from Chapter 1000: GUIDELINES FOR MUNICIPAL SHORELAND ZONING ORDINANCES

This publication is presented for "Classroom Use Only."  Its intended use is to stimulate and aid in discussion and role playing within a classroom setting.

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9. Districts and Zoning Map

A. Official Shoreland Zoning Map. The areas to which this Ordinance is applicable are hereby divided into the following districts as shown on the Official Shoreland Zoning Map(s) which is (are) made a part of this Ordinance:

(1) Resource Protection

(2) Limited Residential

(3) Limited Commercial

(4) General Development

(5) Commercial Fisheries/Maritime Activities

(6) Stream Protection

NOTE: The development of a waterfront management strategy can be a complex process. There are many different techniques that can be used to tailor an ordinance to reflect local goals and resources. The Commercial Fisheries/Maritime Activities (CFMA) District included in these Guidelines is one approach which is based on allowing as permitted uses only those uses which are functionally water-dependent. But other zoning variations are also possible which may be much more specific about what types of functionally water dependent uses should be permitted, make use of more than one type of waterfront district, may include standards for assessing the impact of proposed development on water dependent uses, and may include specific provisions to encourage certain types of public benefits.

The Department of Environmental Protection has developed one example of a more elaborate ordinance, which is available as a technical supplement to this model ordinance. There are many other sources of information available to assist with the design of this type of ordinance. The State Planning Office's Community Planning and Investment Program and your regional planning council should be consulted for additional assistance.

B. Scale of Map. The Official Shoreland Zoning Map shall be drawn at a scale of not less than: 1 inch = 2000 feet. District boundaries shall be clearly delineated and a legend indicating the symbols for each district shall be placed on the map.

NOTE: Because of map scale or other reason, a municipality may have a series of maps depicting its shoreland zone.

C. Certification of Official Shoreland Zoning Map. The Official Shoreland Zoning Map shall be certified by the attested signature of the Municipal Clerk and shall be located in the municipal office. In the event the municipality does not have a municipal office, the Municipal Clerk shall be the custodian of the map.

D. Changes to the Official Shoreland Zoning Map. If amendments, in accordance with Section 8, are made in the district boundaries or other matter portrayed on the Official Shoreland Zoning Map, such changes shall be made on the Official Shoreland Zoning Map within thirty (30) days after the amendment has been approved by the Commissioner of the Department of Environmental Protection.

10. Interpretation of District Boundaries. Unless otherwise set forth on the Official Shoreland Zoning Map, district boundary lines are property lines, the centerlines of streets, roads and rights of way, and the boundaries of the shoreland area as defined herein. Where uncertainty exists as to the exact location of district boundary lines, the Board of Appeals shall be the final authority as to location.

NOTE: Municipalities are encouraged to incorporate specific written descriptions of district boundaries into the Ordinance so that disputes over district boundaries are minimized.

11. Land Use Requirements. Except as hereinafter specified, no building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, expanded, moved, or altered and no new lot shall be created except in conformity with all of the regulations herein specified for the district in which it is located, unless a variance is granted.