building or premises upon which such sign may be found within ten (10) days after the written or personal notification from the Code Enforcement Officer. 6B.16 Vehicles, Unregistered No more than two (2) unregistered and/or uninspected vehicles may be stored on any residential lot, unless said vehicles cannot be viewed from any public way.

6B.17 Wireless Communication Facilities 1. Purpose. The purpose of this subsection is to provide a uniform and comprehensive set of performance standards and requirements to be used by the Planning Board during the Conditional Use Approval process upon review of an application for the placement and construction of a wireless communications tower. These standards and requirements are intended to regulate the location and installation of such facilities in order to: a. Protect and preserve the aesthetic quality of Mount Desert as set forth in the goals, policies and objectives of the adopted Mount Desert Comprehensive Plan. b. Protect and preserve the visual character of the Town and Acadia National Park. c. Protect abutting properties from potential damage from tower failure, falling ice and to prevent other hazards to public safety through careful siting regulations and engineering requirements. d. Require co-location on existing and future wireless communications towers and maximize the use of existing and approved towers and other existing structures such as utility poles and buildings to accommodate new communications antennas in order to reduce the number of new towers needed to serve the community's needs. 2. Exemptions. The following activities and structures are exempt from a Conditional Use Approval: a. A ground, building- or tower-mounted antenna, operated by a federally licensed amateur radio operator as part of the Amateur Radio Service, which is not licensed or used for any commercial purpose. b. Radio or television satellite dish antenna for the sole use of the resident occupying a residential parcel on which the satellite dish is located.

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c. A single ground- or building-mounted receive-only radio or television antenna including any mast, for the sole use of the occupant of a residential parcel on which the radio or television antenna is located. d. A ground- or building-mounted citizens band radio or two-way antenna, including any mast. e. A wireless facility that is integrated into an existing or proposed church steeple, flagpole, light standard, power line support device, water tower, or similar structure. 3. Space requirements. The maximum height of any tower shall not exceed 125 feet, including antenna arrays and other attachments, subject to the approval of the Planning Board with possible conditions and restrictions to meet the purpose of this chapter. 4. Mass of antennas per user. The mass of antennas, including required antenna support structures, on a tower shall not exceed 1,900 cubic feet per array. The Planning Board may allow an increase in the mass if it determines an increase is necessary for the provision of services. The mass shall be determined by the appropriate volumetric calculations using the smallest regular rectilinear, cuboidal, conical, cylindrical or pyramidal geometric shapes encompassing the entire perimeters of the array and all of its parts and attachments. 5. Lot area requirement. A wireless communications tower may be placed on a legally nonconforming lot that does not meet the dimensional requirements of the districts it is in after a finding by the Planning Board that such a tower siting will not jeopardize the health, safety and welfare of surrounding lot owners, and all setback requirements are met. This requirement does not apply to towers and antennas that are exempted in Section 8 – Structure Definition. 6. Setbacks. a. The center of the base of any wireless communications tower must be set back a minimum of 105% of the tower height or the required minimum setback of the district in which it is located, whichever is greater. b. No part of the structure, including anchors, overhead lines, masts, etc., shall be located in the required district setback or in any required buffer area both on the ground or in the air space above the ground. c. Accessory support buildings containing electronic equipment and any other structures accessory to the wireless communications tower shall meet the required district building setback.

