[3-7-2023(1)]
(a)
All properties and all principal and accessory structures and expansions of existing principal and accessory structures shall satisfy the minimum requirements identified in the following Dimensional Standards Table.
Dimensional Standard | Limited Residential | Urban Residential | General Development | Waterfront Development | Resource Protection | Stream Protection | Stream Development | Manufactured Housing Community |
|---|---|---|---|---|---|---|---|---|
1) Residential, Minimum Lot Size per Dwelling Unit | ||||||||
a. Within the Shoreland Zone Adjacent to Tidal Areas | 30,000 sf | 10,000 sf | 30,000 sf | See Footnote *[A] | 30,000 sf | 30,000 sf | 30,000 sf | See Footnote *[C] |
b. Within the Shoreland Zone Adjacent to Non-Tidal Areas | 40,000 sf | 10,000 sf | 40,000 sf | See Footnote *[A] | 40,000 sf | 40,000 sf | 40,000 sf | See Footnote *[C] |
2) Nonresidential, Governmental, and Institutional Uses Minimum Lot Size Per Principal Structure | ||||||||
a. Within the Shoreland Zone Adjacent to Tidal Areas | 40,000 sf | 40,000 sf | 40,000 sf | See Footnote *[A] | 40,000 sf | 40,000 sf | 40,000 sf | 40,000 sf |
b. Within the Shoreland Zone Adjacent to Non-Tidal Areas | 60,000 sf | 40,000 sf | 60,000 sf | See Footnote *[A] | 60,000 sf | 60,000 sf | 60,000 sf | 60,000 sf |
3) Minimum Shore Frontage (Lineal Feet), Residential | ||||||||
a. Residential, Lot Adjacent to Tidal Area | 150 ft | 100 ft | 150 ft | See Footnote *[A] | 150 ft | 150 ft | 150 ft | 150 ft *[C] |
b. Residential, Lot Adjacent to Non-Tidal Area | 200 ft | 100 ft | 200 ft | See Footnote *[A] | 200 ft | 200 ft | 200 ft | 200 ft*[C] |
4) Minimum Shore Frontage (Lineal) Feet), Nonresidential, Governmental, and Institutional | ||||||||
a. Nonresidential, Lot Adjacent to Tidal Area | 200 ft | 200 ft | 200 ft | See Footnote *[A] | 200 ft | 200 ft | 200 ft | 200 ft |
b. Nonresidential, Lot Adjacent to Non-Tidal Area | 300 ft | 200 ft | 300 ft | See Footnote *[A] | 300 ft | 300 ft | 300 ft | 300 ft |
5) Minimum Structure Setback, Residential, Principal and Accessory Structures | 75 ft *[E] & *[F] | 25 ft *[F] | 25 ft *[F] | 0 ft | 250 ft *[E] & *[F] | 75 ft | 25 ft | 25 ft *[D] |
6) Minimum Structure Setback, Nonresidential, Governmental and Institutional | 75 ft *[E] & *[F] | 25 ft *[F] | 25 ft *[F] | 0 ft | 250 ft *[E] & *[F] | 75 ft | 25 ft | 75 ft |
7) Maximum Lot Coverage, Residential, Impervious Surface | 20% | 35% | 70% | 100% | 20% | 20% | 70% | 80% |
8) Maximum Lot Coverage, Nonresidential, Impervious Surface | 20% | 35% | 70% | 100% | 20% | 20% | 70% | 80% |
9) Maximum Structure Height, Residential, as measured from existing ground grade to peak of roof | 35 ft | 35 ft | 38 ft | 35 ft *[B] | 35 ft | 35 ft | 38 ft | 35 ft |
10) Maximum Structure Height, Nonresidential, Governmental, and Institutional, as measured from existing ground grade to peak of roof | 35 ft | 35 ft | 50 ft | 35 ft*[B] | 35 ft | 35 ft | 50 ft | 35 ft |
(b)
Specific Footnotes to the Division 3.25 Dimensional Table. The Footnotes in Subsection (b) shall apply to the Dimensional Table for the respective Shoreland Districts identified in Subsection (a) of this Division. The respective Footnotes are identified as follows: *[upper case letter of alphabet].
