[3-7-2023(1)[1]]
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. As such, some definitions that appear in the Maine Department of Environmental Protection, Chapter 1000: Guidelines for Municipal Shoreland Ordinances, are included in Chapter 66, General Provisions, rather than this Section 82-1. In addition, specific terms that apply to certain specific uses that can occur in Chapter 82, Shoreland Zoning, can be found in the following Divisions of Chapter 102, Zoning, Article VIII, Supplementary District Regulations: Division 5, Telecommunication Facilities, Division 7, Significant Groundwater Well Permit, Division 8, Medical Marijuana Regulations, and Division 2.5, Adult Use Marijuana Regulations.
The growing or propagation of harvestable freshwater, estuarine, or marine plant or animal species in a freshwater waterbody; such as a stream, river, or pond. Said facility may involve the intake of marine waters or freshwater or discharge of waters to marine waters or freshwater and be considered a freshwater aquaculture operation.
The growing or propagation of harvestable freshwater, estuarine, or marine plant or animal species in an onshore land based facility. Said facility may involve the intake of marine waters or freshwater or the discharge of waters to marine waters or freshwater and be considered a land based aquaculture operation.
The growing or propagation of harvestable freshwater, estuarine, or marine plant or animal species entirely within a marine environment, such as Belfast Bay. Only aquaculture operations that occur in intertidal waters and above the low tide mark, or that occur on or are attached/connected to a structure that is connected to shore shall be subject to the requirements of Chapter 82, Shoreland Zoning; reference Section 82-137, Table of Land Uses for Shoreland Districts.
The area of cross-section of a tree stem at 4.5 feet above ground level and inclusive of bark.
(Note - This definition is specific to Chapter 82, Shoreland Zoning.) Any portion of a structure with a floor-to-ceiling height of 6 feet or more and having more than 50 percent of its volume below the existing ground grade.
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.
The more or less continuous cover formed by tree crowns in the wooded area.
The cross-sectional area of a stream or tributary stream channel is determined by multiplying the stream or tributary stream channel width by the average stream or tributary stream channel depth. The stream or tributary stream channel width is the straight line distance from the normal high-water line on one side of the channel to the normal high-water line on the opposite side of the channel. The average stream or tributary stream channel depth is the average of the vertical distances from a straight line between the normal high-water lines of the stream or tributary stream channel to the bottom of the channel.
The diameter of a standing tree measured 4.5 feet from ground level.
Numerical standards relating to spatial relationships, including but not limited to structure setback from the normal high water mark of a regulated water body or wetland, lot area, shore frontage, lot coverage, and structure height.
The alteration of the physical shape, properties, or condition of a shoreline at any location by timber harvesting and related activities. A shoreline where shoreline integrity has been disrupted is recognized by compacted, scarified and/or rutted soil, an abnormal channel or shoreline cross-section, and in the case of flowing waters, a profile and character altered from natural conditions.
An increase in the footprint of a structure, including all extensions, such as, but not limited to: attached decks, garages, porches, and greenhouses.
The addition of one or more months to a use's operating season; or the use of more footprint of a structure devoted to a particular use.
(Note - This definition of "floodway" is specific to Chapter 82. Chapter 78, Floods, has a more specific definition of a "regulatory floodway" that is specific to Chapter 78, Floods.) The channel of a river or other watercourse and adjacent land areas that must be reserved in order to discharge the 100-year flood without cumulatively increasing the water surface elevation by more than one foot in height.
The entire area of ground covered by the structure(s) on a lot, including but not limited to cantilevered or similar overhanging extensions, as well as unenclosed structures, such as patios and decks.
A contiguous group of trees sufficiently uniform in age class, distribution, composition, and structure, and growing on a site of sufficiently uniform quality to be a distinguishable unit.
A freshwater wetland dominated by woody vegetation that is 20 feet or more in height.
