[Ord. No. 8-1997, § 16(B), 7-15-1997]
No person shall, without first obtaining a permit, engage in
any activity or use of land or structure requiring a permit in the
district in which such activity or use would occur; or expand, change,
or replace an existing use or structure; or renew a discontinued nonconforming
use.
[Ord. No. 8-1997, § 16(C), 7-15-1997]
(a) Every applicant for a permit required by this chapter shall submit a written application, including a scaled site plan, on a form provided by the code enforcement officer or the Planning Board as indicated in section
82-135. See table 1 in section
82-135 for the appropriate approval authority.
(b) All applications shall be signed by the owner of the property or
other person authorizing the work, certifying that the information
in the application is complete and correct. If the person signing
the application is not the owner or lessee of the property, then that
person shall submit a letter of authorization from the owner or lessee.
(c) All applications shall be dated, and the code enforcement officer
or Planning Board, as appropriate, shall note upon each application
the date and time of its receipt.
(d) If the property is not served by a public sewer, a valid plumbing
permit or a completed application for a plumbing permit, including
the site evaluation approved by the licensed plumbing inspector, shall
be submitted whenever the nature of the proposed structure would require
the installation of a subsurface sewage disposal system.
[Ord. No. 54-2003, 6-17-2003; Ord. No. 20-2004, 1-6-2004]
Permits subject solely to code enforcement officer review are identified in section
82-135, Table 1. The code enforcement officer shall approve, approve with conditions, or deny the issuance of a shoreland permit using the following process:
(1) The code enforcement officer, within 30 calendar days of receipt
of an application, shall determine if the application is complete
and contains all information necessary to enable the officer to make
a determination. The code enforcement officer shall decide to approve,
approve with conditions, or deny a permit within 30 calendar days
of the officer's determination that the application is complete.
(2) The code enforcement officer shall review the application to determine conformance with provisions of this chapter, particularly sections
82-55, standards for review of shoreland permits, and article
V, land use standards, sections
82-161 through
82-451. The officer also shall issue findings of fact that describe the basis of his decision.
[Ord. No. 54-2003, 6-17-2003; Ord. No. 3-2005, 7-20-2004]
Permits subject to review by the planning board are identified in section
82-135, table 1. The planning board shall approve, approve with conditions, or deny the issuance of a shoreland permit using the following process.
(1) An application for a shoreland permit shall be made to the code enforcement
officer. The Code Enforcement Officer, within 30 calendar days of
receipt of an application, shall determine if an application contains
sufficient information to schedule the permit for review by the Planning
Board. The Code Enforcement Officer shall schedule the permit for
review and public hearing by the Planning Board at the first available
board meeting after the Code Enforcement Officer determines the application
contains sufficient information.
(2) The Department of Planning and Community Development shall provide
notification of the Planning Board meeting and public hearing in the
following manner:
a. In writing by first class mail at least 10 calendar days prior the
hearing to all owners of property that directly abut or are located
within 150 feet of any property line of the property for which a shoreland
permit is requested.
b. By posting notice of such hearing in Belfast City Hall a minimum
of 10 calendar days prior to the hearing.
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The notification, at a minimum, shall include the name of the
applicant, location of the property, subdistrict of the shoreland
zone in which the property is located, a description of the permit
request, the date of the hearing and information regarding how to
offer public comment. The Department of Planning and Community Development
shall retain a list of all persons contacted.
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(3) The Planning Board, at a scheduled meeting, shall review the application
to determine if it is complete and contains all information necessary
to make a decision.
(4) The Planning Board, at a scheduled meeting, shall conduct a public hearing, review the application, and issue findings of fact that describe its decision to approve, approve with conditions, or deny a permit. The board's findings and decision shall determine conformance with provisions of this chapter, particularly section
82-55, standards for review of shoreland permits, and article
V, land use standards, sections
82-161 through
82-451. The Planning Board shall render its decision within 30 days of the public hearing.
(5) A shoreland permit application for any of the following uses located in Belfast Harbor identified in section
82-135:
a. A pier, dock, wharf, bridge or other structure and use extending
over or below the normal high water line of Belfast Harbor;
c. Aquaculture;
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Shall require review by the Belfast Harbor Committee prior to the permit application being heard by the Belfast Planning Board. To allow sufficient time for Harbor Committee review, the time period specified in section 82-54(1) shall be 45 days.
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The Harbor Committee shall review the application to determine conformance with requirements of City code of ordinances, chapter 30, marine activities, and the standards identified in section 82-204. The committee shall issue its findings in writing to the Planning Board. The Planning Board shall consider the committee's findings in its review of a shoreland permit application.
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[Ord. No. 3-2005, 7-20-2004]
(a) Shoreland permit that does not involve a marine structure. An application for a use permit, site plan permit, subdivision permit or shoreland permit in the Waterfront Development shoreland district, may be subject to the contract rezoning process. Two properties in the Waterfront Development District, the former Stinson Seafoods property and the Penobscot Frozen Foods property, must use the contract rezoning process for any proposed change of use. Other properties (uses) may, upon submission of an application to the Planning Board and the approval of the board, may use the contract rezoning process. Uses in the Waterfront Development shoreland district that may qualify for the contract rezoning process are identified in section
82-135, table 1. Such uses shall be reviewed by the Planning Board and City Council in accordance with procedures identified in chapter
102, article
X, division 4.
