[3-7-2023(1)]
(a) 
Districts established. The areas to which this Chapter is applicable are hereby divided into the following districts as shown on the Official Shoreland Zoning Map that is made a part of this Chapter:
(1) 
Resource Protection.
(2) 
Limited Residential.
(3) 
Urban Residential.
(4) 
General Development.
(5) 
(Reserved)
(6) 
Stream Protection.
(7) 
Stream Development.
(8) 
Manufactured Housing Community.
(9) 
Waterfront Development.
(b) 
Scale of maps. The Official Shoreland Zoning Map shall be drawn at a scale of not less than 1 inch equals 2,000 feet. District boundaries shall be clearly delineated, and a legend indicating the symbols for each district shall be placed on the Map. [Note: The City's Official Map is available in a digital format that allows the user many options in examining district boundaries.]
(c) 
Certification and location of maps. The Official Shoreland Zoning Map shall be certified by the attested signature of the City Clerk and shall be located in the Department of Planning and Codes offices in City Hall, and is available on the City website: cityofbelfast.org.
(d) 
Changes to Official Shoreland Zoning Map. If amendments, in accordance with Section 82-9, are made in the district boundaries or other matter portrayed on the Official Shoreland Zoning Map, such changes shall be made on the Official Shoreland Zoning Map within 30 days after the amendment has been approved by the Commissioner of the Department of Environmental Protection.
(e) 
Official Shoreland Zoning Map. The City of Belfast has adopted the attached map as the Official Shoreland Zoning Map of the City of Belfast. Pursuant to requirements of the State of Maine Mandatory Shoreland Zoning Law,[1] the Commissioner of the State Department of Environmental Protection has reviewed and approved the Official City Shoreland Zoning Map, as such has been amended from time to time. The Official Shoreland Zoning Map is provided to assist readers of this Chapter (the Ordinance) in the interpretation and application of information in Chapter 82, Shoreland Zoning, particularly Article IV, Districts, and the Article V, Land Use Standards. The attached map reflects all Chapter 82, Shoreland Zoning, ordinances adopted by the City of Belfast through March 7, 2023 (effective date of amendments is March 15, 2023).[2]
[1]
Editor's Note: See 38 M.R.S.A. §§ 435 through 449.
[2]
Editor's Note: The Shoreland Zoning Map is included as an attachment to this chapter.
[3-7-2023(1)]
(a) 
Unless otherwise set forth on the Official Shoreland Zoning Map, district boundary lines are property lines, the centerlines of streets, roads and rights-of-way, and the boundaries of the shoreland area as defined in this Chapter.
(b) 
The depiction of the respective shoreland districts on the Official Shoreland Zoning Map for the City are merely illustrative of their general location. The specific boundaries of the respective districts shall be determined by measurement of the horizontal distance from the normal high-water line of the water body, tributary stream, or the upland edge of wetland vegetation, regardless of the location of the boundary shown on the maps. Where uncertainty exists as to the exact location of district boundary lines, the Zoning Board of Appeals shall be the final authority as to the location.
(c) 
The boundaries of wetlands and other waterbodies, and all measurements taken from such boundaries, are subject to field verification to determine their exact location.
(d) 
Any wetland, stream or other water body that is not shown on the Official Shoreland Zoning Map is not subject to the requirements of this Chapter.
[3-7-2023(1); 3-7-2023(2)]
Except as specified in this Chapter and State law, no building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, expanded, moved, or altered, and no new lot shall be created, except in conformity with all of the regulations specified in this Chapter for the district in which it is located, unless a variance is granted.
[3-7-2023(1)]
(a) 
Resource Protection District. The Resource Protection District includes all areas depicted on the Official Shoreland Zoning Map as Resource Protection District. The Resource Protection District generally includes areas that are undeveloped and in which development would adversely affect water quality, productive habitat, biological ecosystems, or scenic and natural values. This district shall include the following areas when they occur within the limits of the shoreland zone, exclusive of the Stream Protection District, and excepting areas which are currently developed and areas which meet the criteria for Limited Residential, Urban Residential, General Development, Waterfront Development, Stream Development or Manufactured Community Housing Districts:
(1) 
Areas within 250 feet, horizontal distance, of the upland edge of freshwater wetlands, salt marshes and salt meadows, and wetlands associated with great ponds and rivers, that are rated "moderate" or "high" value by the State Department of Inland Fisheries and Wildlife. In Belfast, Upper Mason Pond is the only water body that qualifies as a Great Pond, and there are no rivers that qualify as a Significant River Segment.
(2) 
Floodplains along rivers, floodplains along artificially formed great ponds along rivers, and floodplains adjacent to tidal waters as defined by the one-hundred-year floodplain as designated on the Federal Emergency Management Agency's flood insurance rate maps or flood hazard boundary maps; reference Chapter 78, Floods, for the most recent FIRM map adopted by the City.
(3) 
Areas of 2 or more contiguous acres with sustained slopes of 20 percent or greater.
(4) 
Areas of 2 or more contiguous acres supporting wetland vegetation and hydric soils that are not part of a freshwater or coastal wetland, and that are not surficially connected to a water body during normal spring high water.
(5) 
Land areas along rivers subject to severe bank erosion, undercutting, or river bed movement and lands adjacent to tidal waters that are subject to severe erosion or mass movement, such as steep coastal bluffs.
(b) 
Limited Residential District. The Limited Residential District includes those areas depicted on the Official Shoreland Zoning Map as Limited Residential District. Such areas are generally suitable for residential and recreational development.
(c) 
Urban Residential District. The Urban Residential District includes those areas depicted on the Official Shoreland Zoning Map as Urban Residential District. These areas have experienced dense residential development and most, if not all properties, are served by City water and City sewer. In many of these urban areas, all of which are adjacent to Belfast Harbor or the tidal waters of the Passagassawakeag River, the predominant lot sizes are in the range of 5,000 to 10,000 square feet with limited shore frontage, and structures are built close to the shore.
