*[a] | If a property is located in a respective Shoreland District that allows residential housing, reference Article V, Land Use Standards, Division 3.25, Dimensional Standards for Shoreland Districts, to identify the minimum lot size and maximum density requirements that apply to a property on which 1 or more dwelling units is located. |
| Also reference Chapter 102, Zoning, Article V, District Regulations, to identify if a respective zoning district allows a single-family residence with a detached accessory dwelling unit, and the minimum lot size and density requirements for this use. In addition, a single-family residence with a detached accessory dwelling unit shall comply with the Chapter 102, Zoning, Article IX, Performance Standards, Division 6, Supplemental Performance Standards for an Accessory Dwelling Unit. |
*[b] | If a property is located in a respective Shoreland District that allows residential housing, reference Article V, Land Use Standards, Division 3.25, Dimensional Standards for Shoreland Districts, to identify the minimum lot size and maximum density requirements that apply to a property on which more than 1 dwelling unit is located. It is specifically noted that the minimum lot size and maximum density standards in this Chapter may preclude most persons who own property in a Shoreland Zone from developing a "Flex Housing" project. |
| Reference the respective Use Tables and Dimensional Tables in Chapter 102, Zoning, Article V, District Regulations, to identify if a respective zoning district allows "Flex Housing," and the applicable minimum lot size and maximum density requirements that apply to this use. In addition, all "Flex Housing" projects must comply with the Chapter 102, Zoning, Article IX, Performance Standards, Division 7, Supplemental Performance Standards for a Multi-family Housing or Flex Housing Project. |
| The adopted definition for "Flex Housing" is identified in Chapter 66, General Provisions. In general, "Flex Housing" is an approach that allows a property owner flexibility in the maximum number of dwelling structures and dwelling units that can be constructed on a property based on the size (area) of the lot (as calculated based on net developable acreage), the number of dwelling units, the number of dwelling structures, and the method used to manage wastewater, public sewer or a subsurface wastewater disposal system. In all cases, the maximum number of dwelling units that can be located in any single structure in a flex housing project is four dwelling units. |
*[c] | If a property is located in a respective Shoreland District that allows residential housing, reference Article V, Land Use Standards, Division 3.25, Dimensional Standards for Shoreland Districts, to identify the minimum lot size and maximum density requirements that apply to a property on which 1 or more dwelling units is located. A project must include a minimum of 3 dwelling units in one structure to be considered multi-family housing. It is specifically noted that the minimum lot size and maximum density standards in this Chapter may preclude most persons who own property in a Shoreland Zone from developing a multi-family housing project. |
| Reference the respective Use Tables and Dimensional Tables in Chapter 102, Zoning, Article V, District Regulations, to identify if a respective zoning district allows multi-family housing, and the applicable minimum lot size and maximum density requirements that apply to this use. Also reference performance standards for multi-family housing; Chapter 102, Zoning, Article IX, Performance Standards, Division 7, Supplemental Performance Standards for a Multi-family Housing or Flex Housing Project. |
*[d] | If a property is located in a respective Shoreland District that allows residential housing, reference Article V, Land Use Standards, Division 3.25, Dimensional Standards for Shoreland Districts, to identify the minimum lot size and maximum density requirements that apply to a property on which 1 or more dwelling units is located. A residential structure that includes 2 dwelling units in one structure shall be considered a duplex. |
*[e] | If a property is located in a respective Shoreland District that allows residential housing, reference Article V, Land Use Standards, Division 3.25, Dimensional Standards, to identify the minimum lot size and maximum density requirements that apply to a property on which 1 or more dwelling units is located. A project must include a minimum of 3 dwelling units in one structure to be considered multi-family housing. It is specifically noted that the minimum lot size and maximum density standards in this Chapter may preclude most persons who own property in a Shoreland Zone from developing a multi-family housing project. |
