[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.
[3-7-2023(1)]
(a) 
Piers, docks, wharfs, bridges and other structures and uses extending over or beyond the normal high-water line of a water body or within a wetland shall be subject to the following standards:
(1) 
Access from shore shall be developed on soils appropriate for such use and constructed so as to control erosion.
(2) 
The location shall not interfere with existing developed or natural beach areas.
(3) 
The facility shall be located so as to minimize adverse effects on fisheries.
(4) 
The facility shall be no larger in dimension than necessary to carry on the activity and be consistent with the existing conditions, use, and character of the area.
(5) 
The facility shall not encroach into, interfere with, or pose a hazard to navigational channels, and shall not extend within 25 feet of the established channels in Belfast harbor.
(6) 
The facility shall not interfere with access to and from existing mooring and berthing areas for both commercial and recreational uses in Belfast harbor.
(7) 
The facility shall not displace or eliminate existing mooring and berthing areas, both public and private, for commercial and recreational uses in Belfast harbor.
(8) 
The facility shall not interfere with public access to and use of the waters of Belfast harbor, including public rights-of-way and public and private launching ramps and related facilities.
(9) 
All points and location of the facility shall comply with the following wharf line restrictions for the respective harbor districts in Belfast harbor established in City Code of Ordinances, Marine Activities, Section 30-95, as said districts are described in Section 30-92 and identified on Map 10, Wharf Lines, Belfast Harbor:
Harbor District
Distance Standard
a.
Coastal harbor
300 feet from normal high water
b.
Outer harbor
200 feet from normal high water. Notwithstanding this provision, the City Council shall have the authority to adopt a contract rezoning agreement for a specific property that has shore frontage in the Outer Harbor and that is located in the Waterfront Development Shoreland District regarding the specific designation of the wharf line (amount a structure can extend beyond the normal high-water line) for the property; reference 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.
Inner harbor
c.1
West side of harbor
25 feet from the designated channel for Belfast harbor
c.2
East side of harbor
100 feet from normal high water
d.
Bridge harbor
d.1
West side of harbor
25 feet from the designated channel from Belfast harbor
d.2
East side of harbor
100 feet from the normal high water mark for structures connected to shore, and 25 feet from the designated channel for structures connected to the Armistice Bridge (foot bridge)
e.
River area
100 feet from normal high water
(10) 
The facility shall not interfere with or pose a hazard to navigation by obscuring visibility or by the display of distracting lights. The facility, if deemed appropriate, shall display appropriate warning lights to aid in navigation and public safety.
(11) 
No new structure shall be built on, over or abutting a pier, wharf, dock or other structure extending beyond the normal high-water line of a water body or within a wetland unless the structure requires direct access to the water as an operational necessity.
(12) 
No existing structures built on, over or abutting a pier, dock, wharf or other structure extending beyond the normal high-water line of a water body or within a wetland shall be converted to residential dwelling units in any district, nor shall any existing use be changed or expanded without Planning Board approval.
(13) 
Except in the General Development District and Waterfront Development District, structures built on, over or abutting a pier, wharf, dock or other structure extending beyond the normal high-water line of a water body or within a wetland shall not exceed 20 feet in height above the pier, wharf, dock or other structure.
(b) 
Permanent structures projecting into or over water bodies shall require a permit from the State Department of Environmental Protection pursuant to the Natural Resources Protection Act, 38 M.R.S.A. § 480-C.
(c) 
The Belfast Harbor Committee, as stipulated in Section 82-54(5), shall provide a recommendation to the Planning Board regarding the standards identified in this Section.
(a) 
An applicant may request the use of contract rezoning to determine the configuration of a pier, dock, or other structure projecting into or over a water body or wetland that is located in the Inner Harbor, provided the property is located in both the Waterfront Mixed Use-1 or Waterfront Mixed Use-2 zoning district and the Waterfront Development shoreland district. The Harbor Committee and Planning Board shall use the process established 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 to review and make a decision regarding the application. The factors the Harbor Committee and Planning Board shall consider to determine the appropriateness of a request to use contract rezoning are as follows:
(1) 
The acceptability of the soils on which a structure is located to support the proposed use and to control erosion.
(2) 
The location of the structure and its impact on existing developed or natural beach areas.
(3) 
The amount of adverse impact the facility may have on fisheries, and measures the applicant can implement to minimize adverse effects on fisheries. The committee or board may require an applicant to prepare an analysis of potential impacts on fisheries which the committee and board can review in rendering its decision.
(4) 
The dimensions of the facility and the need for such dimensions to carry on the activity. The committee and board, in rendering its decision, shall consider if proposal is consistent with the existing conditions, use, and character of the area, and plans and policies adopted by the Harbor Committee and City for this area.
(5) 
The impact the proposed facility may have on safe use of the navigational channel. In no case, however, shall any structure extend within 25 feet of the established navigational channel for Belfast harbor.
(6) 
The impact the proposed facility may have on access to and from existing mooring and berthing areas for both commercial and recreational uses in Belfast harbor, and measures the applicant can implement to minimize or avoid such impacts.
(7) 
The impact the proposed facility may have on the displacement or elimination of existing mooring and berthing areas, both public and private, for both commercial and recreational uses in Belfast harbor, and measures the applicant can implement to minimize, avoid or rectify such impacts.
(8) 
The impact the proposed facility may have on public access to and use of the waters of Belfast harbor, including public rights-of-way and public and private launching ramps and related facilities, and measures the applicant can implement to minimize, avoid or rectify such impacts. The Harbor Committee or Planning Board, in particular, such consider improvements an applicant shall make to the Belfast coastal walk and foot bridge, and the connectivity between such public facilities, in considering public access issues.
(9) 
The distance the proposed facility is located from the normal high water mark and the designated navigational channel, and the necessity to extend the facility beyond the one-hundred-foot wharf line from the normal high water specified in Section 82-204(a)(9). All facilities, however, must be a minimum of 25 feet from the navigational channel.
(10) 
The impact or degree of hazard a proposed facility may pose on navigation, either by obscuring visibility or by the display of distracting lights, and measures the applicant can implement to minimize or avoid such impacts and facilities that can be constructed to aid in navigation and public safety.
(11) 
The need of the proposed facility for direct access to the water as an operational necessity. The Committee or Board may require the applicant to conduct an alternatives analysis for a proposed facility.
(12) 
The proposed height of any structure built on a pier or dock and the need for such height as a functional necessity of the project.
(13) 
State and federal requirements for the proposed facility and conditions such agencies may require in allowing a project.
(b) 
Permanent structures projecting into or over water bodies shall require a permit from the State Department of Environmental Protection pursuant to the Natural Resources Protection Act, 38 M.R.S.A. § 480-C.
(c) 
The Belfast Harbor Committee, as stipulated in Section 82-54(5), and 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 shall provide a recommendation to the Planning Board regarding the standards identified in this section.