(d) 
General Development District. The General Development District includes those areas depicted on the Official Shoreland Zoning Map as General Development. In Belfast, the General Development District includes areas devoted to a mix of commercial, industrial, or recreational activities, and areas devoted to functionally water-dependent uses. Portions of the General Development District include residential development, as many developed areas include a wide range of uses.
(e) 
(Reserved)
(f) 
Stream Protection District. The Stream Protection District includes those areas depicted on the Official Shoreland Zoning Map as Stream Protection District. This District generally includes all land areas within 75 feet, horizontal distance, of the normal high-water line of a stream, exclusive of those areas within 250 feet, horizontal distance, of the normal high-water line of a great pond, river or saltwater body, or within 250 feet, horizontal distance, of the upland edge of a freshwater or coastal wetland. Where a stream and its associated shoreland area are located within 250 feet, horizontal distance, of such water bodies or wetlands, that land area shall be regulated under the terms of the shoreland district associated with that water body or wetland.
(g) 
Stream Development District. The Stream Development District is reserved for areas that would qualify to be included in the Stream Protection District, but which have experienced development, particularly nonresidential development, located within 75 feet of the normal high water mark of the stream. The uses permitted and standards that apply to development in the Stream Development District are intended to better reflect existing development patterns than those which apply to the Stream Protection District. The City's intent is to recognize existing development patterns by allowing appropriate opportunities for existing development to expand, or new development to be consistent with past development. Only a limited number of properties located near the existing dams on the lower stretches of the Goose River are in the Stream Development District.
(h) 
Manufactured Housing Community District. The Manufactured Housing Community District is a Shoreland District that is unique to the City of Belfast. The district applies only to the following properties, parcels 3, 4, 5 and 6 identified on City Tax Map 21 (boundaries as existed on October 7, 2003). All of these parcels directly abut the Goose River. At the time of the establishment of this District in 2004, the Swan Lake Mobile Home Park was located on parcels 4 and 6, and a manufactured housing sales office was located on parcel 5. As of November 2022, the manufactured housing sales office no longer exists, but the Mobile Home Park remains an important component of the City's available affordable housing.
This area is unique in that it was developed as the Swan Lake Home Park in the 1960s, prior to the enactment of the State Shoreland Zone law, and little of the current development complies with either shoreland requirements or state and City requirements that apply to manufactured housing communities. The intent of this district is to provide flexibility to allow an applicant (Park owner) to adapt the current units on the current mobile home sites to make more efficient use of the Park property. For example, the Swan Lake Mobile Home Park is licensed for 48 units. This Shoreland district's regulations would permit an applicant to relocate manufactured housing units in the Park, provided there is no expansion in the number of units and no unit was located closer to the Goose River than any existing unit. Public water is available to this area, and the City expended grant and City funds to extend public sewer to the Park in 2004 so the Park owner could eliminate an open sewage lagoon system that the Department of Environmental Protection required to be discontinued, and so the community could retain the affordable housing provided at the Park.
(i) 
Waterfront Development. The Waterfront Development District includes those areas depicted on the Official Shoreland Zoning Map as the Waterfront Development District. The district shall include all property located easterly of River Avenue and Front Street between the City Steamboat Landing property to the south, and the Veterans Memorial Bridge to the north. The purpose of this district is allow intensive land uses, particularly functionally water-dependent uses, and to encourage existing patterns of development, recognizing that this area is the only contiguous working waterfront area that remains in Belfast.
[1]
Editor's Note: Former Section 82-135, Table of land uses, was replaced by the Table of Uses identified in Section 82-137, and the associated footnotes to this table identified in Section 82-138.
[3-7-2023(1)]
(a) 
All land use activities identified in the Table of Uses for Shoreland Districts in Section 82-137 shall conform with all applicable Land Use Standards in Article V of this Chapter. The Footnotes identified in Section 82-138 shall apply to the Table of Uses and information in said. The district designation for a particular site shall be determined from the designation identified on the Official Shoreland Zoning Map.[1]
[1]
Editor's Note: The Table of Uses for Shoreland Districts is included as an attachment to this chapter.
[3-7-2023(1)]
The Footnotes in Section 82-138 apply to the Use Table for the respective Shoreland Zoning districts; reference Section 82-137 for the Table of Uses. The Footnotes identify specific provisions that apply to certain uses identified in the Shoreland Zoning Use Table, and are intended to make persons aware of said provisions. The respective Footnotes, however, do not identify all provisions in Chapter 82, Shoreland Zoning, that may apply to a specific use, nor do they identify all other standards in Subpart B, Land Use Regulations, of the City Code of Ordinances, particularly Chapter 102, Zoning, that may apply to a specific use that occurs on a property in a Shoreland Zoning District. All persons must review all provisions in the City Code of Ordinances to determine the applicability of other requirements. The Footnotes appear next to the information that is subject to the Footnote, and are shown in the Use Table as follows: *[letter of alphabet].
*[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).[1]
*[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.[2] 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.[3]
*[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.
[1]
Editor's Note: This ordinance further provided that "The City has not yet prepared or adopted the Chapter 102 Performance Standards. These standards will be prepared and presented for Planning Board, City Council, and public consideration at a future date."
[2]
Editor's Note: See, respectively, 38 M.R.S.A. § 490-A et seq. and 38 M.R.S.A. § 490-W et seq.
[3]
Editor's Note: This ordinance further provided that "The City has not yet prepared or adopted the referenced performance standards for Outdoor Theaters and Event Facilities. These standards will be prepared and presented for Planning Board, City Council, and public consideration at a future date.”