| In addition, multi-family housing shall be considered a distinct and separate use from "Flex Housing." Multi-family housing shall be regulated pursuant to the standards in this Chapter, the density standards for the respective zoning districts in Chapter 102, Zoning, Article V, District Regulations, and other provisions in the City Code of Ordinances that apply to a multi-family housing project. An applicant, when a permit application is submitted, must declare if the proposed development is a Multi-family or a Flex Housing project, which shall affirm the standards in the City Code of Ordinances that shall apply to the project. |
*[f] | Reference Chapter 102, Zoning, Article VI, Residential Planned Unit Development, Division 1, Residential Planned Unit Development. |
*[g] | Flexibility is permitted regarding the types of Multi-family housing or Flex Housing that can be constructed in a residential Planned Unit Development. In zoning districts in which multi-family housing is not a permitted use, a residential Planned Unit Development shall allow the construction of a structure that has more than 4 dwelling units, subject to the project complying with the overall density standards that apply to the number of dwelling units that can be constructed on a property pursuant to the respective Flex Housing standards, and minimum lot size standards in Chapter 82, Shoreland Zoning. Reference the density standards in the Dimensional Standards Table for each respective zoning district, and reference standards in Chapter 102, Zoning, Article VI, Residential Planned Unit Development, Division 1, Residential Planned Unit Development. |
*[h] | Reference the exception identified in this Chapter, Division 19, Solar Energy Systems, Section 82-491, for certain systems located in the Resource Protection or Stream Protection Shoreland Districts. |
*[i] | A manufactured housing community that is located in a Shoreland District must comply with all applicable Shoreland requirements, with all standards identified in Chapter 102, Article VIII, Supplemental District Regulations, Division 4, Mobile Homes and Manufactured Housing, and with other applicable requirements in the City Code of Ordinances. |
*[j] | Residential development in the upper stories of a structure shall be a permitted use in a respective Shoreland (Chapter 82) and Zoning (Chapter 102) districts that allow residential housing, provided the use complies with the minimum lot size and maximum density requirements identified in the above Chapters. |
*[k] | A home occupation must comply with all applicable Shoreland requirements in this Chapter, and shall comply with the Performance Standards for Home Occupations, identified in Chapter 102, Zoning, Article VIII, Supplementary District Regulations, Division 1.5. |
*[l] | A bed-and-breakfast must comply with all applicable Shoreland requirements in this Chapter, and shall comply with standards identified Chapter 102, Zoning, Article VIII, Supplementary District Regulations, Division 6, Bed and Breakfast Establishments. |
*[m] | The following uses must comply with all applicable Shoreland requirements in this Chapter and shall comply with maximum size requirements, if any, identified for a respective zoning district in Chapter 102, Zoning, Article V, District Regulations: |
| 1. | Professional office or health care office; |
| 2. | Retail store; |
| 3. | Shopping center; |
| 4. | Personal service business; |
| 5. | Convenience store; |
| 6. | Storage/Warehouse facility; |
| 7. | Light manufacturing facility; |
| 8. | Manufacturing, processing or industrial facility; |
| 9. | Lumber yards and building supply retail stores; |
| 10. | Service business. |
*[n] | A permit is required from the Code Enforcement Officer if more than 100 square feet of surface area, in total, is disturbed. |
*[o] | In areas in the Resource Protection Shoreland District that have been designated Resource Protection because of wildlife values, mineral extraction, including sand and gravel operations, are prohibited activities. |
*[p] | The identified use is permitted, provided the applicant obtains a structure setback variance from the Zoning Board of Appeals. |
*[q] | Reference additional requirements in Section 82-352(b). |
*[r] | Except when an area is the Resource Protection Shoreland District due to floodplain criteria, in which case, a permit is required from the Planning Board. |