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d. If more than one wireless communications tower is proposed on a single lot or parcel, they shall be clustered as closely together as technically possible. e. If other non-accessory uses are located on the same lot or parcel as a tower, all structures associated with such other uses shall be located a minimum distance of 105% of the tower height from the center of the base of the tower. f. Setback requirement cannot be waived by abutting property owner as otherwise allowed in Section 3.5 footnote (d). 7. Co-location requirements. a. Existing towers. Applicants for Conditional Use Approval for a new communications tower must send written notice by certified first-class United States Mail to all other owners of communications towers in the Town and all licensed communications providers utilizing existing towers, regardless of tower location, to service the town, stating their siting needs and/or colocation capabilities in an effort to meet the town co-location requirement. Evidence that this notice requirement has been fulfilled shall be submitted to the Planning Board and shall include a name and address list, copy of the notice which was sent, and a statement, under oath, that the notices were sent as required. An application for a new wireless communications tower must include evidence that existing or previously approved towers cannot accommodate the communications equipment (antennas, cables, etc.) planned for the proposed tower. Such evidence would be: 1. Planned, necessary equipment would exceed the structural capacity of existing and approved towers, considering the existing and planned use of those towers, and existing and approved towers cannot be reinforced to accommodate planned or equivalent equipment. 2. Planned equipment will cause electromagnetic frequency interference with other existing or planned equipment for that tower and the interference cannot be prevented or mitigated. 3. Existing or approved towers do not have space on which planned equipment can be placed so it can function effectively. 4. Other documented reasons that make it technically or financially unfeasible to place the equipment planned by the applicant on existing and approved towers. b. Construction of new towers. A proposal to construct a new wireless communications tower must include evidence that the tower can structurally support a minimum of three antenna arrays for co-location purposes.
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8. Submissions. In addition to all of the relevant Conditional Use Approval Application submission requirements, the following submissions, in a form acceptable to the Planning Board shall be required, unless waived by the Planning Board: a. A report from a professional engineer registered in the State of Maine that describes the communications tower, the technical reasons for the tower design and the capacity of the tower, including the number(s), type(s) and volume of antenna(s) that it can accommodate and the basis for the calculation of capacity. b. For pole-mounted facilities, certification by a professional engineer registered in the State of Maine that the design is adequate to support, without failure, the maximum forces expected from wind, earthquakes, ice/snow loading when the pole is fully loaded with antennas, transmitters, other equipment, and camouflaging, as described in the submitted plan. c. Elevation drawings, cross-sectional area or silhouette, of the facility, drawn to scale and showing all measurements, both linear and volumetric, showing front, sides and rear of the proposed facility, including all fencing, supporting system for transmission cables running between the tower and accessory structures, control panels, antennas, and existing structures and trees. Reference any design characteristics that have the effect of reducing or eliminating visual obtrusiveness. d. Detail of the tower base or method of attachment to a structure. If the facility will be attached to an existing building or structure, measurements and elevations of the structure shall be provided. e. Details of all accessory structures, including buildings, parking areas, utilities, gates, access roads, etc. f. A narrative and demonstration detailing: 1. The extent to which the proposed facility would be visible from scenic resources as determined by the Planning Board and from Acadia National Park. 2. The tree line elevation of vegetation within 300 feet of the proposed tower. 3. The distance to the proposed facility from the designated scenic resources.

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g. A visual impact assessment, which shall include a photo montage, field mockup, or other techniques, shall be prepared by or on behalf of the applicant who identifies the potential visual impacts at design capacity, of the proposed facility. Consideration shall be given to views from public areas as well as from private residences and from Acadia National Park, archaeological and historic resources, including historic districts, areas and structures, specifically those listed in the National Register of Historic Places, or eligible for inclusion. The analysis of the impact on historical and archaeological resources shall meet the requirements of the Maine State Historic Preservation Officer in his/her review capacity for the FCC. The overall analysis shall assess the cumulative impacts of the proposed facility and other existing and foreseeable communications facilities in the area and shall identify and include all feasible mitigation measures consistent with the technological requirements of the proposed communications service. h. Site photos showing vegetation, existing and adjacent structures and views of and from the proposed site. Topography of and land uses on the proposed parcel and on abutting properties. i. Landscaping plan showing location of proposed screening and fencing, planting areas, proposed plantings, existing plant materials to be retained and trees or shrubs to be removed. j. Identification of any other communications facilities existing or proposed on the site.

k. A written description of how the proposed facility fits into the applicant's communications network, including a demonstration of a coverage and/or capacity problem, demonstration that all alternatives and existing structures have been identified and fairly rejected, that the proposed height is the minimum height necessary to achieve the targeted coverage area and a description of how other tower heights would change the coverage area. It should also describe reasonable anticipated expansion of the proposed facilities on the proposed site and related facilities in the region and reasonable anticipated changes of technology and their effect on expansions of the proposed facility. This submission requirement does not require disclosure of confidential business information. l. A letter of intent that commits the tower owner and successors in interest to:

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1. Respond in a timely, comprehensive manner to a request for information from potential co-location applicant. 2. Negotiate in good faith for shared use by other parties. m. Evidence that co-location on existing or an approved tower is not possible per co-location section above or in adjacent towns. If the proposed tower cannot be accommodated on an existing or approved tower site, the applicant must assess whether such tower site could be changed to accommodate the proposed tower and generally describe the means and projected cost of shared use of the existing or approved tower site. n. Proof of financial capacity to build, maintain, and remove the proposed tower. 9. Design Standards. The following design standards shall be met by the applicant. The Planning Board, as part of the Conditional Use Approval review process, shall determine if the applicant has complied with these standards. All communications facilities shall be designed to blend into the surrounding environment to the greatest extent feasible. To this end, all of the following measures shall be implemented: a. Towers shall be constructed of metal or other nonflammable material unless specifically waived by the Planning Board due to technical or engineering reasons. b. Accessory facilities shall be adjacent to the tower base unless an alternative location will be less visually obtrusive or topographic considerations require an alternative location. c. Accessory facilities shall be constructed out of no reflective exterior materials with earth toned colors or shall be placed underground, if possible. d. New accessory facilities shall be no taller than one story in height and shall be treated to look like a building or facility typically found in the area. e. All buildings, poles, towers, antenna supports, antennas and other components of each communications facility site shall be initially painted and thereafter repainted as necessary with matte finish paint. The color(s) selected shall be one that the Planning Board determines will minimize their visibility to the greatest extent feasible.

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To this end, improvements that will be primarily viewed against soils or trees shall be painted colors matching these landscapes, while elements which rise above the horizon shall be painted a blue gray that matches the typical sky color at that location unless the Planning Board determines that an alternative proposal will minimize visibility. f. The Planning Board may require special design of the facilities where findings of particular sensitivity are made (e.g., proximity to historic or aesthetically significant structures, views and/or community features). g. Sufficient anti-climbing measures and other security measures preventing access to the site shall be incorporated into the facility, as needed, to reduce the potential for trespass and injury. k. Only security lighting is permitted. All outdoor lighting shall meet Section 6A.6 standards of the Land Use Zoning Ordinance unless required by the Federal Communications Commission, Federal Aviation Administration, or other federal agency. l. Advertising and commercial communications facility. signs shall not be permitted on a

m. Guy wires shall not be permitted as part of a communications facility. 10. Location. All communications facilities shall be located so as to minimize their visibility and to minimize the total number of towers in the Town. The following measures shall guide the location: a. Communications facilities shall not be sited in areas of high visibility, as determined by the Planning Board, to meet the purpose of this subsection unless the facility is designed to minimize its profile by blending with the surrounding existing natural and man-made environment in such a manner as to be effectively unnoticeable. The height of a communications tower that is located within the view shed of a scenic vista, scenic landscape or scenic road, as determined by the Planning Board, may be, at the discretion of the Planning Board, subject to height limitation. Such limitation may restrict the height of the tower such that it does not exceed the height of vegetation within 300 feet of the proposed location. b. No facility shall be located so as to create a significant impact to the health or survival of rare, threatened or endangered plant or animal species.

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c. No facility shall be located within areas two hundred fifty (250) feet of the normal high-water line of any great pond or salt water body, or areas within two hundred fifty (250) feet of the upland edge of a coastal or freshwater wetland, or areas within seventy-five (75) feet of the high-water line of a stream. 11. Standards. In addition to the criteria and standards, listed in Section 6 of the Land Use Zoning Ordinance these additional criteria and standards shall be utilized by the Planning Board in reviewing applications for Conditional Use Approval for proposed communications facilities: a. Mitigation measures have been utilized to screen antennas and towers from view from public rights-of-way or scenic vistas, either by landscaping, fencing or other architectural screening. b. Antennas shall be as small as technically possible in order to minimize visual impact. c. Creative design measures have been employed to camouflage facilities by integrating them with existing buildings and among other uses. d. Other technically feasible sites have been investigated, and if available, the proposed facility has been located in order to minimize the effect on visually sensitive areas. e. Co-location, where technically feasible and visually desirable, on an existing tower, has been investigated, and if technically and financially feasible, the proposed facility is co-located. f. Use of an existing community facility site, such as utility poles, has been investigated as a potential site for a tower, antennas and other equipment and, if available and technically feasible and visually desirable, is proposed as the site for the facility. g. Adequate bonding for removal of the communications, facility, in a form, and amount acceptable to the Town Manager has been submitted. 12. Amendments. Any change to proposed towers requires Conditional Use Approval. Once a tower has been erected and is operational, changes to the facility that do not increase the height of the facility shall not require Conditional Use Approval unless such changes exceed the design criteria and additional standards and criteria previously approved in the original Conditional Use Approval. If the height of the facility will not increase and the design standards and additional standards and criteria previously approved in the original Conditional Use Approval remain consistent, changes to the facility shall require a permit from the Code Enforcement Officer.

