[Ord. No. 55-2003,[1] 6-17-2003]
This article is established in order to regulate marine activities
within the City harbor and waters adjacent to the shoreline of the
City in order to ensure safety to persons and property, to promote
availability and use of valuable public resources, and to create a
fair and efficient framework for the administration of such regulations.
[1]
Editor's Note: This ordinance repealed and reenacted former
Ch. 30, Marine Activities, in its entirety. Former Ch. 30, was adopted
3-21-1995, and amended 7-2-1996 by Ord. No. 1-1996; 4-1-1997 by Ord.
No. 37-1997; 7-21-1998 by Ord. No. 9-1998; 9-15-1998 by Ord. No. 17-1998;
12-15-1998 by Ord. No. 44-1998; 5-18-1999 by Ord. No. 67-1999; 4-3-2001
by Ord. No. 55-2001; and 11-6-2002 by Ord. No. 20-2002.
[Ord. No. 55-2003, 6-17-2003; Ord. No. 3-2005, 7-20-2004; Ord. No. 9-2005, § B, 9-6-2005; Ord. of 2-15-2011; Amd. of 5-2-2012]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The growing or propagation of harvestable freshwater, estuarine,
or marine plant or animal species.
Includes boats of all sizes powered by: sail, machinery or
hand; floats, rafts, scows, dredges, lobster, crab and shellfish cars,
and craft of any kind.
A vessel from which the owner obtains a substantial portion
of his/her income.
"Concessions" are defined as all businesses offering for
sale to the public goods or services, which advertise or provide information,
ticket sales, retail sales, or conduct other such activities within
the areas described in subsection [30-126](b) and depicted on appendix
A. "Concessions" include, but are not limited to sales of food or
goods, motorized or non-motorized watercraft rentals, tours, charters,
or sightseeing, overnight or fishing trips. This definition shall
not apply to any business which operates exclusively from October
15 through May 15.
A building constructed on a raft or hull that is represented
as a place of business, including but not limited to waterborne hotels,
restaurants, marinas or marina-related businesses.
A building constructed on a raft, barge, or hull that is
used primarily for single or multifamily habitation: if used for transportation,
this use is secondary.
Commercial user areas designated in the inner harbor to better
utilize harbor space by keeping similar vessels moored together.
Any floating structure not attached to or associated with
a pier or wharf, anchored or moored, and used normally for a berth,
lobster car, or other approved purpose.
Any device used by a craft for anchoring purposes and which
device is not carried aboard such craft when underway as regular equipment.
Is defined as follows:
INDIVIDUAL NONCOMMERCIAL MOORINGSMoorings placed by a vessel owner for his private use including commercial fishermen moorings.
COMMERCIAL/SERVICE MOORINGSCommercial mooring buoys that are not for sale or rent.
RENTAL MOORINGSMoorings for which any type of fee is charged in exchange for use rights.
A business that provides marine-related services, including
but not limited to construction, service, storage, or maintenance
of vessels, mooring inspections, charters, launch services or other
services to boaters, such as food or supplies, but does not have its
principal place of business within the City of Belfast. In order to
receive a mooring permit, a nonresident commercial business shall
demonstrate to the satisfaction of the Harbor Master that it requires
a mooring as an operational necessity of its business.
[Added 3-17-2015]
A person who holds a marine license issued by the Department
of Marine Resources and who requires use of a moored vessel to earn
a substantial portion of his or her income through fishing, but does
not occupy a dwelling in the City of Belfast for more than 180 days
in a calendar year.
[Added 3-17-2015]
Occasional use of the City-owned dock, launch ramp and breakwater
is defined as the commercial operation of a vessel(s) for purposes
including but not limited to tours, sightseeing, overnight or fishing
trips, or charters (educational, scientific, recreational or otherwise),
which meets the following criteria:
The vessel shall not make more than 12 departures from the City-owned
dock between May 15 and October 15 of a particular year;
The vessel has a home port of Belfast, Maine, meaning that:
The vessel makes the majority of its commercial departures during
a given year from Belfast Harbor, including trailered and launched
vessels;
The vessel is documented as a Belfast vessel; or
The vessel has a mooring, float or slip in Belfast Harbor or
its coastal waters.
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This definition shall not apply to any business that operates
exclusively from October 15 through May 15.
|
A person who occupies a dwelling in the City of Belfast for
more than 180 days in a calendar year.
A business that has its principal place of business within
the City of Belfast and that provides marine-related services, including
but not limited to construction, service, storage, or maintenance
of vessels, mooring inspections, charters, launch services, or other
services to boaters, such as food or supplies. In order to receive
a mooring permit, a resident commercial business shall demonstrate
to the satisfaction of the Harbor Master that it requires use of a
mooring as an operational necessity of its business.
[Added 3-17-2015]
A person who occupies a dwelling in the City of Belfast for
more than 180 days in a calendar year, who holds a commercial marine
license issued by the Department of Marine Resources, and who requires
use of a moored vessel to earn a substantial portion of his or her
income through fishing.
[Added 3-17-2015]
Persons who, prior to January 1, 1987, owned shore rights of
at least 100 feet of frontage regardless of the size of lot, in Belfast
Harbor or water adjacent to the shoreline of the City, or
An owner of the shore rights of a parcel of land with the larger
of the minimal buildable lot size in the municipality or 20,000 square
feet and, in either case, including 100 feet of shoreline frontage.
A line along the shoreline of Belfast as designated in this chapter and chapter 82, shoreland zoning, that defines the boundary beyond which there shall be no marine construction of a pier, wharf, dock, float or similar structure that is connected to land.
[Ord. No. 55-2003, 6-17-2003]
The City council, upon recommendation by the harbor advisory
committee, shall set harbor usage fees to be paid by the owner or
master of vessels at all municipal facilities. The fees are to be
paid to the City for the harbor advisory committee to use to upgrade,
maintain and supervise all municipal facilities. In setting the dockage
fees, the following criteria will be used: boat length, dockage duration,
and overall cost of upgrading, maintaining and supervising all municipal
facilities.
[Ord. No. 55-2003, 6-17-2003]
The harbormaster may deny access to municipal facilities to
a vessel if it is unsafe, or if it emanates obnoxious fumes, fluids,
oils and other noxious substances.
