    [From the U.S. Government Printing Office, www.gpo.gov]

                                                                  August 8, 1989

                                     CITY OF BATH, MAINE

                              Revision of Waterfront Section of

                                  Bath's Comprehensive Plan

                                             and

                                   Related Codes Revisions

        co

                               Funded in part by a grant from:

                                   MAINE'S COASTAL PROGRAM

                                 through funding provided by:

                               The U.S. Department of Commerce
                       Office of Ocean and Coastal Resource Management
                  under the Coastal Zone Management Act of 1972, as amended.

              HT
              168
              B38
              R48
              1989

            'DRAFT
                                                                    3/13/89_.Lo'
                                     ADD: TO INTRODUCTION,

               In 1988 the Bath City Council established the Bath Waterfront
               Resources Committee, and requested an inventory of existing
               ecological features, scenic views, historic structures and
               archaeological sites. In addition, the Committee requested the
               identification of pollution sources as well as likely areas where
               pollution-causing activities were carried out in the past. The
               details of the inventory are contained in the report Between The
               River and The Bay: Inventory and Evaluation of Bath's Shoreline
               (Hawes and Koulouris, October, 1988).

               The Committee's planning effort also included a survey of a
               sampling of Bath residents to determine their attitudes towards
               shoreline issues.

               Financial assistance for preparation of the waterfront section of
               the comprehensive plan was provided by'a grant from MAINE'S .
               COASTAL PROGRAM through funding provided by the U.S. Department
               of Commerce, Office of Ocean and Coastal Resource Management,
               under the Coastal Zone Management Act of 1972, as amended.

                                     Vropqrty 6:E C SC. 'L;i@ rary

                                                                                   7k
             DRAFT                                                         3/13/q9
                                                 ON x1i
                                            SECTI

                                  WATERFRONT ISSUES  AND POLICIES

               Back4round

               Bath is a community linked strongly to the sea. Its water
               orientation is evident from virtually any location in the city
               due to the 14 miles of shoreline which includes Merrymeeting Bay,
               the Kennebec River and the upper and lower Whiskeag Creek areas.

               The world famous Bath Iron Works (BIW) dominates the industrial
               landscape and the area's economy, but when the shoreline is
               viewed as a v@hole, BIW is only one of several striking features.
               There'are also historic neighborhoods, a central business
               district, open farmland, highly significant ecological features,
               pristine scenery and a population of mixed-income levels.

               The goals, policies and implementation procedures listed below
               combine information from a shoreline inventory, a citizens survey
               and the Bath Waterfront Resources Committee's knowledge of
               shoreline issues. It is the City's policy that Bath needs not
               one waterfront policy, but a complementary mix of policies that
               relate to the shoreline's multifaceted nature.

               GOALS

               1.   Maintaining the-Diversity of the Shoreline

                    The City will maintain the diversity of its shoreline by
                    creating separate waterfront policies in different areas.
                    Land groupings to be considered separately include:

                          A.   Kings's Landing.Area, Thorne Head, Whiskeag Creek
                          (lower and upper), North Bath area, Butler
                          Cove/Merrymeeting Flats area and islands area:

                               These sections of Bath  have significant natural
                               a
                                 d scenic features, and marine,-historical   and
                                n
                               archaeological resources.@ They   include the most
                               rural areas of the city. Theseareas are most
                               conducive to low-density'use of the land and
                               protection through strengthened   shoreland zoning.
                               including resource protection districts.

                          B.   Northern Shipyard (Bowery) area:.
                               This Area compris'es'a''varie'd section of Bath's
                               waterfront. These feature scenic views, moderate
                               high density land uses, heavy recreational boating
                               activity, fish unloading and processing and the
                               city's.sewage treatment  plant.   Policies in.this

                Continued Waterfront Issues and    Policies

                               ..-,area should'ensure that as land uses changet
                                opportunities will continue for    marine- related
                                uses, park land development and land uses that
                                would maintain scenic access and public access      to
                                the shore. Part of this area is currently zoned
                                residential. The historic uses and potential
                                commercial uses should be encouraged and further
                                study undertaken for future zone changes as
                                infrastructure of the area is upgraded.to allow
                                for water-dependent uses.

                           C.   Downtown waterfront area and    Bath Iron Works area;

                                This is the urban core of the waterfront. It
                                links downtown to the shore and is the first view
                                of the city for visitors travelling via the,
                                Kennebec River. The city wishes to maintain a
                                water-related atmosphere in this section of the
                                city. Policies must address marine business and
                                industrial uses, tourism-related waterfront
                                development and public access.

                           D.   Southern shipyard area.

                                This area has long been charact   erized by   the salt
                                marsh environment and its wildlife, fine      old homes
                                associated with former shipyards, a   'nd scenic
                                views. The Maine Maritime Museum provides an
                                anchor for the preservation of the natural and
                                cultural resources of the area. Policies should
                                be developed to maintain this atmosphere, as well
                                as to encourage marine-related uses.

               2.    Promoting  Water-Dependent Uses

                     the City will promote water-dependent uses along its
                     shoreline, except in environmentally sensitive    ' areas where
                     construction of facilities would be inappropriate.

                     The reasons are simple:

                     1.    Bath's waterfront supports a variety of commercial,
                           industrial, recreational and tourism-related water-use
                           activities.