The Planning Board and City Council shall make a finding that the proposed use satisfies the standards identified in section
82-56. The contract rezoning process specifically authorizes the Planning Board and City Council to allow activities that do not fully comply with the land use standards identified in chapter
82, article
V, provided both parties find that the conditions it shall impose upon an applicant (use) satisfy the intent and purposes of chapter
82, particularly the intent and purpose of establishing the Waterfront Development shoreland district. The role of the board and council in the contract rezoning process is more particularly described in chapter
102, article
X, division 4.
(b) Shoreland permit that involves a marine structure. An application for a shoreland permit in the Waterfront Development Shoreland District to construct a structure (reference 82-135, table 1, 17, 17(a) and 35) below the normal high water mark, may be subject to the contract rezoning process. Said application must be for a permit that involves a project that is located in both the Waterfront Development shoreland district and the Waterfront Mixed Use zoning district. Such uses shall be reviewed by the Harbor Committee, Planning Board and City Council in accordance with procedures identified in chapter
102, article
X, division 4.
The Harbor Committee, Planning Board and City Council shall make a finding that the proposed use satisfies the standards identified in section
82-56. These same parties shall use the standards established in 82-206.5 to determine the appropriateness of the application to use contract rezoning, and to impose conditions on an applicant.
[Ord. No. 54-2003, 6-17-2003; Ord. No. 20-2004, 1-6-2004]
An applicant for a shoreland permit shall have the burden of
proving that the proposed land use activity is in conformity with
the purposes and provisions of this chapter.
[Ord. No. 54-2003, 6-17-2003]
The code enforcement officer or Planning Board shall review
a completed application and shall approve, approve it with conditions,
or deny an application based on its findings regarding conformance
with the following standards:
(1) Will not result in unsafe conditions;
(2) Will not result in water pollution, erosion, or sedimentation to
surface waters;
(3) Will adequately provide for the disposal of all wastewater;
(4) Will not have an adverse impact on spawning grounds, fish, aquatic
life, or bird or other wildlife habitat;
(5) Will conserve shoreland vegetation;
(6) Will conserve visual points of access to inland and coastal waters
as viewed from public facilities and public (city and state) roads;
(7) Will conserve actual points of public access to inland and coastal
waters, particularly those areas to which the City has retained a
public right-of-way;
(8) Will not adversely impact archaeological and historic resources as
designated in the Belfast Comprehensive Plan;
(9) Will not adversely affect existing commercial fishing or maritime
activities in a Commercial Fisheries/Maritime Activities District;
(10) Will avoid problems associated with floodplain development and use;
and
(11) Is in conformance with the provisions of article
V of this chapter, pertaining to land use standards.
(12) If the application involves a structure, the structure cannot be
located in an unapproved subdivision, and must conform to any other
local ordinance or regulation or any state law which the City is responsible
for enforcing.
[Ord. No. 20-2004, 1-6-2004]
The planning board may approve a permit by special exception
to allow the construction of one single family residential structure
in a Resource Protection District if the applicant demonstrates that
all of the following conditions are met:
(1) There is no location on the property, other than a location within
the resource protection district, where the structure can be built.
(2) The lot on which the structure is proposed is undeveloped and was
established and recorded in the Waldo County Registry of Deeds prior
to the lot being designated Resource Protection District and depicted
on the City official shoreland zoning map as Resource Protection District.
(3) The proposed location of all buildings, sewage disposal systems and
other improvements are:
a. Located on natural ground slopes of less than 20%; and
b. Located outside the floodway of the one-hundred-year floodplain along rivers and artificially formed great ponds along rivers and outside the velocity zone in areas subject to tides, based on detailed flood insurance studies and as delineated on the Federal Emergency Management Agency's Flood Boundary and Floodway Maps and Flood Insurance Rate Maps; all buildings, including basements, are elevated at least one foot above the one-hundred-year floodplain elevation; and the development is otherwise in compliance with the City floodplain ordinance; reference chapter
78, floods.
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If the floodway is not shown on the Federal Emergency Management
Agency Maps, it is deemed to be 1/2 the width of the one-hundred-year
floodplain.
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(4) The total ground-floor area of all principal and accessory structures
is limited to a maximum of 1,500 square feet.
(5) All structures, except functionally water-dependent structures, are
set back from the normal high-water line or upland edge of a wetland
to the greatest practical extent, but not less than 75 feet. In determining
the greatest practical extent, the planning board shall consider the
depth of the lot, the slope of the land, the potential for soil erosion,
the type and amount of vegetation to be removed, the proposed building
site's elevation in regard to the floodplain, and its proximity to
moderate-value and high-value wetlands.
(6) The City zoning board of appeals can grant an administrative appeal,
but cannot grant a variance to the terms of a special exception for
the resource protection district.
[Ord. No. 8-1997, § 16(E), 7-15-1997; Ord. No. 54-2003, 6-17-2003; Ord. No. 20-2004, 1-6-2004]
A shoreland permit shall lapse and become void if no substantial
start is made in construction or in the use of the property within
one year of the date of the permit is issued, or if the improvements
identified in the permit are not completed within two years of the
date the permit is issued.
[Ord. No. 8-1997, § 16(F), 7-15-1997; Ord. No. 54-2003, 6-17-2003; Ord. No. 20-2004, 1-6-2004]
No public utility, water district, sanitary district or utility
company of any kind may install services to any new structure located
in the shoreland zone unless written authorization attesting to the
validity and currency of all local permits required under this chapter,
or any previous ordinance, has been issued by the City department
of planning and community development. Following installation of service,
the company or district shall forward the written authorization to
the department indicating that installation has been completed.