*[A] | In the Waterfront Development District, the minimum lot size of a property and the minimum amount of shore frontage shall be consistent with the minimum lot size and minimum street frontage standards identified in Chapter 102, Zoning, Article V, District Regulations, for the Waterfront Mixed Use-1 and Waterfront Mixed Use-2 zoning districts. Reference the City Official Zoning Map for the boundaries of these zoning districts. Most properties in these two zoning districts also are located in the Waterfront Development Shoreland District. The respective standards are: | |
1. | Waterfront Mixed Use-1. Minimum Lot Size - 43,560 square feet Minimum Road (Shore) Frontage - 200 feet | |
2. | Waterfront Mixed Use-2. Minimum Lot Size - 20,000 square feet Minimum Road (Shore) Frontage - 200 feet | |
Notwithstanding the above requirements, properties in the Waterfront Development District are subject to the contract rezoning process identified 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. A project in the Waterfront Mixed Use-1 zoning district must use the contract rezoning process, and a project in the Waterfront Mixed Use-2 zoning district can voluntarily choose to use the contract rezoning process. The City Council, pursuant to terms of an adopted contract rezoning agreement, may amend the dimensional requirements that apply to the Waterfront Development Shoreland District. | ||
*[B] | In the Waterfront Development District, the maximum height of a residential or nonresidential structure may exceed the height limit for the District pursuant to terms of a contract rezoning agreement for the property that is adopted by the City Council. The process for Council adoption of a contract rezoning agreement is identified 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. | |
*[C] | In the Manufactured Housing Community District, the minimum lot size for a manufactured housing community (mobile home) park and other uses shall be 40,000 square feet with 200 feet of shore frontage on the Goose River. However, there is no specific minimum lot size or shore frontage requirement for the individual rental lots in the manufactured housing community, provided the overall density of the Park complies with City and State requirements for a manufactured housing community that are identified in Chapter 102, Zoning, Article VIII, Supplementary District Regulations, Division 4, Mobile Homes and Manufactured Housing, and the Park remains in common ownership. The current manufactured housing community on the property in the Manufactured Housing Community District was established in the 1960s, prior to the adoption of the shoreland zoning requirements for the State or City. | |
*[D] | In the Manufactured Housing Community District, all structures shall be set back a minimum of 25 feet from the normal high mark of the Goose River. If an existing mobile home/manufactured housing unit has a setback of less than 25 feet, and it is replaced, the Park owner must demonstrate to the Code Enforcement Office why the replacement unit cannot comply with the 25-foot structure setback requirement. | |
*[E] | In the section of the Resource Protection District or Limited Residential District located adjacent to Upper Mason Pond (a great pond) or the section of the Goose River (from Swanville/Belfast municipal boundary to the Pond) that flows into the Pond, the minimum structure setback from the normal high water mark for a permitted use shall be 100 feet. | |
*[F] | Some properties in the General Development, Limited Residential, Urban Residential, Waterfront Development, and Resource Protection districts have shore frontage on Belfast Bay or the portion of the Passagassawakeag River that forms the headwaters of Belfast Bay. In said districts, the water and wetland setback measurements for principal structures shall be taken from the top of a coastal bluff that has been identified on Coastal Bluff maps as being "highly unstable" or "unstable" by the Maine Geological Survey pursuant to its "Classification of Coastal Bluffs" and published on the most recent Coastal Bluff map. If the applicant and the permitting official(s) are in disagreement as to the specific location of a "highly unstable" or "unstable" bluff, or where the top of the bluff is located, the applicant may, at his or her expense, employ a Maine Registered Professional Engineer, a Maine Certified Soil Scientist, a Maine State Geologist, or other qualified individual to make a determination. If agreement is still not reached, the applicant may appeal the matter to the Zoning Board of Appeals. | |
(c)
Dimensional requirements applicable to all Shoreland Districts, properties, structures, and uses. The following dimensional standards shall apply to all properties, structures, and uses in any Shoreland District:
(1)
Land below the normal high-water line of a water body or upland edge of a wetland and land beneath roads serving more than two lots shall not be included toward calculating minimum lot area.
(2)
Lots located on opposite sides of a public or private road shall be considered each a separate tract or parcel of land unless such road was established by the owner of land on both sides thereof after September 22, 1971.
(3)
The minimum width of any portion of any lot within 100 feet, horizontal distance, of the normal high-water line of a water body or upland edge of a wetland shall be equal to or greater than the shore frontage requirement for a lot with the proposed use.
(4)
If more than one residential dwelling unit or more than one principal commercial or industrial structure is constructed on a single parcel, the minimum lot size and minimum shore frontage standard shall be met for each additional dwelling unit or principal structure. This standard shall not apply to the Waterfront Development District or to the Manufactured Housing Community District.