Freshwater swamps, marshes, bogs, and similar areas, other than forested wetlands, that are:
Of 10 or more contiguous acres:
Less than 10 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 or ground water 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.
Freshwater wetlands may contain small stream channels or inclusions of land that do not conform to the criteria of this definition. |
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.
Small plants, fallen leaves, needles, and twigs, and the partially decayed organic matter of the forest floor.
The area where timber harvesting and related activities, including the cutting of trees, skidding, yarding, and associated road construction take place. The area affected by a harvest encompasses the area within the outer boundaries of these activities, excepting unharvested areas greater than 10 acres within the area affected by a harvest.
A tree with a structural defect, combination of defects, or disease resulting in a structural defect that under the normal range of environmental conditions at the site exhibits a high probability of failure and loss of a major structural component of the tree in a manner that will strike a target. A normal range of environmental conditions does not include meteorological anomalies, such as, but not limited to: hurricanes; hurricane-force winds; tornados; microbursts; or significant ice storm events. Hazard trees also include those trees that pose a serious and imminent risk to bank stability. A target is the area where personal injury or property damage could occur if the tree or a portion of the tree fails. Targets include roads, driveways, parking areas, structures, campsites, and any other developed area where people frequently gather and linger.
(Note: The definition of structure height in the Shoreland Zone is specific to Chapter 82, Shoreland Zoning, and is different than the definition of structure height in Chapter 66). 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.
(Note: This definition is specific to Chapter 82.) Any change in a structure or property which causes further deviation from the dimensional standard(s) creating the nonconformity, such as, but not limited to, reduction in water body, tributary stream or wetland setback distance, increase in lot coverage, or increase in height of a structure. Property changes or structure expansions which either meet the dimensional standard or which cause no further increase in the linear extent of nonconformance of the existing structure shall not be considered to increase nonconformity. For example, there is no increase in nonconformity with the setback requirement for water bodies, wetlands, or tributary streams if the expansion extends no further into the required setback area than does any portion of the existing nonconforming structure. Hence, a structure may be expanded laterally, provided that said expansion complies with the Nonconformance standards identified in Article III, Nonconformance, and provided that the expansion extends no closer to the water body, tributary stream, or wetland than the closest portion of the existing structure from that water body, tributary stream, or wetland. Included in this allowance are expansions which in-fill irregularly shaped structures.
A route or track consisting of a bed of exposed mineral soil, gravel, or other surfacing materials constructed for, or created by, the passage of motorized vehicles and used primarily for timber harvesting and related activities, including associated log yards, but not including skid trails or skid roads.
A forester licensed under 32 M.R.S.A. Chapter 76.
The area of land enclosed within the boundary lines of a lot, minus land below the normal high-water line of a water body or upland edge of a wetland and areas beneath roads serving more than two lots.
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.
The closest distance between the side lot lines of a lot. When only two lot lines extend into the shoreland zone, both lot lines shall be considered to be side lot lines.
Indigenous to the local forests.
Species of vegetation listed by the Maine Department of Agriculture, Conservation and Forestry as being invasive in Maine ecosystems and not native to Maine ecosystems.
A nonconforming lot, structure or use which is allowed solely because it was in lawful existence at the time this Chapter (Ordinance) was initially adopted (November 6, 1991), or as a subsequent amendment to this Chapter took effect.
A single lot of record which, on the effective date (November 6, 1991) of the Ordinance from which this Chapter is derived, or the date of an amendment of this Chapter, does not meet the area, shore frontage, or width requirements of the shoreland district in which it is located.
A structure that does not meet any one or more of the following dimensional requirements: structure setback, structure height, lot coverage or footprint, but which is allowed solely because it was in lawful existence at the time (November 6, 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 6, 1991) this Chapter or subsequent amendments took effect.