*[s] | The only exception is to provide access to permitted activities/uses within the Shoreland District, or where no reasonable alternative route or location is available outside of the Resource Protection area, in which case a permit is required from the Planning Board. |
*[t] | The sale and display of manufactured houses is permitted on the site, as well as an office for said sales activities. |
*[u] | Notwithstanding minimum lot size requirements identified in Chapter 82, Shoreland Zoning, a property that is used for contractor operations, including the interior or exterior storage of construction equipment and materials by a construction contractor, shall be a minimum of 1 acre in size. The exterior storage area may be located on the same property as one or more dwelling units. The contractor operation and storage area, as well as any dwelling units on the property, shall comply with applicable Chapter 82, Shoreland Zoning, and Chapter 102, Zoning, requirements, as well as with other applicable requirements in the City Code of Ordinances. |
*[v] | A property that is used for an Animal Kennel, Class 1, or an Animal Kennel, Class 2, facility, shall be a minimum of 2 acres in size, regardless of the Zoning or Shoreland district in which it is located, and all facilities used for boarding animals shall be located a minimum of 100 feet from any side or rear property line. An Animal Kennel, Class 1, or an Animal Kennel, Class 2, that was permitted by the City prior to November 30, 2022, that does not comply with the 2-acre minimum lot size or 100-foot structure setback requirement may continue, and an existing structure that is used for animal kennel operations may expand, provided that none of the expansion is located closer to the property line than the existing nonconforming structure, and provided that all applicable performance standards in Chapter 82, Shoreland Zoning, and Chapter 102, Zoning, are met, as well as other applicable requirements of the City Code of Ordinances. All new structures constructed after November 30, 2022, that are used for animal kennel operations shall comply with applicable structure setback requirements. |
*[w] | A Shoreland Permit for this use in the Waterfront Development Shoreland District may involve Planning Board and Harbor Committee review pursuant to the contract rezoning process established in this Chapter (Chapter 82) and Chapter 102, Zoning, Article X, Contract Rezoning, Division 4, Waterfront Mixed Use-1 Zoning District, Waterfont Mixed Use-2 Zoning District and Waterfront Development Shoreland District. |
*[x] | A property that is used for a Campground or RV Park operation shall comply with all applicable Chapter 82, Shoreland Zoning, requirements; reference Article V, Division 4, Section 82-221, and the Performance Standards for Campgrounds and Recreational Vehicle (RV) Parks identified in Chapter 102, Zoning, Article VIII, Supplementary District Regulations, Division (YTBD). |
*[y] | Notwithstanding minimum lot size requirements identified in Chapter 82, Shoreland Zoning, a property that is used for commercial boat building, retrofitting, storage, and/or repair shall be a minimum of 2 acres in size. This standard applies to any property that initially applied for a permit to perform any of the above activities after November 30, 2022. A property that was used for boat building, retrofitting, storage, and/or repair prior to November 30, 2022, that does not comply with this lot size requirement may continue, and existing structures that were used for the above activities may expand, provided any structure expansion complies with the dimensional requirements for structures and properties that apply to the respective zoning district (reference Article V, District Regulations) and Shoreland district (reference Chapter 82) in which the facility is located. The facility must also comply with applicable performance standards in Chapter 82, Shoreland Zoning, and Chapter 102, Zoning, as well as with other requirements in the Code of Ordinances. |
*[z] | A quasi-public or non-municipal use that qualifies as a Major Site Plan Development shall require a Site Plan permit from the Planning Board. A quasi-public or non-municipal facility or use that qualifies as a Minor Site Plan Development, or that does not meet the threshold of a Site Plan development shall require a permit from the Code Enforcement Officer. Notwithstanding this provision, in the Airport Business Park zoning district, a quasi-public or non-municipal use that qualifies as a Major Site Plan Development shall require a Site Plan permit from the Code Enforcement Officer. Said application also shall comply with all applicable Chapter 82, Shoreland Zoning, requirements. |