                     2.    Such a policy is consistent with state coastal
                           policies.

                     A water-dependent use is   one that* has to be located on the
                     water to function.    This policy relies   on the statutory

                                                   2.,

                Continued Waterfront Issues   and Policies

                     definition (38 MSRA 1@01),   which defines   "functional water-
                     dependent uses":

                           "those uses that require, for their   primary purpose,
                           location on submerged lands or that    require direct
                           access to, or location in coastal waters and which
                           therefore cannot be located away from these waters.
                           These uses include, but are not limited to, commercial
                           and recreational fishing and boating facilities, and
                           recreational fishing and boating facilities, finfish
                           and shellfish processing, storage and retail and
                           wholesale marketing facilities, dock and port
                           facilities, shipyards and boat building facilities,
                           marinas                aides, basins and channel:@,
                           industrial uses dependent upon water-borne
                           transportation or requiring large volumes of cooling or
                           processing water that cannot reasonably be located or
                           operating at an inland site and uses which primarily
                           provide public access to marine or tidal waters."

                     The water-use activities in Bath include fish unloading and
                     seafood processing; shipbuilding and repair; recreational
                     boating at public landings, -marina floats and private
                     moorings; and visiting ships either downtown or at the
                     Maritime Museum' Bath's policy is-to give priority to its
                     water-uses and seek ways to improve their presence on the
                     waterfront.

               3.    Encouraging Environmental Protection

                     The City will preserve the quality of life, scenic areas and
                     Bath's shoreline environment by:

                     (1)   Encouraging the owners of environmentally sensitive
                           areas and critical wildlife habitats to use their
                           property in a manner-which does not jeopardize the
                           environmental value of their land or create problems
                           for neighboring.property owners,or the Town;

                     (2)   Managing the use of environmentally sensitive areas
                           such as.wetlands, floodplains, steep slopes and
                           critical wildlife habitats when development occurs;

                     (3)   Encouraging a program for acquiring land, easements     and
                           development rights in key areas of environmental
                        ..concern to  provide for the protection of these
                           resources while compensating   theproperty owner;   and
                     (4)   Considering regional  inpact's from.dev*elopment  of'the
                           shoreline.

                                                  3

               Continued Waterfront  Issues and Policies                        L;

               4.   managing Residential  Uses

                    The city will manage   residential development in the
                    shoreline areas to assure that it is a positive   addition   to
                    the community and  is in keeping with the character of the
                    community by:

                    (1)  Encouraging/providing for public   access to the water;

                    (2)  Adapting the density, setbacks and lot sizes of
                         development to a level that is appropriate to the
                         physical capacity of the natural resources to support
                         that use, with:special attention paid to the carrying
                         capacity of off-shore islands;

                    (3)  Restricting development in areas where   public
                         facilities such as roads or access are   not adequate to
                         service the development unless provisions are made f or
                         upgrading those facilities;

                    (4)  Requiring the scale of new development -to be in keeping
                         w
                          ith the character of the City's shoreline; and

                    (5)  Ensuring that the quality of new development provides a
                         good living environment for   all residents and protects
                         the City from extraordinary   service and maintenance
                         costs in the future.

               5.   Maintaining Shoreline Character

                    As the community grows, the   City will assure that the
                    character of its shoreline is maintained by:

                    (1) Retaining open space and natural areas    throughout the
                         community;'.

                    (2) Keeping the scale and intensity of    new development in
                         proportion.to the existing character of city
                        .neighborhoods; and

                    (3). Protecting the scenic quality  of the  City,' from both
                         water and land vantage points,   along the shorefront.

               6.   Strengthening the Downtown Waterfront

                    Between the Carlton Bridge  and the."Coal Pocket" the  City
                    will promote the  reuse and redevelopment of-this area   into a
                    mixed marine-commercial  neighborhood.-.These policies   should
                    encourage a recognition  that access to the  river creates

                                                4

              Continued Waterfront Issues and Policies
                   special needs.and opp6rtunities in this area.
                   Therefore, emphasis should be placed on encouraging uses in
                   this area which.need a waterfront location. Specifically,
                   the City's policies for the downtown waterfront will:

                   (a)  Encourage the development of recreational, -marine,
                        historical or tourist-related uses along the
                        waterfront, with priority given to uses which are
                        water-dependent; and

                   (b)  Provide for increased public access to and open space
                        on the waterfront in conjunction with private
                        development activities'.

              7.   Retaining City Owned Land At Butler's Cove

                   The City's policy is to retain the City-owned land at
                   Butler's Cove and upgrade this property as a low-intensity
                   recreation area. Uses appropriate to the area would include
                   picnicking, hiking, walking, cross-country skiing, bird
                   watching and similar uses. Because of the ecological
                   relationship of this land to Merrymeeting Bay, development
                   of active recreational facilities will be minimized.

              8.   Managing Use of Vacant, PrivatelV Owned Land

                   The dity will approach the owners of vacant- waterfront land
                   and ascertain their future interests in the development of
                   @heir property. The City will encourage and provide
                   incentives for public open space or water dependent uses for
                   the properties.

