[Ord. No. 8-1997, § 15(B)(1), 7-15-1997; Ord. No. 16-2000, 8-15-2000; Ord. No. 20-2004, 1-6-2004; Ord. No. 3-2005, 7-20-2004]
(a) All new principal and accessory structures and expansions of existing
principal and accessory structures shall satisfy the following minimum
requirements.
|
District
|
Amount of Setback
(feet)
|
Maximum Height
(feet)
|
Lot Coverage
(percent)
|
---|
|
(1)
|
Resource protection
|
100
|
35
|
20
|
|
(2)
|
Limited residential
|
1001
|
35
|
20
|
|
|
|
752
|
|
|
|
(3)
|
Urban residential
|
25
|
35
|
35
|
|
(4)
|
General development
|
25
|
50
|
70
|
|
(5)
|
Reserved
|
|
|
|
|
(6)
|
Stream protection
|
75
|
35
|
20
|
|
(7)
|
Stream development
|
25
|
50
|
70
|
|
(8)
|
Manufactured housing community
|
253
|
35
|
80
|
|
(9)
|
Waterfront development
|
04
|
354
|
1004
|
|
NOTES:
|
|
1
|
100 feet from Upper Mason Pond and the section of the Goose
River that flows to this pond.
|
|
2
|
75 feet from all other waterbodies
|
|
3
|
In the Manufactured Housing Community District, no new or existing
structure in the Swan Lake Mobile Home Park shall be located closer
to the normal high mark of the Goose River than any existing manufactured
housing unit, and the Park owner must demonstrate why any unit should
be permitted to have a setback of less than 25 feet from the normal
high water mark. For all other structures on all other properties
in this district, the minimum structure setback shall be 25 feet from
the normal high water mark.
|
|
4
|
In the Waterfront Development district, standards may be subject to the contract rezoning process established in this chapter and chapter 102, zoning, article x, division 4.
|
(b) The setback for all principal and accessory structures shall be measured
from the normal high water line of the water body, tributary stream
or upland edge of a wetland. The water body or wetland setback provision,
however, shall neither apply to principal or accessory structures
which require direct access to the water as an operational necessity,
such as piers, docks and retaining walls, nor to other functionally
water-dependent uses.
[Ord. No. 8-1997, § 15(B)(3), 7-15-1997]
The first-floor elevation or openings of all buildings and structures shall be elevated at least one foot above the elevation of the one-hundred-year flood, the flood of record, or, in the absence of these, the flood as defined by soil types identified as recent floodplain soils. All structures or substantially improved structures shall comply with chapter
78, article
II. Basements which are not elevated at least one foot above the elevation of the one-hundred-year flood, the flood of record or, in the absence of these, the flood as defined by soil types identified as recent floodplain soils, may not be used for living space.
[Ord. No. 8-1997, § 15(C), 7-15-1997; Ord. No. 16-2000, 8-15-2000; Ord. No. 54-2003, 6-17-2003; Ord. No. 3-2005, 7-20-2004]
(a) Piers, docks, wharfs, bridges and other structures and uses extending
over or beyond the normal high-water line of a water body or within
a wetland shall be subject to the following standards:
(1)
Access from shore shall be developed on soils appropriate for
such use and constructed so as to control erosion.
(2)
The location shall not interfere with existing developed or
natural beach areas.
(3)
The facility shall be located so as to minimize adverse effects
on fisheries.
(4)
The facility shall be no larger in dimension than necessary
to carry on the activity and be consistent with the existing conditions,
use, and character of the area.
(5)
The facility shall not encroach into, interfere with, or pose
a hazard to navigational channels, and shall not extend within 25
feet of the established channels in Belfast harbor.
(6)
The facility shall not interfere with access to and from existing
mooring and berthing areas for both commercial and recreational uses
in Belfast harbor.
(7)
The facility shall not displace or eliminate existing mooring
and berthing areas, both public and private, for commercial and recreational
uses in Belfast harbor.
(8)
The facility shall not interfere with public access to and use
of the waters of Belfast harbor, including public rights of way and
public and private launching ramps and related facilities.
(9)
All points and location of the facility shall comply with the following wharf line restrictions for Belfast harbor established in City code of ordinances, marine activities, section
30-95:
|
Harbor District
|
Distance Standard
|
---|
|
a.
|
Coastal harbor
|
300 feet from normal high water
|
|
b.
|
Outer harbor
|
200 feet from normal high water
|
|
c.
|
Inner harbor
|
|
|
|
c.1
|
West side of harbor
|
100 feet from normal high water
|
|
|
c.2
|
East side of harbor
|
100 feet from normal high water
|
|
d.
|
Bridge
|
|
|
|
d.1
|
West side of harbor
|
25 feet from the designated navigational channel
|
|
|
d.2
|
East side of harbor
|
100 feet from normal high water mark for structures connected
to shore. 25 feet from the designated navigational channel for structures
connected to the foot bridge.
|
|
e.
|
River
|
100 feet
|
(10)
The facility shall not interfere with or pose a hazard to navigation
by obscuring visibility or by the display of distracting lights. The
facility, if deemed appropriate, shall display appropriate warning
lights to aid in navigation and public safety.
