[1]
Editor's Note: Former Division 2, adopted 3-4-1997 by Ord. No. 28-1997, as amended 4-15-1997 by Ord. No. 42-1997, which contained provisions for the Traffic Corridor Overlay District, was repealed 12-18-2001 by Ord. No. 26-2001.
[Added 9-5-2023(3)]
No person shall build, occupy, maintain or use a structure or create a new use in the Airport Overlay District of the City unless it is in compliance with the provisions of this division. The purpose of this division is to limit future conflicts between airport uses and other uses allowed in the underlying zoning districts.
[Added 9-5-2023(3)]
Existing uses or structures which are not permitted in Sections 102-873, 102-874, 102-875 and 102-876 which are legally owned, occupied or maintained within the Airport Overlay District of the City on September 5, 2023, are nonconforming uses under the provisions of this chapter. Legally existing nonconforming uses may continue, provided they do not create any significant risk of causing an adverse impact upon the Belfast Municipal Airport or property users. Expansion of legally existing non-conforming uses may be permitted by the Code Enforcement Officer, provided that the expansion does not exceed a 30% lifetime footprint area expansion limit. For these purposes, only the area of a structure located in the overlay may be considered for expansion, similar to the Chapter 102, Article III, Type 2 Nonconformity section of the City Code. Notwithstanding general zoning requirements and other standards regarding height in this Chapter, upward expansion of any legally existing, nonconforming one- and two-family homes within an existing structure's footprint area is permitted as long as no new dwelling units are created.
[Added 9-5-2023(3)]
Structures and uses permitted in the Airport Overlay District with Planning Board review are as follows:
(1) 
Zone A. Any use permitted with Planning Board approval in the underlying zoning district except the following:
a. 
One- and Two-Family Homes, Accessory Dwelling Units, Accessory Residential structures with habitable space (does not include garages, greenhouses, sheds, etc.).
b. 
Multi-Family and Flex Housing dwellings.
c. 
Planned Unit Development including Rural Affordable Developments.
d. 
Manufactured housing on a chassis or modular.
e. 
Group homes, Owner Occupied Boarding or Lodging Houses, Congregate Care, Residential Retirement housing, Assisted Living Facilities.
f. 
Bed and Breakfasts.
Any new building, temporary structure, appurtenance or other development shall not penetrate the three-dimensional space of Zone A.
(2) 
Zone C. Any use permitted with Planning Board approval in the underlying zoning district. Any new building, temporary structure, appurtenance or other development shall not penetrate the three-dimensional space of Zone C.
[Added 9-5-2023(3)]
Structures and uses permitted in the Airport Overlay District with CEO review are as follows:
(1) 
Zone A. Any use permitted with CEO approval in the underlying zoning district except the following:
a. 
One- and Two-Family Homes, Accessory Dwelling Units, Accessory Residential structures with habitable space (does not include garages, greenhouses, sheds, etc.).
b. 
Multi-Family and Flex Housing dwellings.
c. 
Planned Unit Development including Rural Affordable Developments.
d. 
Manufactured housing on a chassis or modular.
e. 
Group homes, Owner Occupied Boarding or Lodging Houses, Congregate Care, Residential Retirement housing, Assisted Living Facilities.
f. 
Bed and Breakfasts.
Any new building, temporary structure, appurtenance or other development shall not penetrate the three-dimensional space of Zone A.
(2) 
Zone C. Any use permitted with CEO approval in the underlying zoning district. Any new building, temporary structure, appurtenance or other development shall not penetrate the three-dimensional space of Zone C.
[Added 9-5-2023(3)]
An appeal of a decision of the code enforcement officer or the Planning Board denying any application where such denial is based on the provisions of this division shall be reviewed by the Zoning Board of Appeals in accordance with Chapter 102, Division 4, Appeals. A complete appeal application must be received within 30 days of the reviewing authority's written decision to be eligible for review.
[Added 9-5-2023(3)]
(a) 
Zone A shall include the space above the area extending from the northern (15) end of the runway at the Belfast Municipal Airport including the Runway Protection Zone measuring 500 feet wide 200 feet from the end of the paved runway, thence widening to 700 feet wide at a distance of 1,200 feet from the end of the paved runway, thence widening at the same angle and extending to Schoodic Drive on Map 5 Lots 1 and 26.
Zone A shall also include the area extending from the southern (33) end of the runway at the Belfast Municipal Airport measuring 500 feet wide 200 feet from the end of the paved runway, thence widening to 700 feet wide at a distance of 1,200 feet from the end of the paved runway, thence widening at the same angle and extending to a line 400' north of the northern edge of the Perkins Road right-of-way on Map 4 Lots 9 and 9-A.
The elevation of Zone A begins at the runway surface elevation of 197.6 feet (Mean Sea Level) and rises in a 34:1 slope away from the runway.
(b) 
(Reserved)
(c) 
Zone C shall include the space above the areas adjacent to Zone A described above, extending immediately adjacent to the runway (east and west sides) at a slope of 7:1 to 150 feet above the runway elevation. Zone C shall also include areas extending away from Zone A in the shape of an ellipse with a 10,000 foot radius surrounding the runway at an elevation 150 feet above the runway elevation, thence at a slope rising away from the runway at 20:1 for an additional 4,000 feet horizontally outward.
The elevation of Zone C begins from the plane established in Zone A and continues at a 34:1 slope, rising away from the runway to 150 feet above the runway elevation, or 347.6 feet (Mean Sea Level).
(d) 
The Airport Overlay is reflected in the official Airport Overlay Map as a supplement to this chapter.[1]
[1]
Editor's Note: The Airport Overlay Map is included as an attachment to this chapter.