*[aa] | A fill, loam, sand, and gravel extraction operation shall require review by the Planning Board pursuant to the provisions of Chapter 90, Site Plans, regardless of the size of the non-vegetated area. The Board, in its review, shall consider applicable Department of Environmental Protection (DEP) regulations for such operations; reference Title 38, Chapter 3: Protection and Improvement of Waters, Subchapter 1, Environmental Protection Board, Article 7, Performance Standards for Excavations of Borrow, Clay, Topsoil or Silt, and Article 8-A, Performance Standards for Quarries. The Planning Board, in its review, may apply the DEP regulations as its deems appropriate, in adopting City Permit conditions for the operation. Said operation also shall comply with all applicable Chapter 82, Shoreland Zoning, requirements. |
*[bb] | An outdoor theater or event facility that is permitted as an accessory use to a residential use or an agricultural use is limited to a maximum of 100 seats or guests and a maximum of 8 events per year, and no more than 2 events in any single month. This use is subject to review by the Planning Board and compliance with applicable Chapter 82, Shoreland Zoning, requirements, and with specific performance standards in Chapter 102, Zoning, Article VIII, Supplementary District Regulations, Division (YTBD), Performance Standards for Event Facilities and Outdoor Theaters. |
*[cc] | A Medical Marijuana facility or operation must comply with applicable Chapter 82, Shoreland Zoning, requirements (reference Article V, Land Use Standards, Division 18, Marijuana Facilities), and with requirements identified in Chapter 102, Zoning, Article VIII, Supplementary District Regulations, Division 8, Medical Marijuana Regulations. |
*[dd] | An Adult Use Marijuana facility or operation must comply with applicable Chapter 82, Shoreland Zoning, requirements (reference Article V, Land Use Standards, Division 20, Adult Use Marijuana Facilities), and with requirements identified in Chapter 102, Zoning, Article VIII, Supplementary District Regulations, Division 2.5, Adult Use Marijuana Regulations. |
*[ee] | A Solar Energy System must comply with applicable Chapter 82, Shoreland Zoning, requirements identified in Article V, Land Use Standards, Division 19, Solar Energy Systems, and requirements identified in Chapter 102, Zoning, Article VIII, Supplementary District Regulations, Division 9, Solar Energy Systems. |
*[ff] | A Telecommunications Facility must comply with all applicable Chapter 82, Shoreland Zoning, requirements, and requirements identified in Chapter 102, Zoning, Article VIII, Supplementary District Regulations, Division 5, Telecommunications Facilities. If a project is located in the Airport Business Park, Lower Congress Mixed Use, or Airport Growth zoning districts, a telecommunications facility is only permitted if the Federal Aviation Administration and the Belfast Airport Committee find that the proposed facility will not adversely impact operations and safety at the Belfast Airport. |
*[gg] | The review of a Power Substation and/or Generator Facility application shall occur pursuant to procedures identified in Chapter 90, Site Plans, and shall comply with all applicable Chapter 82, Shoreland Zoning, Chapter 90, Site Plans, Chapter 98, Technical Standards, and Chapter 102, Zoning, requirements that may apply to a specific Shoreland Zone or zoning district. |
*[hh] | An application for a Significant Groundwater Well must comply with applicable Chapter 82, Shoreland Zoning, requirements, and with requirements identified in Chapter 102, Zoning, Article VIII, Supplementary District Regulations, Division 7, Significant Groundwater Well Permit, and Article IX, Performance Standards, Division 2, Environmental Standards, Section 102-1137, Significant groundwater well. |
*[ii] | An application for a Significant Water Intake or a Significant Water Discharge/Outfall Pipe must comply with applicable Chapter 82, Shoreland Zoning, requirements, and with the Chapter 102, Zoning, Article IX, Performance Standards, Division 2, Environmental Standards, Sec 102-1138, Significant water intake or significant water discharge/outfall pipe. |
*[jj] | The City, as of November 1, 2022, has issued contract rezoning agreements for the properties listed below that are located in the Waterfront Development Shoreland District and either the Waterfront Mixed Use-1 or Waterfront Mixed Use-2 zoning districts. Chapter 82, Shoreland Zoning, and Chapter 102, Zoning, allow the use of contract rezoning for properties in the above districts. The Planning and Codes Department has copies of the applicable contract rezoning agreements available for public inspection: |
