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Limington Zoning Ordinance
Article VI - (endangered/critical)
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6.6   Endangered Species and Critical Overlays Zone.

6.6.1. Purpose - Endangered Species and Critical Areas Zone: In order to provide for the protection and conservation of endangered plant and animal species and wildlife and fisheries habitat, an Endangered species and Critical Areas Zone is hereby created.

6.6.2. Scope - Endangered Species and Critical Areas Zone: This Zone applies to any structure or use extending into any area mapped by the Maine State Department of Inland Fisheries and Wildlife as:

1. habitat for species appearing on the official state or federal list of endangered or threatened species;

2. high and moderate value waterfowl and wading bird habitats, including nesting and feeding areas;

3. shorebird nesting, feeding and staging areas;

4. critical spawning and nursery areas for Atlantic sea run salmon, as defined by the Atlantic Sea Run Salmon Commission; or

5. high or moderate deer wintering areas.

6.6.3. Nature and Effect - Endangered Species and Critical Areas Zone: The Endangered Species and Critical Areas Zone shall overlay the existing districts created by this ordinance, and its terms shall supersede any requirements of said underlying districts, unless the underlying requirements are more restrictive than those set forth here, in which case the more restrictive shall govern.

6.6.4. Non-Conformance - Endangered Species and Critical Areas Zone: The Non-Conformance provisions of Article V of this Ordinance shall apply in the Endangered Species and critical Areas Zone. In addition, the use of a non-conforming structure may not be changed to another use on land within the Endangered Species and Critical Area Zone unless the Planning Board, after receiving a written application, determines that the new use will have no greater adverse impact on the habitat and species the land supports than does the existing use.

In determining whether greater adverse impact will occur, the Planning Board shall require from the applicant written documentation, which may include a report prepared by a wildlife biologist, regarding the probable effects of the proposed change in use on significant habitat and species.

6.6.5. Land Use and Performance Standards - Endangered Species and Critical Areas Zone: All new structures and uses extending into the Endangered Species and Critical Areas Zone, with the exception of non-intensive recreational uses, shall require a conditional use permit. Planning Board shall not issue a permit for any such new building or use unless, after receiving a written application, it determines that the proposed building or use will have no adverse impact on the habitat and species that have caused the land to be included within the Endangered Species and Critical Areas Zone.

In determining whether adverse impact will occur, the Planning Board shall require from the applicant written documentation, which may include a report prepared by a wildlife biologist, regarding the probable effects of the proposed building or use on significant habitat and species. The requirements of this Section shall be in addition to, and not instead of, the requirements of Section 9.7 of this Ordinance, governing Conditional Use Permits.

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