(5)
The setback for all principal and accessory structures shall be measured from the normal high water line of the water body, tributary stream or upland edge of a wetland. The water body or wetland setback provision, however, shall neither apply to principal or accessory structures which require direct access to the water as an operational necessity, such as piers, docks and retaining walls, nor to other functionally water-dependent uses.
(6)
Calculation of Lot Coverage. For the purposes of calculating lot coverage, non-vegetated surfaces include, but are not limited to, the following: structures, driveways, parking areas, and other areas from which vegetation has been removed or does not exist. Naturally occurring ledge and rock outcroppings are not counted as non-vegetated surfaces when calculating lot coverage for lots of record on March 24, 1990, and in continuous existence since that date.
(7)
Elevation. The first-floor elevation or openings of all buildings and structures shall be elevated at least one foot above the elevation of the one-hundred-year flood, the flood of record, or, in the absence of these, the flood as defined by soil types identified as recent floodplain soils. All structures or substantially improved structures shall comply with Chapter 78, Article II. Basements which are not elevated at least one foot above the elevation of the one-hundred-year flood, the flood of record or, in the absence of these, the flood as defined by soil types identified as recent floodplain soils, may not be used for living space.
(8)
Stairways and similar structures providing shoreline access. Notwithstanding the requirements otherwise stated in this Division, stairways or similar structures may be allowed, with a permit from the Code Enforcement Officer, to provide shoreline access in areas of steep slopes or unstable soils, provided that the structure is limited to a maximum of 4 feet in width, that the structure does not extend below or over the normal high-water line of a water body or upland edge of a wetland (unless permitted by the State Department of Environmental Protection pursuant to the Natural Resources Protection Act, 38 M.R.S.A. § 480-C), and that the applicant demonstrates that no reasonable access alternative exists on the property.
(9)
Accessory Structures on a Nonconforming Lot of Record. On a non-conforming lot of record on which only a residential structure exists, and it is not possible to place an accessory structure meeting the required water body, tributary stream or wetland structure setback requirement, the Code Enforcement Officer may issue a permit to place a single accessory structure, with no utilities, for the storage of yard tools and similar equipment. Said accessory structure shall not be used to house motor vehicles and/or animals, and it shall not exceed 64 square feet in area (footprint), nor 6 feet in height at the eaves and 8 feet in height at the peak. The accessory structure shall be located as far from the shoreline or tributary stream as practical, and shall meet all other applicable standards, including lot coverage and vegetation clearing limitations. In no case shall the structure be located closer to the shoreline or tributary stream than the principal structure.
(d)
Provisions applicable to certain retaining walls. Retaining walls that are not necessary for erosion control shall meet the structure setback requirement, except for low retaining walls and associated fill, provided all of the following conditions are met:
(1)
The site has been previously altered and an effective vegetated buffer does not exist;
(2)
The wall(s) is (are) at least 25 feet, horizontal distance, from the normal high-water line of a water body, tributary stream, or upland edge of a wetland;
(3)
The site where the retaining wall will be constructed is legally existing lawn or is a site eroding from lack of naturally occurring vegetation, and which cannot be stabilized with vegetative plantings;
(4)
The total height of the wall(s), in the aggregate, is no more than 24 inches;
(5)
Retaining walls are located outside of the 100-year floodplain on rivers, streams, coastal wetlands, and tributary streams, as designated on the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps or Flood Hazard Boundary Maps, or the flood of record, or in the absence of these, by soil types identified as recent floodplain soils.
(6)
The area behind the wall is revegetated with grass, shrubs, trees, or a combination thereof, and no further structural development will occur within the setback area, including patios and decks; and
(7)
A vegetated buffer area is established within 25 feet, horizontal distance, of the normal high-water line of a water body, tributary stream, or upland edge of a wetland when a natural buffer area does not exist. The buffer area must meet the following characteristics:
a.
The buffer must include shrubs and other woody and herbaceous vegetation. Where natural ground cover is lacking, the area must be supplemented with leaf or bark mulch;
b.
Vegetation plantings must be in quantities sufficient to retard erosion and provide for effective infiltration of stormwater runoff;
c.
Only native species may be used to establish the buffer area;
d.
A minimum buffer width of 15 feet, horizontal distance, is required, measured perpendicularly to the normal high-water line or upland edge of a wetland; and
e.
A footpath not to exceed the standards in Section 82-397(c)(1) may traverse the buffer.