               Continued Waterfront Issues and  Policies

                            ADD TO SECTION  I IMPLEMENTATION PROGRAM

               WATERFRONT IMPLEMENTATION STRATEGIES

               1.   The City will improve, develop and enforce  ordinances
                    including, but not limited to: Land Use Ordinances that
                    take into account the shoreline's diversity and the need to
                    protect marine-related uses; Shoreland Zoning ordinances
                    including Resource Protection Districts; Historic District
                    ordinance; and Harbor Ordinance.

               2.   The City will define water-dependent use in its Land Use
                    Ordinance. To locate prime areas 'for water-dependent uses,
                    the City will use as a guide information from the State
                    Planning Office's Water-Dependent Use Mapping Initiative as
                    well as.standard local practices.

               3.   The City will give priority to water-dependent uses and seek
                    ways to improve their presence on the waterfront by
                    developing a capital improvement program for coastal
                    infrastructure., ensuring that land use zoning accommodates
                    water-dependent uses, and managing the development of water-
                    dependent uses by developing a water-use plan and ensuring
                    provisions for parking, restrooms and litter control.

               4.   The City will promote open space by:

                    (a)  Shoreline visual Protection - The City will control   the
                         visual environment of shoreline areas by requiring that
                         buildings and structures be set back.a reasonable'
                         distance from the water and that appropriate
                         landscaping of natural vegetation be retained between
                         the shoreline and any buildings and structures. The
                         City should also inventory significant view corridors
                         landward of the shoreline and develop a plan for
                         maintaining them.

                    (b)  Open Space Preservation - The City will encourage land
                         trusts or other conservation groups to acquire and
                         manage open space in the City. These groups could use
                         public and private funding to acquire key parcels of
                         open space in the community. In addition, these groups
                         could accept donations of land easements and work with
                         landowners on planning for the future of their
                         holdings. A priority of these groups should   be
                         obtaining parcels or easements which provide  for access
                         to the shore.  The City should also consider
                         establishing a waterfront*greenbelt plan. A    greenbelt

                                               6

              Continued  Waterfront Issues and Policies
                         is an interconne@ted system of aesthetic and
                         recreational open spaces. The  use of these open spaces
                         can be for active and passive recreational use,.visu'al
                         observation, or protection of an important resource.
                         The city should inventory potential greenbelt
                         priorities and devise a system and.a set of priorities
                         for acquiring land and easements.

              5     Th e City will promote environmental protection by:

                    (a)  Overboard Sewage Discharges - The City will cooperate
                         with state law by prohibiting the use of new sewage
                         treatment systems involving overboard discharges of
                         treated effluent, and will work with@residents to.
                         ensure compliance.

                    (b)  Critical-Natural Features and Wildlife Habitats    The
                         city contains many sites which have been identified as
                         critical natural features or critical wildlife
                         habitats. The City will work with the owners of these
                         resources to develop ways for these areas to be
                         preserved while allowing the landowner reasonable use
                         of his or her property.
              6.    Because a significant portion of Bath's shoreline* is shared
                    with neighboring communities, and use.of the shoreline in
                    one community may affect-the environment in the next
                    community, city officials will meet periodically with their
                    counterparts in Phippsburg, Arrowsic, Woolwich, Bowdoinham,
                    Topsham, Brunswick and West Bath. They will consider
                    regional approaches to shoreland.planning, management and
                    enforcement..

                                               7

                                           ORDINANCE

                   BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATH THAT
               THE LAND USE CODE OF THE CITY OF BATH, ADOPTED DECEMBER 71
               1983, AND SUBS EQUENTLY AMENDED, BE FURTHER AMENDED AS FOLLOWS:

               Sections 7.09, 7.10, 7.11 and 7.12 be amended and new Section
               7.21 and 7.22 added in accordance with the recommendations of
               the Waterfront Resources Committee as per the attached.

                 Section 7 .09  Resource Protection District - R P D

                 Delete and replace with t'he following:

                 A. General District.
                     "All areas within one hundred feet (100' ) of a water body
                 within the Waterfront Rural Zone are designated as Resource
                 Protection Districts.    In addition, all areas in the R III -
                 Rural Residential District (57.10) designated as set backs from
                 water bodies are designated as resource Protection Districts."

                 B. Butler Head District

                     Beginning at a point which is the northwesterly corner of
                 Lot #3-B on Map #20 on the shore of Merrymeeting Bay;
                     Thence running southwesterly by Lot #3-B on Map #20 to the
                 northwesterly line of land of Central Maine Power designated as
                 Lot #3 on Map #17;
                     Thence running in a general southwesterly direction along
                 said Lot #3 on Map #17 and Lot #38 on Map #19 to a point which
                 is the southeasterly corner of said Lot #38 on Map #19;
                     Thence running in a general westerly direction along the
                 southerly line of Lot #38 on Map #19 and the northerly line of
                 Lot #7 on Map #19 to the northwesterly corner of said Lot #7 on
                 Map #19;
                     Thence running in a general southwesterly direction along
                 the westerly line of Lot #7 on Map #19 to the southwesterly
                 corner of said Lot #7 on Map #19;
                     Thence running in a general southeasterly direction along
                 the southerly line of said Lot #7 to on Map #19 to the
                 northwesterly corner of Lot #8 on Map #19;
                     Thence running in a general southeasterly direction along
                 the westerly line of Lot #8 on Map #19 to the northerly line of
                 Lot #9 on Map #19;
                     Thence running along the northerly line of Lot #9 on Map
                 #19 and its continuation to the shore of Merrymeeting Bay;
                     Thence   running   in   a  general   northeasterly, -'easterly,
                 southeasterly, southerly, easterly and northeasterly direction
                 along Merrymeeting Bay and Butl   'er Cove to a point which is the
                 southwesterly corner of Lot #3-B on Map #20 and the point of
                 beginning.

