[Ord. No. 8-1997, § 17, 7-15-1997; Ord. No. 40-1997, 4-1-1997; Ord. No. 54-2003, 6-17-2003; Ord. No. 20-2004, 1-6-2004]
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. The definition of other words, terms and phrases used in this chapter shall have the meanings ascribed to them in the City Code of Ordinances, chapter 66, General Provisions, except where the context clearly indicates a different meaning.
The shoreline and waters of Belfast as such are defined in section 30-92 of this Code. The southerly most boundary of this area is a line extending across Belfast Bay from the Belfast/Northport town line to the Belfast/Searsport town line, and the northerly most boundary is the bridge on City Point Road at Head of the Tide for the Passagassawakeag River.
Numerical standards relating to spatial relationships, including
but not limited to structure setback from the normal high water mark
of a regulated waterbody or wetland, lot area, shore frontage, lot
coverage and height.
An increase in the floor area or volume of a structure, including
all extensions, such as, but not limited to, attached decks, garages,
porches and greenhouses.
The addition of days, weeks or months to a use's operating
season, additional hours of operation, or the use of more floor area
or ground area devoted to a particular use.
Freshwater swamps, marshes, bogs and similar areas which
are:
Of 10 or more contiguous acres;
Less than 10 contiguous acres and adjacent to a surface water
body, excluding any river, stream or brook, such that, in a natural
state, the combined surface area is in excess of 10 acres; and
Inundated or saturated by surface water or groundwater at a
frequency and for a duration sufficient to support, and which under
normal circumstances do support, a prevalence of wetland vegetation
typically adapted for life in saturated soils.
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Freshwater wetlands may contain small stream channels or inclusions
of land that do not conform to the criteria of this definition.
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Any inland body of water which in a natural state has a surface
area in excess of 10 acres, and any inland body of water artificially
formed or increased which has a surface area in excess of 30 acres
except, for the purposes of this chapter, where the artificially formed
or increased inland body of water is completely surrounded by land
held by a single owner. In Belfast, only Upper Mason Pond, qualifies
as a great pond.
The vertical distance between the mean original grade at
the downhill side of the structure and the highest point of the structure,
excluding chimneys, steeples, antennas, and similar appurtenances
which have no floor area.
The percentage of the lot area within the shoreland zone
that is an impervious surface, including but not limited to the area
covered by all structures and nonvegetated surfaces.
A single lot of record which, on the effective date (November
1991) of the ordinance from which this chapter is derived, or the
date of an amendment of this chapter, does not meet the area, frontage,
or width requirements of the shoreland district in which it is located.
A structure which does not meet any one or more of the following
dimensional requirements: setback, height, or lot coverage, but which
is allowed solely because it was in lawful existence at the time (November
1991) this chapter or subsequent amendments took effect.
Use of buildings, structures, premises, land or parts thereof
which is not permitted in the shoreland district in which it is situated,
but which is allowed to remain solely because it was in lawful existence
at the time (November 1991) this chapter or subsequent amendments
took effect.
The map duly adopted by the Belfast City Council, as may
be amended from time to time, that depicts the lands, waterbodies
and wetlands in Belfast that are subject to requirements of this chapter.
The nearest horizontal distance from the normal high-water
line to the nearest part of a structure, road, parking space or other
regulated object or area.
The length of a lot bordering on a water body measured in
a straight line between the intersections of the side lot lines with
the shoreline at normal high-water elevation.
The land area located within 250 feet, horizontal distance,
of the normal high-water line of any great pond, river, or salt-water
body; within 250 feet of the upland edge of a coastal or freshwater
wetland; or within 75 feet of the normal high-water line of a stream.
Lands, waterbodies and wetlands in the City of Belfast that are subject
to shoreland zone requirements are depicted on the City official shoreland
zoning map.
A small watershed that feeds into an intermittent stream.
A channel between defined banks created by the action of
surface water, whether intermittent or perennial, and which is characterized
by the lack of upland vegetation or presence of aquatic vegetation
and by the presence of a bed devoid of topsoil containing waterborne
deposits on exposed soil, parent material or bedrock, and which flows
to a water body or wetland. This definition does not include the term
"stream" as defined in this section, and only applies to that portion
of the tributary stream located within the shoreland zone of the receiving
water body or wetland.
Nonwetland areas.
The boundary between upland and wetland.
All live trees, shrubs, ground cover, and other plants, including,
without limitation, trees both over and under four inches in diameter,
measured at 4 1/2 feet above ground level.
Any great pond, river, stream or tidal area.
Wetlands contiguous with or adjacent to a great pond or river,
and which, during normal high water, are connected by surface water
to the great pond or river. Also included are wetlands which are separated
from the great pond or river by a berm, causeway, or similar feature
less than 100 feet in width, and which have a surface elevation at
or below the normal high-water line of the great pond or river. Wetlands
associated with great ponds or rivers are considered to be part of
that great pond or river. In Belfast, only Upper Mason Pond qualifies
as a great pond.
A line along the shoreline of Belfast as designated in this chapter and chapter 30, Marine Activities, 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 the land.
[Ord. No. 8-1997, § 16(H), 7-15-1997]
(a)
Violations deemed nuisance. Any violation of this chapter shall be
deemed to be a nuisance.
(b)
Enforcement procedure.
(1)
It shall be the duty of the code enforcement officer to enforce the
provisions of this chapter. If the code enforcement officer shall
find that any provision of this chapter is being violated, he shall
notify in writing the person responsible for such violation, indicating
the nature of the violation and ordering the action necessary to correct
it, including discontinuance of illegal use of land, buildings or
structures, or work being done, removal of illegal buildings or structures,
and abatement of nuisance conditions. A copy of such notices shall
be submitted to the City manager and be maintained as a permanent
record.