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a. Removal of communications facilities. b. If the tower ceases to be used or if the use of the tower is abandoned for any reason, it shall be the responsibility of the owner of the facility to notify the Code Enforcement Officer of the date of abandonment or cessation of use. If the owner fails to give the required notice, the CEO shall make a determination of such date, which determination shall be conclusive as to the date of abandonment or cessation of use. c. In the case of a tower which is abandoned or the use of which ceases, it shall be removed within one year of its abandonment or cessation of use. All aboveground structures, equipment, foundations, utilities and access roads or driveways specifically constructed to service the tower, structures, equipment or utilities shall be removed and the land returned to a condition as near to the original preconstruction condition as possible. d. At the time of approval, the applicant for a new tower shall submit to the Town a bond or other financial surety in a form acceptable to the Town Manager outlined in Performance Guarantees, of the Land Use Ordinance, to be approved by the Finance Director, in the amount of 150% of the estimated demolition cost of the tower and the removal of all accessory facilities as described above, such cost to be determined by an independent professional engineer registered in the State of Maine and the amount shall be acceptable to the Town Manager. The bond or other financial surety shall be in effect for as long as the tower is in place. e. (The bond shall be used by the Town to demolish a tower which is abandoned or the use of which has ceased, accessory facilities and associated abandoned structures only if the owner has not done so within the required one-year period. f. The owner may apply to the Town Manager for release of the bond at such time that the owner or assigns remove the tower, accessory facilities and associated abandoned structures as described above and such completed removal is found to be satisfactory by the Code Enforcement Officer. The cost of inspection by the Code Enforcement Officer shall be borne by the owner. 13. Inspections and Monitoring. The following procedure shall be undertaken by the owner of the tower:

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a. Inspection of towers by an independent tower inspection firm shall be performed to insure structural integrity. Such inspections shall be performed as follows: i. Monopole towers at least once every seven years following completion of construction. The inspection shall take place between the sixth and seventh year of the repeat sequence. Self-supporting towers at least once every five years follow completion of construction. The inspection shall take place between the fourth and fifth year of the repeat sequence.

ii.

b. The inspection report shall be submitted to the Code Enforcement Officer within 30 days of its receipt by the tower owner. Based upon the results of the inspection, the CEO may require repair or demolition of the tower. c. The cost of such inspections, reports, repairs or demolition shall be borne entirely by the tower owner. Required repairs shall be completed within 90 days or less as required by the CEO for safety reasons. d. Failure to provide required inspection reports in the required time schedule shall be deemed prima facie evidence of abandonment. e. The owner of a wireless communications facility shall pay for an independent radio frequency engineer approved by the Town to evaluate the electromagnetic radiation emitted from all users of the wireless communications facility every year, with the first evaluation occurring within 30 days after transmission begins. The levels of electromagnetic radiation emissions must comply with the most up-to-date FCC standards at the time of the monitoring test. A report detailing the monitoring test shall be submitted to the Code Enforcement Officer within 30 days of completion of the monitoring test. Failure to provide required inspection reports in the required time schedule shall be a violation of the Land Use Ordinance. f. Should the monitoring of a facility reveal that the electromagnetic radiation emitted from the site exceeds the current FCC standards and guidelines, the owner(s) of all facilities utilizing the site shall be notified. In accordance with FCC requirements, the owner(s) must immediately reduce power or cease operation as necessary to protect persons having access to the site, tower, or antennas.

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In addition, the owner(s) shall submit to the Town an analysis of what caused the problem and a plan for the reduction of emissions to a level in compliance with the current FCC standards within 10 business days. Failure to accomplish this reduction of emissions within 15 business days of initial notification of noncompliance shall be a violation per Section 7.10 of the Land Use Ordinance.