                 C. Southern District.
                     That area bounded on the West by Washington Street; on the
                 South by Lot 57 on Map 24; on the East by the Bath/Woolwich
                 Municipal Boundary; and on the North by line beginning 520'
                 South of  the Northwest corner of Lot 110 on Map 25 and running
                 due East  for a distance of 150', due North for a distance of
                 130', and due East to the Bath/Woolwich Municipal Boundary.

                 [Amended  to further define northerly end of Washington Street
                 Marsh area effective 3-26-86]

                                   AMENDMENT TO SECTION 7.11

                Moderate Density Residential District .- R II

                A. Northerly Section

                Delete the following:

                    "Beginning at the line of Winslow Place extending easterly
                to the Bath/Woolwich municipal Boundary;
                    "Thence westerly by the line of Winslow Place extended and
                by Winslow Place to Washington Street;
                    "Thence southerly by Washington Street to Winship Street;"

                Replace with the following:

                    "Beginning at the intersection of Washington Street and
                Winship Street;"

                Delete the following:

                    "Thence easterly by the end of Washington Street to the
                Bath/Woolwich Municipal Boundary;
                    "Thence southerly by the Bath/Woolwich Municipal Boundary
                to the easterly extension of Winship Street (sic) and the place
                of beginning.*

                Replace with the following:

                    "Thence easterly to the end of Washington Street;
                     Thence in a general    southerly direction by Washington
                Street to its intersection with Winship Street and the point of
                beginning."

                                       AMENDMENT TO SECTION 7.12

                 High Density Residential'pistrict - R I

                 A. North Central Area

                 Delete the following:

                       "Thence northeasterly and northerly by Bowery Street to the
                 southeasterly line of Lot #22 on Map #38;
                       Thence  northeasterly by the southeasterly line of Lot #22
                 on Map #38;
                       wThence northerly by the easterly line of Lot #22 on           Map
                 #38 and the   west line of Lot #23 on Map #38;
                       wThence westerly by    the southerly line of Lot #23 on        Map
                 #38;
                       Thence     northerly,    northeasterly,     northwesterly,,    and
                 northeasterly by Lot #23    on Map #38;
                       "Thence easterly by    the northerly line of Lot #23 on        Map
                 #38;  -Thence northwesterly by the west line of Lot #24-B on         Map
                 #38;
                       "Thence northeasterly by the west line of Lot #24-B on         Map
                 #38;  :Thence northerly by the west line of Lot #24-B on Map #38;
                       Thence easterly by the north line of Lot #24-B on Map #38
                 and the north line of Lot #24-B on Map #38 extended easterly to
                 the Bath/Woolwich Municipal Boundary;
                       "Thence northerly by the Bath/Woolwich Municipal Boundary
                 to the easterly extension of Winslow Place and the point of
                 beginning."

                 Replace with the following:

                       Thence northeasterly and northerly by Bowery Street to
                 Washington Street;
                       Thence in a general northerly direction by Washington
                 Street to its intersection with Winship Street and the point of
                 beginning."

                 Delete the following:

                       "Thence northerly  by Front Street to North Street;
                       Thence easterly by North Street to the Bath/Woolwich
                 Municipal Boundary;
                       aThence northerly by the Bath/Woolwich Municipal Boundary
                 to the easterly extension of the southerly line of Lot #26 on
                 map #38 (Bath Canning);
                       "Thence westerly by the southerly line of Lot #26 on Map
                 #38   extended easterly and southerly and the southerly line of
                 said Lot #26 to Front Street;w

                 (No replacement necessary.)

                                  AMENDMENT TO SECTION 7.12

              High Density Residential District - R I

              A. North Central Area

              Delete the following:

                   wBeginning at the line of Winslow Place extending easterly
              to the Bath/Woolwich municipal Boundary;
                   "Thence westerly by the line of Winslow Place extended and
              by Winslow Place to Washington Street;
                   "Thence southerly by Washington Street to Winship Street

              Replace with the following:

                   "Beginning at the intersection of Washington Street and
              Winship Street;"

                                   AMENDMENT TO SECTION 7.12

                High Density Residential District - R I

                B. South Central Area

                Delete the following:

                    "Thence southerly by Washington Street to the southerly
                line of Lot #57 on Map #24;
                    "Thence easterly by the southerly boundary Of Lot #57, map
                #24 to the Bath/Arrowsic Municipal Boundary;
                    "Thence southerly by the Bath/Arrowsic municipal Boundary
                to the northerly boundary of Lot #36-B, Map 423, extended;
                    Thence westerly along the northerly boundary of Lot #36-B,
                Map #23 (as extended) and Lot #41, Map #23 to High Street;"

                Replace with the following:
                    :Thence southerly by Washington Street to Webber Avenue;
                    Thence southwesterly by Webber Avenue to High Street;
                    Thence southerly by High Street to the northerly boundary
                of Lot #41, map #23;w

                'Add the following new Section:

                 Section 7.21 Waterfront Residential District     R W

                 A. southern District

                     Beginning at a point which is the intersection of the Town
                 lines of the Towns of Phippsburg and West Bath and the City of
                 Bath;
                     Thence running in a general westerly direction along the
                 West Bath/Bath municipal boundary to High Street;
                     Thence running in a general northerly direction along High
                 Street to Webber Avenue;
                     Thence running in a general northeasterly direction along
                 Webber Avenue to Washington Street;
                     Thence running in a general northerly direction along
                 Washington Street to a point which is the southwesterly corner
                 of Lot #58 on Map #24;
                     Thence running in a general easterly direction along the
                 southerly line of Lot #58 on Map #24, along the southerly line
                 of Lot #57 on Map #24 and the southerly line of Lot #57
                 extended easterly to the Bath/Arrowsic municipal boundary;
                     Thence running in a general southerly direction on the
                 Bath/Arrowsic   municipal   boundary    to  the    Bath/Phippsburg
                 municipal boundary;
                     Thence running in a general southwesterly, westerly,
                 southerly, and westerly direction along the Bath/Phippsburg
                 municipal boundary to the intersection with the Bath/West Bath
                 municipal boundary and the point of beginning.

                 B. Central District

                     Beginning at a point on the east side of Front Street which
                 is the intersection of the northerly line of Lot #367 on Map
                 #33; Thence running in a general northerly direction along Front
                 Street to a point which is the southerly line of Lot #26 on map
                 #38 (Bath Canning Company);
                     Thence running easterly by the southerly line of Lot #26 on
                 Map #38 and the southerly line of said Lot #26 extended
                 easterly to the Bath/Woolwich municipal boundary;
                     Thence running in a general southerly direction along the
                 Bath/Woolwich municipal boundary to a point which is the
                 easterly extension of the northerly line of Lot #367 on Map #33;
                     Thence running in a general westerly direction along the
                 northerly line of Lot #367 on Map #33 extended easterly and the
                 northerly line of said Lot #367 to Front Street and the point
                 of beginning.

                C. Northern District

                     Beginning at a point on Bowery Street which is the
                southeasterly line of Lot,#22 on Map #38;
                     Thence running northeasterly by the southeasterly line of
                Lot  #22 on Map #38;
                     Thence running northerly by the easterly line of Lot #22 on
                Map  #38 and the westerly line of Lot #23 on Map #38;
                     Thence running westerly by the southerly line of Lot #23 on
                Map  #38;
                     Thence running northerly, northeasterly, northwesterly, and
                northeasterly by Lot #23 on Map #38;
                     Thence easterly by the northerly line of Lot #23 on Map #38;
                     Thence northwesterly by the westerly line of Lot #24B on
                Map  #38;
                     Thence running northeasterly by the westerly line of Lot
                #24B on Map  #38;
                     Thence northerly by the westerly line of Lot #24B on Map
                #38;
                     Thence easterly by the northerly line of Lot #24B on Map
                #38 and the northerly line of Lot #24B on map #38 extended
                easterly to the Bath/Woolwich municipal boundary;
                     Thence  running in a general northerly, northwesterly
                direction along the Bath/Woolwich municipal boundary to a point
                opposite the end of Washington Street;
                     Thence running in a general westerly direction to the end
                of Washington Street;
                     Thence running in a general southerly direction along
                Washington Street to Bowery Street;
                     Thence running in a general southeasterly direction along
                Bowery Street to the southeasterly line of Lot #22 on Map #38
                and the point of beginning.

                Add the following new Section:

                Section 7.22 Waterfront Rural District - W R D

                A. Easterly District

                    Beginning at a point on the Kennebec River easterly and
                opposite of the northerly end of Washington Street;
                    Thence running in a general westerly direction to a point
                which is five hundred feet (5001) westerly of the shore of the
                Kennebec River;
                    Thence running in a general northerly, northwesterly,
                southwesterly   and   southerly   direction and     maintaining    a
                distance of five hundred feet (500') from the Kennebec River
                and the west branch of the Kennebec River to a point on the
                northerly line of Lot #5 on Map #15 which is five hundred feet
                (500') from the west branch of the Kennebec River;
                    Thence running in a general westerly direction to the shore
                of the west branch of the Kennebec River;
                    Thence   running   northerly, northeasterly, easterly and
                southeasterly along the shore of the west branch of the
                Kennebec River and the Kennebec River to the point of beginning.

                B. Middle District

                    Beginning at a point on the easterly bank of Whiskeag Creek
                at the southeasterly corner of property of the City of Bath
                designated as Lot #20 on Map #12;
                    Thence running in a general easterly direction a distance
                of five hundred feet (500');
                    Thence running in a general southerly direction and
                maintaining a distance of five hundred feet (500') from
                Whiskeag Creek to a point on the northerly side of Whiskeag
                Road five hundred feet (5001) from the bridge over Whiskeag
                Creek;
                    Thence following Whiskeag Road in a general westerly
                direction across the bridge to a point which is the
                southwesterly corner of Lot #23 on..Map #11;
                    Thence running in a    general 'northerly direction along the
               .westerly line of Lot #23 on Map #11 to the northwesterly corner
                of said Lot #23;
                    Thence running along the northerly lines of Lots #22, #21,
                #20 and #17 on Map #11 to the southwesterly corner of Lot #14-A
                on said Map #11;
                    Thence running in a northeasterly direction by the westerly
                line of Lot #14-A to a point which is the northwesterly corner
                of said Lot #14-A;
                    Thence running in a general northerly direction             and
                maintaining a distance of five hundred feet (5001) from         the
                Whiskeag Creek to the southerly line of Lot #6 on Map #14;
                    Thence running in a general westerly direction along        the
                southerly line of Lot #6 on Map #14 to the North Bath Road;
                    Thence running in a general northerly direction along       the
                North Bath Road to a point which is the easterly corner of
                premises designated as Lot #18 on Map #17;

