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The following may be used a guideline for what activities are permitted by the Town of
REPRODUCED FROM THE TOWN OF
105-17. Land Uses
Land uses permitted in each district, in conformance with the performance standards of Article V, are shown in the following table:
--- = Not permitted
YES = Permitted
NA = Not applicable
CEO = Required permit issued by Code Enforcement Officer
LPI = Requires permit issued by Local Plumbing Inspector
CU = Permitted after Planning Board review to ensure that the proposed use conforms
with the land use standards specified in Article V of this chapter. (Planning Board review is required for approval of conditional use permits See Chapters 105-70 through 105-73.)
RP = Resource Protection District
SD = Shoreland District
GP = General Purpose District
FD = Floodplain District
SP = Stream Protection District
LAND USES RP SD GP FD SP
Open space YES YES YES YES YES
Timber harvesting CU CU YES YES CU
Agriculture, commercial gardening CU CU YES YES CU
Campgrounds --- --- CU CU ---
Individual private campsites CEO CEO CEO CEO CEO
Earth removal, dredging, filling2 --- CU CU/CEO CU CU
Mineral exploration or extraction CU CU CU CU ---
Commercial outdoor recreation, --- CU CU CU CU
Nonintensive recreational uses YES YES YES YES YES
not requiring structure, such as
hunting, fishing and hiking
Public and private recreational CU CU CEO CU CU
areas involving minimal structural
Motorized vehicular traffic on YES YES YES YES YES
existing roads and trails
Seasonal sale of produce and
Off the premises --- CU CU CU CU
On the premises --- CU YES CU CU
Nurseries --- --- CU CU ---
Commercial animal breeding or --- --- CU --- ---
care and commercial kennels
RESIDENTIAL RP SD GP FD SP
Single-family dwelling --- CEO CEO CU CEO1
Seasonal camps and cottages --- CEO CEO CU CEO1
Conversions of seasonal --- LPI LPI LPI LPI
residences to year-round
Two-family dwelling --- CU CEO CU CU1
Multifamily dwelling --- CU CEO CU CU1
Cluster (planned unit) development --- CU CU CU CU1
Mobile home parks --- --- CU --- ---
Manufactured housing units not in parks --- CU CEO CU CU1
COMMERICAL INDUSTRIAL RP SD GP FD SP
Home occupations --- CU CU CU CU
Garage sales --- YES YES YES YES
Garage sale business --- CU CU CU CU
Commercial or industrial facilities --- --- CU CU ---
Commercial or industrial areas --- CU --- CU CU1
requiring a shorefront location
(e.g., marinas, boat yards, bath
Gas stations, motor vehicle sales --- --- CU --- ---
or repair, car washes
Eating establishments --- --- CU CU ---
Premises selling alcoholic beverages --- --- CU --- ---
Amusement arcades --- CU CU CU ---
Head shops --- --- --- --- ---
Flea markets --- CU CU CU ---
Automobile graveyards and junkyards --- --- CU --- ---
operated in accordance with state law
Waste processing or disposal facilities --- --- CU --- ---
other than sanitary landfills
Telecommunications facility --- --- CU --- ---
PUBLIC, SEMIPUBLIC, INSTITUTIONAL RP SD GP FD SP
Church, parish house or other --- CU CU CU CU1
Municipal offices, library, museum --- CU CU CU CU1
Town garage, fire station --- --- CU CU ---
Utility buildings or structures --- CU CU CU CU1
Under 120 sq. ft. --- CEO CEO CEO CEO1
Schools (public or private) --- --- CU --- ---
Nursery schools --- CU CU --- ---
Facilities for scientific or nature --- CU CU --- CU1
Cemeteries --- --- CU --- ---
OTHER RP SD GP FD SP
Piers and docks requiring permits --- CU NA CU CU
Boathouses --- CU CU CU ---
Creation of back lot (refer to 105-B(3)) --- CU CU --- ---
Commercial --- CEO CEO --- CEO
Noncommercial --- CEO CEO CEO CEO
Uses or structures accessory to:
Permitted uses CEO CEO CEO CEO CEO1
Permitted structures CEO CEO CEO CEO CEO1
Conditional uses CU CU CU CU CU1
Uses similar to:
Permitted uses CEO CEO CEO CEO CEO
Conditional uses CU CU CU CU CU
Ponds CU CU CU CU CU
1Provided that a variance from the setback requirement is obtained from the Board of Appeals.
2See also 105-39.