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SHORELAND ZONING STANDARDS

Land Use Standards. All land use activities within the shoreland zone shall conform with the following provisions, if applicable. 6C.1 Agriculture 1. Manure spreading. All spreading of manure shall be accomplished in conformance with the Manure Utilization Guidelines published by the Maine Department of Agriculture on November 1, 2001, and the Nutrient Management Law (7 M.R.S.A. sections 4201-4209). 2. Manure storage. Manure shall not be stored or stockpiled within one hundred (100) feet, horizontal distance, of a great pond or within seventy-five (75) feet horizontal distance, of other water bodies, tributary streams, or wetlands. All manure storage areas within the shoreland zone must be constructed or modified such that the facility produces no discharge of effluent or contaminated storm water. 3. Conservation plan. Agricultural activities involving tillage of soil greater than forty thousand (40,000) square feet in surface area, within the shoreland zone shall require a Conservation Plan to be filed with the Planning Board. Non-conformance with the provisions of said plan shall be considered to be a violation of this Ordinance. NOTE: Assistance in preparing a Conservation Plan may be available through the local Soil and Water Conservation District office. 4. New tilling. There shall be no new tilling of soil within one-hundred (100) feet, horizontal distance, of the normal high-water line of a great pond; within seventyfive (75) feet, horizontal distance, from other water bodies and coastal wetlands; nor within twenty-five (25) feet, horizontal distance, of tributary streams and freshwater wetlands. Operations in existence on the effective date of this ordinance and not in conformance with this provision may be maintained. 5. Livestock grazing areas. Newly established livestock grazing areas shall not be permitted within one hundred (100) feet, horizontal distance, of the normal highwater line of a great pond; within seventy-five (75) feet, horizontal distance, of other water bodies and coastal wetlands, nor within twenty-five (25) feet, horizontal distance, of tributary streams and freshwater wetlands. Livestock grazing associated with ongoing farm activities, and which are not in conformance with the above setback provisions may continue, provided that such grazing is conducted in accordance with a Conservation Plan. 6C.2 Archaeological Sites Any proposed land use activity involving structural development or soil disturbance on or adjacent to sites listed on, or eligible to be listed on the National Register of Historic

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Places, as determined by the permitting authority, shall be submitted by the applicant to the Maine Historic Preservation Commission for review and comment, at least twenty (20) days prior to action being taken by the permitting authority. The permitting authority shall consider comments received from the Commission prior to rendering a decision on the application. 6C.3 Clearing or Removal of Vegetation For Activities Other Than Timber Harvesting 1. Resource Protection District. In a Resource Protection District abutting a great pond, there shall be no cutting of vegetation within a strip of land extending 75 feet, horizontal distance, inland from the normal high water line except to remove safety hazards. Elsewhere, in any resource protection district the cutting or removal of vegetation shall be limited to that which is necessary for uses expressly authorized within the district. 2. Buffer strip, within 100 feet of water. Except in areas as described in Section 6C.3.1, above, and except to allow for the development of permitted uses, within a strip of land extending one-hundred (100) feet, horizontal distance, inland from the normal high-water line of a great pond classified GPA or a river flowing to a great pond classified GPA, and seventy-five (75) feet, horizontal distance, from any other water body, tributary stream, or the upland edge of a wetland, a buffer strip of vegetation shall be preserved as follows: 1. Cleared openings. There shall be no cleared opening greater than 250 square feet in the forest canopy (or other existing woody vegetation if a forested canopy is not present) as measured from the outer limits of the tree or shrub crown. However, a footpath not to exceed six (6) feet in width as measured between tree trunks and/or shrub stems is allowed provided that a cleared line of sight to the water through the buffer strip is not created. 2. Selective cutting. Selective cutting of trees within the buffer strip is allowed provided that a well-distributed stand of trees and other natural vegetation is maintained. For the purposes of this section a "well-distributed stand of trees" adjacent to a great pond classified GPA or a river or stream flowing to a great pond classified GPA, shall be defined as maintaining a rating score of 24 or more in each 25-foot by 50-foot rectangular (1250 square feet) area as determined by the following rating system. Diameter of Tree at 4-1/2 feet Above Ground Level (inches) 2 < 4 in. 4