                                             ORDINANCE

                    BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATH THAT
                THE LAND USE CODE OF THE CITY OF BATH, ADOPTED DECEMBER 7,
                1983, AND SUBSEQUENTLY AMENDED, BE FURTHER AMENDED AS FOLLOWS:

                1. Section 2.01 Definitions

                    Add the following:

                    "Water Transportation Services.   Establishments engaged in
                passenger   transportation    and    establishments   furnishing
                incidental services such as lighterage, towing, site seeing
                boats, marine surveyors, and the like."

                2. Section 8.02 Resource Protection District - R P

                    Delete and replace with new Section 8.02 as attached.

                3.  Section 8.06 Waterfront District - W

                    Delete and replace with new Section 8.06 as attached.

                4.  Section 8.08* Marine Business District - M B

                    Delete and replace with new Section 8.08 as attached.

                5.  Section 8.10 Industrial District - I

                    Delete and replace with new Section 8.10 as attached.

                6.  Section 8.13 Waterfront Residential District - R W

                    Add new Section 8.13 as attached.

                7. Section 8.14 Waterfront Rural District - W R D

                    Add new Section 8.14 as attached.

                 Section 8.02    Resource Protection   District   RP

                       (All areas designated within the   Waterfront Rural  District
                       (WRD) Zone as yard setbacks from   water*bodies; City's Butl@r
                       Cove property; area between Burgess Marina Lot and Museum)

                       A.   Purpose
                            The purpose of the resource protection district is to
                            protect fragile shoreline ecological systems which, if
                            intensively developed, would adversely affect water
                            quality, wildlife and aquatic habitat and biotic
                            systems, or ecolog-ic relationships. To accomplish this
                            purpose, uses are permitted which provide for only
                            limited. disruption of the natural environment while
                            allowing productive use to be inade of the land.

                       B.   Permitted uses
                            The following uses are  permitted in the Resource
                            Protection District:

                            (1)  Timber harvestsing and forestry 'management in
                                 accordance with State law and City Timber
                                 Management plans.

                            (2)  The harvesting of any wild crop such as marsh hay,
                                 ferns, moss, wild rice, berries, tree-fruits and
                                 tree seeds.

                            (3)  Hunting  (in accordance  with city ordinances),
                                 fishing  and trapping.

                            .(4) Wildlife management,   fishery inanagement.

                            (5)  Hiking trails, nature trails, bridle   paths and
                                 similar  facilities.

                            (6)  Public and private  parks and picnic  areas of
                                 primarily und.eveloped natural character.

                            (7)  Agriculture uses,. with a approval  from the  Zonin
                                                                                    9
                                 Board.  (See B12):.

                                 Piers,' docks, wharves,  breakwaters, causeways and
                                 bridges over 20 feet    in length, and uses
                                 projecting  into water docks with a  building  permit
                                 if of a temporary nature and with a   building
                                                                      -permanent.
                                 permit and-'Zoning Board   approval,if
                                 (See B12) .

                            (9)  Emergency.'and fire prevention  activities.

                    Continued   section   8.02    '.Resource Protection District     -RP-page Li

                                (10) Small nonresidential       facilities    for  educational-
                                      scientific or nature      interpretation    purpose8.

                                (11)  Small nonresidential      structure accessory to
                                      permitted uses.

                                (12)  With respect to those uses which require         a zoning
                                      board approval as indicated above, the zoning
                                      board shall, after payment by the applicant of a
                                      reasonable -permit fee established by the town
                                      council and his submission of a complete
                                      application including all information requested,
                                      grant a permit upon such reasonable conditions as
                                      it dee.:-is necessary to assure conformity with the
                                      following requirements, if it inakes a positive'
                                      finding based on the information presented to it
                                      that the proposed use:

                                      1.    will-not result in unsafe or unhealthful
                                            conditions.- *
                                      2.    will not result in erosion or sedimentation;
                                      3.    will not result in water pollution;
                                      4.    will not result in damage to spawning--
                                            grounds, fish, aquatic life, bird and other
                                            wildlife habitat;
                                      5.    will conserve shoreland vegetation;
                                      6.    will'conserve visual points of,access to
                                            waters aLs viewed from public facilities;
                                      7.    will conserve actual points of public access
                                            to waters;-
                                      S.    will conserve natural beauty; and
                                      9.    will avoid problems associated with flood
                                            plan development.and     use.

                         C..    Space  and  bulk regulations

                                (1)   Minimum lot size       40,000  square   feet for   any  lot
                                      involving the'.development     of  any  buildings.  or
                                      structures.

                                (2)   minimum    frontage    100  feet..