| 1) | Map 11/Lots 132, 136-A, and 136 p/o. Dubba, Inc., doing business as Front Street Shipyard. Contract rezoning agreements include Amendments 3, 4, 5, 6, 7, and 8 (136 p/o property). Agreements entered between 2011 and 2017. Contract rezoning agreements to allow operations of Front Street Shipyard. |
| 2) | Map 11/Lot 141. Maine Tugboats (current owner Marshall Wharf, LLC). A 2005 contract rezoning agreement to allow increase in building height. |
| 3) | Map 11/Lot 141A. MAIA, LLC, July 20, 2021, agreement to allow a reduction in certain structure setbacks to support an expansion of the Three Tides Restaurant. |
| 4) | Map 11/149 and Map 37/54, a 2021 agreement with Paul Naron to allow certain uses and marine improvements on two adjacent properties located on Front Street. |
*[kk] | The Special Use Areas identified in the Shoreland Use Table (reference Use 311), reference zoning use areas that are identified in Chapter 102, Zoning, Article V, District Regulations, Division 16, Northwest of Bypass and Outside Rural Districts. None of these Special Use Areas are located within a Shoreland District. |
*[ll] | Uses Specific to Shoreland Areas. This category of uses, (Uses 325 to 337), identified in the Shoreland Use Table, are uses that are specific to the Table of Uses identified in the State Model Shoreland Regulations. Said uses typically do not require a specific permit pursuant to Chapter 102, Zoning, thus, the City has listed such as Uses Specific to Shoreland Areas. This category of uses shall involve the review and award of any required Shoreland Permit. |
*[mm] | Aquaculture operations that occur in intertidal marine waters shall obtain all permits required from the Maine Department of Marine Resources, and if applicable, the Maine Department of Environmental Protection and the U.S. Army Corps of Engineers, to qualify as a permitted marine aquaculture operation. In addition, the Shoreland District designation (such as Limited Residential or Resource Protection) refers to Shoreland District that abuts (coastline/intertidal waters) the marine waters in which the marine aquaculture operation is proposed. |
*[nn] | Reference Special Exception provisions, Section 82-57, that may allow the construction of one single-family residence on certain lots in the Resource Protection District. Special Exception requires review by Planning Board. |
*[oo] | Road and Driveway Construction. Reference the Division 7, Road and Driveways, standards identified in Article V. |
*[pp] | If a motor vehicle, snowmobile, utility terrain vehicle (UTV), all-terrain vehicle (ATV), and similar repair business is a permitted use in the Shoreland District (Chapter 82) and the respective Zoning District (Chapter 102, Zoning, Article V, District Regulations) in which it is located, the business shall be allowed to display, at any single point in time, the number of vehicles identified in the respective zoning district standard. The display of vehicles for sale shall be considered a permitted accessory use to the repair business. |
*[qq] | A land based aquaculture operation may conduct accessory uses such as but not limited to the following on the site: fish processing, byproducts, research laboratory, offices, on-site child care, storage, accessory retail sales, and a visitor's center. A land based aquaculture operation may discharge wastewater to and use water from a marine or fresh water body, and construct infrastructure to support these activities, including but not limited to a significant water intake/significant water discharge pipe, and a water/wastewater treatment facility. |
*[rr] | The following uses in the Route One South Business Park zoning district may construct dwelling units on their site as an accessory use to the following activities: light industrial/light manufacturing use; a manufacturing, processing, or industrial use; land-based aquaculture operation, or a professional office use. The number of dwelling units allowed on a property shall comply with applicable Chapter 82, Shoreland Zoning, requirements regarding minimum lot size and minimum shore frontage, and with applicable lot size and density requirements identified in Chapter 102, Zoning, for the Route One South Business Park zone. |
*[ss] | Hydroelectric Facilities. All applications to establish a new hydroelectric facility or to remove a facility, such as a dam, that was used to produce hydroelectric power, shall be subject to review pursuant to Chapter 90, Site Plans, and shall comply with all applicable Chapter 78, Floods, Chapter 82, Shoreland Zoning, and Chapter 102, Zoning, requirements. |