[3-7-2023(1)]
(a) 
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. A person who is issued a permit pursuant to this Chapter shall have a copy of the permit on site while the work authorized by the permit is performed.
(b) 
Any permit required by this Chapter shall be in addition to any other permit required by other law or City Ordinance.
[3-7-2023(1)]
(a) 
A permit is not required for the replacement of an existing road culvert as long as:
(1) 
The replacement culvert is not more than 25 percent longer than the culvert being replaced;
(2) 
The replacement culvert is not longer than 75 feet; and
(3) 
Adequate erosion control measures are taken to prevent sedimentation of the water, and the crossing does not block fish passage in the watercourse.
(b) 
A permit is not required for an archaeological excavation as long as the excavation is conducted by an archaeologist listed on the State Historic Preservation Officer's level 1 or level 2 approved list, and unreasonable erosion and sedimentation is prevented by means of adequate and timely temporary and permanent stabilization measures.
[3-7-2023(1)]
(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 Sections 82-137 and 82-138. Reference the Table of Uses for Shoreland Districts in Section 82-137 and the Footnotes associated with this Use Table in Section 82-138 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, and providing evidence of right, title, and interest in the property. 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.
(e) 
When an excavation contractor performs an activity that requires or results in more than 1 cubic yard of soil disturbance, the person responsible for management of erosion and sedimentation control practices at the site must be certified in erosion control practices by the Maine Department of Environmental Protection. This person must be present at the site each day earthmoving activity occurs for a duration that is sufficient to ensure that proper erosion and sedimentation control practices are followed. This is required until erosion and sedimentation control measures have been installed, which will either stay in place permanently or stay in place until the area is sufficiently covered with vegetation necessary to prevent soil erosion. The name and certification number of the person who will oversee the activity causing or resulting in soil disturbance shall be included on the permit application. This requirement does not apply to a person or firm engaged in agriculture or timber harvesting if best management practices for erosion and sedimentation control are used; or for municipal, state and federal employees engaged in projects associated with that employment.
[3-7-2023(1)]
Permits subject solely to Code Enforcement Officer review are identified in Section 82-137, Table of Uses for Shoreland Districts, and the Footnotes associated with this Use Table in Section 82-138. 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 Section 82-56, Standards for review of shoreland permits, and Article V, Land Use Standards, Section 82-161 et seq. The Officer also shall issue findings of fact that describe the basis of the Officer's decision.
[3-7-2023(1)]
Permits subject to review by the Planning Board are identified in Section 82-137, Table of Uses for Shoreland Districts, and the Footnotes associated with this Use Table in Section 82-138. 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 or the Officer's designee. The Code Enforcement Officer or the Officer's designee, 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 (or the Officer's designee) shall schedule the permit for review and public hearing by the Planning Board at the first available Board meeting after the Code Enforcement Officer (or the Officer's designee) determines the application contains sufficient information.
(2) 
The Department of Planning and Codes shall provide notification of the Planning Board meeting and public hearing in the following manner:
a. 
In writing by first class mail at least 13 calendar days prior to 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 13 calendar days prior to the hearing.
The notification, at a minimum, shall include the name of the applicant, location of the property, district 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 Codes shall retain a list of all persons contacted.
(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 82-56, Standards for review of shoreland permits, and Article V, Land Use Standards, Section 82-161 et seq. 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 identified in the Section 82-137 Tables of Uses that are located in Belfast Harbor shall require review by the Belfast Harbor Committee prior to the permit application being heard by the Belfast Planning Board:
a. 
A pier, dock, wharf, bridge or other structure and use extending over or below the normal high water line of Belfast Harbor; and
b. 
A marina.
To allow sufficient time for Harbor Committee review, the time period specified in Section 82-54(4) shall be 60 days.
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.
[3-7-2023(1)]
(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 required or may voluntarily choose to use the contract rezoning process; reference provisions in Chapter 102, Zoning, Article X, Contract Rezoning, Division 4, Waterfront Mixed Use-1 Zoning District, Waterfront Mixed Use-2 Zoning District and Waterfront Development Shoreland District. Uses in the Waterfront Development Shoreland District that may qualify for the contract rezoning process are identified in Section 82-137, Table of Uses for Shoreland Districts, and the Footnotes associated with this Use Table in Section 82-138. Such uses shall be reviewed by the Planning Board and City Council in accordance with procedures identified in Chapter 102, Zoning, 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 Planning Board and City 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 Section 82-137, Table of Uses for Shoreland Districts, and the Footnotes associated with this Use Table in Section 82-138) below the normal high water mark, may be required or may voluntarily choose the contract rezoning process; reference provisions in Chapter 102, Zoning, Article X, Contract Rezoning, Division 4, Waterfront Mixed Use-1 Zoning District, Waterfront Mixed Use-2 Zoning District and Waterfront Development Shoreland District. Said application must be for a permit that involves a project that is wholly or partly located in both the Waterfront Development Shoreland District and the Waterfront Mixed Use-1 or Waterfront Mixed Use-2 Zoning Districts. 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 Section 82-206.5 to determine the appropriateness of the application to use contract rezoning, and to impose conditions of approval on an applicant.
[3-7-2023(1)]
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.
[3-7-2023(1)]
The Code Enforcement Officer or Planning Board shall review a completed permit 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 and unhealthful 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 undue adverse impact on spawning grounds, fish, aquatic life, or bird or other wildlife habitat;
(5) 
When required, will conserve shore cover and 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 protect and will not adversely impact archaeological and historic resources as such are designated in the Belfast Comprehensive Plan, or on a State or National Historic Registry;
(9) 
Will not adversely affect existing commercial fishing or maritime activities in Belfast Harbor;
(10) 
Will avoid problems associated with floodplain development and use;
(11) 
Is in conformance with the provisions of Article V of this Chapter, pertaining to land use standards; and
(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.
[3-7-2023(1)]
In addition to the criteria identified in Section 82-56, excepting structure setback requirements, 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, provided 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 percent; 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.
If the floodway is not shown on the Federal Emergency Management Agency Maps, it is deemed to be no greater than 50 percent of the width of the one-hundred-year floodplain.
(4) 
The total footprint, including cantilevered or similar overhanging extensions, 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, horizontal distance. 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.
[3-7-2023(1)]
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.
[3-7-2023(1)]
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 Codes. Following installation of service, the company or district shall forward the written authorization to the Department indicating that installation has been completed.