                                (3)   Minimum    frontage   on a t@aterbody    100  feet  as
                                    @.measured in a straight      line   between the'points     of
                                      intersection    of the  side  lot lines   with  the
                                      shoreline   at   normal high'water@:..-

                                                                            'RP page  '3
                                     8.02  - Resource  Protection District
                 Continued  Section

                             (4)  Setbacks  cf buildings
                                        f ront 50 feet
                                        side, 25 feet
                                        rear, 25 feet
                                        waterbo6y, 75  feet.

                             (5)  Yard
                                        front, 20 feet
                                        side, 20 feet
                                        rear, 20 feet
                                        waterbody, @O  feet.

                    Section  8.06     WATERFRONT    DISTRICT     W

                          (Bridge -   Coal   Pocket  .-.Commercial   Street)

                          A.    Purpose

                                The purpose    of the   district is    to foster  the  reuse   and
                                redevelopment of this area into a         mixed marine-
                                commercial neighborhood; encourage the development             of
                                recreational, marine, historical or tourist-related
                                uses along the waterfront, and provide for increased
                                public access to, and open space on, the waterfront in
                                conjunction with privat.e development. activities.

                          B.    Permitted Uses

                                (1)   Sales, rental and service of boats and marine
                                      motors.

                                (2)   Ships Chandlery.

                                (3)   Boat building, repair, storage, and dockage.-

                                (4)   Marinas.

                                (5)   Water transportation services.

                                .(6)  Boat charter operations.

                                (7)   Governmental uses.

                                (8) ...Business offices'..

                                (9)   Inns,* hotels/motels.

                                (10)  Multi-family    housing   as   part of  a mixed-use
                                      proj ect.

                                (11)  -Eating and   drinking   places.

                                (12)  Theaters,'   entertainmentand      recreational    services.

                                (13):Accessory     yses.

                          C.    Space  and-Bulk Standards

                                      Minimum    lot size,:None..:,.

                                (2) ..'Minimum   lot area'per    dwelling  unit,"  5,000. square
                                      feet.

                                      Minimum   street   frontage.'14one.
                                (3)

                 Continued Section 8.06    Wat.erfront District W   page 2      L.

                           (4)  Setbacks
                                front, 10 feet
                                side, 5 feet
                                rear, 5 feet
                                river, 10 feet

                           (5)  Maximum building height, 35 feet.

                           (6)  Maximum lot coverage, 60%.

                           (7)  Maximum.floor area ratio, 1.

                      D.   Public Access

                           Any new construction or substantial improvement of an
                           existing building shall provide for public access to
                           and along the waterfront in accordance with plans
                           approved by the Planning Board. This requirement is
                           intended to provide flexibility to the owner and the
                           city in arriving at an acceptable provision.  Possible
                           arrangements for access may include walkways, boat
                           launching or docking facilities open to. the public,
                           plazas or other means. Access provisions between
                           adjacent properties should be coordinated.

                           The Planning Board may waive. this requirement if it
                           finds that public access would be incompatible with the
                           use of the property or if public safety problems would
                           be.created.

                   Section   8.08     Marine Busiiiess District         14B

                          (South   End: Burgess Marina and Museum properties
                          Vorth End: Area between Stinson Canning and Downeast
                          Machine)

                          A.    Purpose

                                The purpose of the Marine Business District is to
                                provide areas for the location of marine related
                                businesses which require a waterfront location, but
                                which may have a greater adverse impact on surrounding
                                propei@ties than those uses permitted in the waterfront
                                district.

                          B.    Permitted    Uses

                                (1)   Sales, rental and service of boats and marine
                                      motors.

                                (2)   Marine products wholesaling and retailing.
                                (3)   'Boat building, repair, storage and dockage'.

                                (4)   Seafood receiving, handling, storage, processing,
                                      shipping and retail activities.

                                (5)   Marinas.

                                (6)   Water   transportation services.

                                (7)          chart-er operations."

                                .(8)  Boat ramps.

                                (9)   Parks and picnic      facilities.

                                (10)  Marine museui@/educational       facilities.

                                (11)  Accessory    uses.

                                @(12) Sewage Treatment      Plant

                          C..'  Space and-Bulk Requirements..

                                                lot   size

                                             20, 000 square   f eet.`.--...

                                (2) ..@Minimum street    frontage@.

                                             100 -.feet.

                                            Marine  Business-District    MB'- page  2
                continued  Section  8.08

                            (3)  Setbacks.
                                 front, 20   feet
                                 side, 20 feet
                                 rear, 20   feet
                                 river, 25 feet

                            (4)  Yards
                                 front, 20 feet
                                 side,' 5 feet*
                                 rear, 5 feet*
                                 *20 feet where   property abuts  a residential zone.
                            (5)  Maximum building height, 35 feet.
                            (6)  Maximum lot coverage, 35%.

                Section   8.10   Industrial  15istrict   I

                      (south  end of shipyard     Leeman Highway    Washington  Street)

                      A.    Purpose

                            The purpose of the industrial   District is  to provide
                            areas within the City for the   manufacture, assembly,
                            repair or distribution of marine-related products as
                            well as for light manufacturing and light industrial
                            uses. Uses within the district should be controlled      to
                            minimize their impact on surrounding properties.

                      B.    Permitted Uses

                            The following uses are permitted in the Industrial
                            District:.

                            (1)  Shipbuilding   and repair.