(2)
The code enforcement officer shall conduct on-site inspections to
ensure compliance with all applicable laws and conditions attached
to permit approvals. The code enforcement officer shall also investigate
all complaints of alleged violations of this chapter.
(3)
The code enforcement officer shall keep a complete record of all
essential transactions of the office, including applications submitted,
permits granted or denied, variances granted or denied, revocation
actions, revocation of permits, appeals, court actions, violations
investigated, violations found, and fees collected. On a biennial
basis, a summary of this record shall be submitted to the director
of the bureau of land quality control within the state department
of environmental protection.
(c)
Legal action; consent agreements. When the action described in subsection (b) of this section does not result in the correction or abatement of the violation or nuisance condition, the City Council, upon notice from the code enforcement officer, is hereby authorized to institute any and all actions and proceedings, either legal or equitable, including seeking injunctions of violations and the imposition of fines, that may be appropriate or necessary to enforce the provisions of this chapter in the name of the City. The City Council, or its authorized agent, is hereby authorized to enter into administrative consent agreements for the purpose of eliminating violations of this chapter and recovering fines without court action. Such agreements shall not allow an illegal structure or use to continue unless there is clear and convincing evidence that the illegal structure or use was constructed or conducted as a direct result of erroneous advice given by the code enforcement officer and there is no evidence that the owner acted in bad faith, or unless the removal of the structure or use will result in a threat or hazard to public health and safety or will result in substantial environmental damage.
(d)
Penalties; additional remedies.
(1)
Any person, including but not limited to a landowner, a landowner's
agent or a contractor, who violates any provision of this chapter
shall be penalized in accordance with 30-A M.R.S.A. § 4452.
(2)
In addition, the City shall be entitled to all of the relief, including
its costs and legal fees, as allowed by 30-A M.R.S.A. § 4452.
Notwithstanding any provision to the contrary, including the provisions
of 30-A M.R.S.A. § 4452, the City shall be entitled to judgment
against any violator for its costs, expert witness fees, code enforcement
expenses and attorneys' fees incurred in enforcing this chapter.
(3)
The City shall also have the right to enforce this chapter through
civil action, either at law or equity. The enforcement provisions
contained in this section shall exist in addition to those which may
exist under state statutory law or Rule 80K of the Maine Rules of
Civil Procedure, or any other court rule or statutory provision.
(4)
Each and every day of violation shall constitute a new and separate
offense for which a minimum penalty of $100 shall be assessed.
(5)
Penalties include fines of not less than $100 and not more than $2,500
per violation for each day that the violation continues.
[Ord. No. 8-1997, § 1, 7-15-1997; Ord. No. 54-2003, 6-17-2003]
The purposes of this chapter are to further the maintenance
of safe and healthful conditions; to prevent and control water pollution;
to adequately provide for the disposal of all wastewater; to protect
fish spawning grounds, aquatic life, and bird and other wildlife habitat;
to protect buildings and lands from flooding and accelerated erosion;
to protect archaeological and historic resources; to protect commercial
fishing and maritime industries and activities; to protect fresh-water
and coastal wetlands; to control building sites, placement of structures
and land uses; to conserve shore cover; to protect visual as well
as actual points of public access to inland and coastal waters; to
conserve natural beauty and open space; and to anticipate and respond
to the impacts of development in shoreland areas.
[Ord. No. 8-1997, § 2, 7-15-1997]
This chapter has been prepared in accordance with the provisions
of 38 M.R.S.A. §§ 435-449.
[Ord. No. 8-1997, § 3, 7-15-1997; Ord. No. 54-2003, 6-17-2003]
This chapter applies to all land areas depicted on the City
official shoreland zoning map that are within 250 feet, horizontal
distance, of the normal high-water line of any great pond, river or
salt-water body; within 250 feet, horizontal distance, of the upland
edge of a coastal or freshwater wetland; and within 75 feet, horizontal
distance, of the normal high-water line of a stream. This chapter
also applies to any dock, wharf, pier, or other structure extending
beyond the normal high-water line of a water body or within a wetland,
and any structure built on, over or abutting these structures.
[Ord. No. 8-1997, § 4, 7-15-1997; Ord. No. 20-2004, 1-6-2004]
The ordinance codified in this chapter was adopted by the City
council on November 6,1991, and was forwarded to and was subsequently
approved by the state board of environmental protection. The City
shoreland zoning ordinance previously imposed was repealed effective
November 6, 1991.
[Ord. No. 8-1997, § 5, 7-15-1997; Ord. No. 20-2004, 1-6-2004]
A certified copy of the ordinance codified in this chapter,
as may be amended from time to time, shall be filed with the City
Clerk and shall be accessible to any member of the public. Copies
shall be made available to the public at reasonable cost at the expense
of the person making the request. Notice of availability of the ordinance
shall be posted.
[Ord. No. 8-1997, § 7, 7-15-1997]
Whenever a provision of this chapter conflicts with or is inconsistent
with another provision of this chapter or of any other ordinance,
regulation or statute, the more restrictive provision shall control.
[Ord. No. 8-1997, § 8, 7-15-1997; Ord. No. 20-2004, 1-6-2004]
This chapter may be amended by majority vote of the City council.
Copies of amendments, attested and signed by the City Clerk, shall
be submitted to the state board of environmental protection following
adoption by the City council and shall not be effective unless approved
by the board of environmental protection. If the board of environmental
protection fails to act on any amendment within 45 days of the board's
receipt of the amendment, the amendment is automatically approved.
Any application for a permit submitted to the City within the forty-five-day
period shall be governed by the terms of the amendment, if such amendment
is approved by the board of environmental protection.