The following may be used as a guideline for dimensional requirements for Residential Dimensions only. For information regarding both Commercial and Industrial requirements, please contact the Code Enforcement Officer during regular town office hours. Thank you.
SHAPLEIGH ZONING ORDINANCE 105-18.
Dimensional requirements shall be in accordance with the following table:
Residential Dimensional Requirements (A)
Protection Shoreland Purpose Floodplain Protection
Land Uses District District District District District
dwelling unit or
Minimum street NA 200(B) 200(B) 200(B)
frontage per dwelling
unit or principal
Minimum shore frontage 200(C) 200(C) 200(C) 200(C)
per dwelling unit or
principal building (feet)
Minimum yard dimensions per dwelling unit or principal building:
Front setback from NA 50(D,F) 50(D,F) 2 50(D,F)
Front setback from NA 75(D,F) 75(D,F) 2 75(D,F)
road center line (feet)
Side setback (feet) NA 10(E,F) 25(E,F) 2 25(E,F)
Rear setback (feet) NA 20 30 2 30
Shore land setback (feet) 100(G,H) 100(G,H) --- 2 75(G,H)
Tributory stream 75 75 75
Maximum lot coverage NA 10% 10% 2 10%
Maximum building --- 35(H) 35(H) 2 35(H)
1No portion of any lot created after the effective date of adoption of this chapter and lying within the Resource Protection district may be used to meet the dimensional requirements.
2Dimensional requirements in the underlying zoning district shall apply. However, no construction or filling shall be allowed unless the applicant can demonstrate that the specific property is not in fact either subject to flooding or unsuitable for the proposed use because of hydrological/topographical conditions. Land within the Floodplain District may be used to meet the area and yard requirements, provided that the portion in this district which is so used does not exceed 30% of the minimum land area required per dwelling unit.
3Yard dimensions for accessory structures may be found in chapter 105-35 of this Chapter.
4For more than one dwelling per building see chapter 105-42 of the Shapleigh Zoning Ordinance.
SHAPLEIGH ZONING ORDINANCE 105.19. Notes to table on dimensional requirements.
A. Dimensional requirements for two- and multifamily dwellings are set forth in
Chapter 105-42 of this chapter. Required yard space shall serve only one lot. No
part of the yard or other open space required on any lot for any building shall be
included as part of the yard or open space similarly required for another building
B. Street frontage. The minimum street frontage requirements shall be subject to the
following additional considerations:
(1) The new building lot abutting a public road or abutting a privately
maintained road meeting the town’s road construction standards shall
have a minimum road frontage of 200 feet.
(2) Lots of record existing at the time of ordinance amendment may be
built upon, provided that they meet the requirements of Chapter 105-4E(1).
(4)3 New building lots located at the end of a cul-de-sac may be designed so that they have 50 feet of street frontage, so long as the width is 200 feet at the
location where the principal building is constructed.
C. Shore frontage. A lot abutting a lake, pond, river, stream or wetland shall have a
minimum shore frontage as specified in the table in Chapter 105-18, measured in a straight line between the points of intersection of the side lot lines with the
shoreline at the normal high-water line or upland edge.
D. Front yards. Whichever of the two methods for determining front yard setbacks
(specified in the table in 105-18) yields the greater distance shall apply. When a
lot fronts on the shore and on a road or right-of-way, both the Shoreland setback of 100 feet and the front setback as defined in 105-18 shall be met, or a variance must be obtained. If a legally existing structure which does not meet the required front yard standard is located on the property, any new structure may be set back the same distance from the right-of-way as the existing structure, so long as all other performance and dimensional standards of this chapter are met.
E. Side yards. The combined width of both side yards shall be at least 30 feet in the Shoreland districts.
F. Corner lot setbacks and visibility. Corner lot yards abutting roads shall have a minimum depth of 50 feet from each right-of-way or 75 feet from each center line, whichever distance is greater. All corner lots shall be kept free from visual obstructions for a distance of 25 feet measured along the intersecting street lines.
G. Shoreline setback. This setback is from the normal high-water mark of any lake or river in the Shoreland District. Setback from the wetlands over 10 acres in size shall be 130 feet.
H. Building height. No building shall exceed 2 ½ stories or 35 feet in height, as measured from the eaves to the lowest ground grade at the foundation. Features of building and structures, such as chimneys, tower, ventilators and spires, may exceed 35 feet in height but shall be set back from the nearest lot line a distance not less than the height of such feature or structure, unless a greater setback is required by other provisions of this chapter.
December 12, 2013 3:36 AM