                            (2)  Commercial parking -facilities.

                            (3) Light manufacturing.

                            (4) Government buildings and uses.

                            (5) Day nursery, kindergarten, or     nursery school.

                            (6)  Water transportation and railroad    services.
                            (7)  Trucking and warehousing'.

                            (8)  Accessory uses.                7

                      C.,   S ace and  Bulk Standards'
                              p
                            (1)  Minimum lo@*size,'  None.

                            (2)'.'Minimum street  frontage, None.

                            (3) -.Setbacks
                                 front, 50 feet
                                 side'.25 feet*'
                                 rear,*25 feet*:*
                                 river, 25 feet
                                .*50 feet where   the property abuts  a  residential
                                 zone or where a residential district exists on the
                               .,-other side of a  public  street.-

                 Continued  Section 8.10   Iiidustrial@District I -'page 2

                            (4) Yards
                                front,  50 feet
                                side, None*
                                rear, None*
                                *50 feet where  the property abuts a residential
                                zone or where a residential district exists on the
                                .other side of a public street.

                            (5) Maximum building height, 70  feet.

                            (6) Maximum lot coverage, 755.-.

                     Section     '8.13    Waterfront      Residential    District       RW

                            West Bath     line .. @ east  of  High   Street      Webber Avenue
                            Kennebec River

                            Area between Coal        Pocket   and Stinson canning        Company.

                            Area between Downeast Machine Company to end                 of Washington
                            Street

                            A.     Purpose
                                   The purpose of the Waterfront Residential Zone is                   ,to
                                   conserve the integrity and natural qualities of the
                                   Kennebec River shorefront while allowing for medium*
                                   intensity development compatible with the physical
                                   capability of the land.

                            B.     Permitted uses
                                   The following uses are permitted in The Waterfront
                                   Residential Zone:

                                   (1)    Single family and new two family dwellings.

                                   (2)    Accessory uses and bui        ldings   including home
                                          occupations.

                                   (3)    Garage.sales.

                                   (4)    Multifamily housing.,

                                   .(5)   Government buildings        or uses,
                                   (i@)   Day  nursery,-kinaergarten or          nursery    school.

                                   (7)    The  conversion of an*existing          one   or two-family
                                          dwelling to create        additional     dwelling.units.

                                   (8)    Veighborhood     business     uses.

                                  '_(9)   Bed  and  breakfast establishment.*

                                   (10)   marina   as  part   of  multif amily housing.

                  Continued   Section 8.13    V@terfront  Residential  District  .-RW'-
                  page 2

                        C.    Space and  bulk  standards

                                                          with  sewers     without  sewers
                              (1)  Minimum  lot size
                                   for residential
                                   uses                   12 It 000 sq.ft. 20,000 sq.ft.
                              (2)  Minimum lot area
                                   per dwelling unit        7,500 sq. f t@. 20,000 sq.ft.
                              (3)  Minimum lot size
                                   for nonresiden-
                                   tial uses              10,000  sq.ft.   20,000 sq.ft.
                              (4)  Minimum street
                                   frontage                    80 feet         125 feet
                              (5)  Setbacks
                                   front, 25 feet
                                   side, 20 feet
                                   rear, 20 feet
                                   waterbody, 25   feet
                              (6)  Yards
                                   front, 20 feet
                                   side, 20 feet
                                   rear, 20 feet
                              (7)  Maximum building height, 40     feet
                              (8)  Maximum lot coverage,.40-0.

                 r

                   Section          Waterfront Rural    District     WRD

                         (Follows-Back lot lines or     500 foot  depth in  R III)

                         A.    Purpose
                               The purpose of the   rural district is to conserve the
                               integrity and natural qualities of rural open space for
                               the betterment of the community while allowing for low
                               intensity development of the area for residential and
                               local commercial uses which are compatible with the
                               physical capability of the land.

                         B.    Permitted@uses

                               (1)  Single family and new two family dwellings.

                               (2)  Accessory uses and buildings.

                               (3)  Garage sales.

                               (4)  Government buildings 'and uses.

                               (5)  Day nursery, kindergarten, or nursery school.
                               (6)  Home occuipations.

                               (7)  The conversion of an exIsting structure to a bed
                                    and breakfast establishment.

                               (8)  General purpose farming, forestry and nursery,
                                    gardens,-excluding the    raising  of poultry or
                                    swine.

                         C.*   Space and bulk standards'.'

                               (1)  Minimum.lot    size for residential'use,'  80,000.
                                    sq.ft.

                               (2)  Minimum lot-area    per.dwelling  unit,  60,000  sq.ft.,
                               (3)  Minimum.lot    size for nonresidential.use,   @50 'ObO
                                   Isq.ft..'

                                                     -frontage, 200  feet.
                               (4) ..Minimum  street

                               (5) -.Setbacks,
                                  "
                                    front,* 35 feet
                                    -side,'25 feet
                                    rear,'-25 feet
                                    water  body,,  150 feet

                 Continued   Section   8.15-Rural District   RIII-page*2

                             (6). Yards
                                  front, 35  feet
                                  side, 25 feet
                                  rear, 25 feet
                                  water  bodies, 100 feet.

                             (7)  Maximum building height, 40   feet.

                             (8)  Maximum lot coverage, 20-0..

           i
           I
              3 6668 14103 142c,
                                 _. j