The line that is apparent from visible markings, changes in the character of soils due to prolonged action of the water or changes in vegetation, and which distinguishes between predominantly aquatic and predominantly terrestrial land. Areas contiguous with rivers and great ponds that support non-forested wetland vegetation and hydric soils, and that are at the same or lower elevation as the water level of the river or great pond during the period of normal high-water are considered part of the river or great pond.
The map duly adopted by the Belfast City Council, as may be amended from time to time, that depicts the lands, water bodies and wetlands in Belfast that are subject to requirements of this Chapter.
Any perennial or intermittent stream, as shown on the most recent highest resolution version of the national hydrography dataset available from the United States Geological Survey on the website of the United States Geological Survey or the national map, that flows from a freshwater wetland.
A tree species that is less than 2 inches in diameter at 4.5 feet above ground level.
A young tree species that is less than 4.5 feet in height above ground level.
The nearest horizontal distance from the normal high-water line of a water body or tributary stream, or upland edge of a wetland, 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, horizontal distance, of the upland edge of a coastal wetland, including all areas affected by tidal action; within 250 feet of the upland edge of a freshwater wetland; or within 75 feet, horizontal distance, of the normal high-water line of a stream. Lands, water bodies and wetlands in the City of Belfast that are subject to shoreland zone requirements are depicted on the City Official Shoreland Zoning Map.
A route repeatedly used by forwarding machinery or animal to haul or drag forest products from the stump to the yard or landing, the construction of which requires minimal excavation.
The residue, e.g., treetops and branches, left on the ground after a timber harvest.
A tree that has been uprooted, blown down, is lying on the ground, or that remains standing and is damaged beyond the point of recovery as the result of a storm event.
(Note: The following definition is specific to Chapter 82, Shoreland Zoning.) The definition of a structure in Chapter 66, General Provisions, applies to other Chapters in Subpart B of the City Code). Anything temporarily or permanently located, built, constructed or erected for the support, shelter or enclosure of persons, animals, goods or property of any kind or anything constructed or erected on or in the ground. The term includes structures temporarily or permanently located, such as decks, patios, and satellite dishes. "Structure" does not include fences; poles and wiring and other aerial equipment normally associated with service drops, including guy wires and guy anchors; subsurface waste water disposal systems as defined in 30-A M.R.S.A. § 4201(5); geothermal heat exchange wells as defined in 32 M.R.S.A. § 4700-E(3-C); or wells or water wells as defined in 32 M.R.S.A. § 4700-E(8).
All waters affected by tidal action during the highest annual tide.
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 is connected hydrologically with other water bodies. A Tributary Stream does not include rills or gullies forming because of accelerated erosion in disturbed soils where the natural vegetation cover has been removed by human activity. 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. For purposes of a coastal wetland, this boundary is the line formed by the landward limits of the salt tolerant vegetation and/or the highest annual tide level, including all areas affected by tidal action. For purposes of a freshwater wetland, the upland edge is formed where the soils are not saturated for a duration sufficient to support wetland vegetation; or where the soils support the growth of wetland vegetation, but such vegetation is dominated by woody stems that are 20 feet or more in height.
All live trees, shrubs, ground cover, and other plants, including, without limitation, trees both over and under 4 inches in diameter, measured at 4.5 feet above ground level.
A freshwater or coastal wetland.
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.
Live trees or woody, non-herbaceous shrubs.
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Editor's Note: This ordinance amended in its entirety Ch. 82, Shoreland Zoning, adopted 7-15-1997 by Ord. No. 8-1997, as amended 4-1-1997 by Ord. No. 40-1997; 8-15-2000 by Ord. No. 16-2000; 6-17-2003 by Ord. No. 54-2003; 1-6-2004 by Ord. No. 20-2004; 7-20-2004 by Ord. No. 3-2005; 12-7-2004 by Ord. No. 25-2005; 3-31-2011; 2-4-2014; 9-5-2017; 10-16-2018; 12-18-2018; 1-7-2020; 12-21-2021; 2-7-2023. Prior legislation includes 11-6-1991, as amended.