(11)
No new structure shall be built on, over or abutting a pier,
wharf, dock or other structure extending beyond the normal highwater
line of a water body or within a wetland unless the structure requires
direct access to the water as an operational necessity.
(12)
No existing structures built on, over or abutting a pier, dock,
wharf or other structure extending beyond the normal highwater line
of a water body or within a wetland shall be converted to residential
dwelling units in any district, nor shall any existing use be changed
or expanded without Planning Board approval.
(13)
Except in the General Development District and Waterfront Development
District, structures built on, over or abutting a pier, wharf, dock
or other structure extending beyond the normal high-water line of
a water body or within a wetland shall not exceed 20 feet in height
above the pier, wharf, dock or other structure.
(b) Permanent structures projecting into or over water bodies shall require
a permit from the state department of environmental protection pursuant
to the Natural Resources Protection Act, 38 M.R.S.A. § 480-C.
(c) The Belfast Harbor Committee, as stipulated in section
82-54(5), shall provide a recommendation to the Planning Board regarding the standards identified in this section.
[Ord. No. 8-1997, § 15(B)(5), 7-15-1997; Ord. No. 54-2003, 6-17-2003]
Notwithstanding the requirements otherwise stated in this division,
stairways or similar structures may be allowed, with a permit from
the code enforcement officer, to provide shoreline access in areas
of steep slopes or unstable soils, provided that the structure is
limited to a maximum of four feet in width, that the structure does
not extend below or over the normal high-water line of a water body
or upland edge of a wetland (unless permitted by the state department
of environmental protection pursuant to the Natural Resources Protection
Act, 38 M.R.S.A. § 480-C), and that the applicant demonstrates
that no reasonable access alternative exists on the property.
[Ord. No. 3-2005, 7-20-2004]
(a)
An applicant may request the use of contract rezoning to determine the configuration of a pier, dock, or other structure projecting into or over a waterbody or wetland that is located in the Inner Harbor, provided the property is located in both the Waterfront Mixed Use zoning district and the Waterfront Development shoreland district. The Harbor Committee and Planning Board shall use the process established in chapter
102, article
X, division 4, to review and make a decision regarding the application. The factors the Harbor Committee and Planning Board shall consider to determine the appropriateness of a request to use contract rezoning are as follows:
(1)
The acceptability of the soils on which a structure is located
to support the proposed use and to control erosion.
(2)
The location of the structure and its impact on existing developed
or natural beach areas.
(3)
The amount of adverse impact the facility may have on fisheries,
and measures the applicant can implement to minimize adverse effects
on fisheries. The committee or board may require an applicant to prepare
an analysis of potential impacts on fisheries which the committee
and board can review in rendering its decision.
(4)
The dimensions of the facility and the need for such dimensions
to carry on the activity. The committee and board, in rendering its
decision, shall consider if proposal is consistent with the existing
conditions, use, and character of the area, and plans and policies
adopted by the Harbor Committee and City for this area.
(5)
The impact the proposed facility may have on safe use of the
navigational channel. In no case, however, shall any structure extend
within 25 feet of the established navigational channel for Belfast
harbor.
(6)
The impact the proposed facility may have on access to and from
existing mooring and berthing areas for both commercial and recreational
uses in Belfast harbor, and measures the applicant can implement to
minimize or avoid such impacts.
(7)
The impact the proposed facility may have on the displacement
or elimination of existing mooring and berthing areas, both public
and private, for both commercial and recreational uses in Belfast
harbor, and measures the applicant can implement to minimize, avoid
or rectify such impacts.
(8)
The impact the proposed facility may have on public access to
and use of the waters of Belfast harbor, including public rights of
way and public and private launching ramps and related facilities,
and measures the applicant can implement to minimize, avoid or rectify
such impacts. The Harbor Committee or Planning Board, in particular,
such consider improvements an applicant shall make to the Belfast
coastal walk and foot bridge, and the connectivity between such public
facilities, in considering public access issues.
(9)
The distance the proposed facility is located from the normal
high water mark and the designated navigational channel, and the necessity
to extend the facility beyond the one-hundred-foot wharf line from
the normal high water specified in 82-204(9). All facilities, however,
must be a minimum of 25 feet from the navigational channel.
(10)
The impact or degree of hazard a proposed facility may pose
on navigation, either by obscuring visibility or by the display of
distracting lights, and measures the applicant can implement to minimize
or avoid such impacts and facilities that can be constructed to aid
in navigation and public safety.
(11)
The need of the proposed facility for direct access to the water
as an operational necessity. The committee or board may require the
applicant to conduct an alternatives analysis for a proposed facility.
(12)
The proposed height of any structure built on a pier or dock
and the need for such height as a functional necessity of the project.
(13)
State and federal requirements for the proposed facility and
conditions such agencies may require in allowing a project.
(b)
Permanent structures projecting into or over water bodies shall
require a permit from the state department of environmental protection
pursuant to the Natural Resources Protection Act, 38 M.R.S.A. § 480-C.
(c)
The Belfast Harbor Committee, as stipulated in section
82-54(5), and chapter
102, article
X, division 4, shall provide a recommendation to the Planning Board regarding the standards identified in this section.