City of Belfast, ME DIVISION 11 Eastside Zoning Districts [1]

[1] Editor's Note: Former Division 11, adopted 3-4-1997 by Ord. No. 28-1997, as amended, was repealed 7-20-2004 by Ord. No. 3-2005.

Sec. 102-511 Council adoption of Eastside Zoning District Regulations.

[Added 2-7-2023(5)]

The City Council, at its meeting of April 5, 2022, adopted District Regulations for a new Division in Article V; Division 16, Outside Rural Districts. The April five amendments for Division 16 included three zoning districts that are now being relocated to this newly established Division; Division 11, Eastside Districts. The three zoning districts that are being relocated from Division 16 to Division 11 include: Residential-5 (Res-5), Residential 6 (Res-6), and Swan Lake Avenue Mixed Use (SLAMU). In addition, the Council included the standards for the Searsport Avenue Commercial (SAC) and Searsport Avenue Waterfront (SAW) zoning districts in Division 11, Eastside Districts. The Council, in adopting the new Division 11 regulations, concurrently repealed the standards in Division 16 for the Residential-5, Residential-6, and Swan Lake Avenue Mixed Use districts, and the standards in Division 13, Searsport Avenue Waterfront, and Division 29, Searsport Avenue Commercial. The establishment of Division 11, Eastside Districts, did not result in any revisions to the zoning district boundaries for the above 5 zoning districts as such were identified on the Official Zoning Map last amended on April 5, 2022.[1]

[1] Editor's Note: The Zoning Map is included as an attachment to this chapter.

Sec. 102-512 Standards that apply to the Eastside Zoning Districts.

[Added 2-7-2023(5)]

(a) City Code of Ordinances, Subpart B, Land Use Regulations that apply to the Eastside zoning districts include the following:

(1) Chapter 66, General Provisions. This Chapter identifies the definitions for terms used in the City Code of Ordinances, Subpart B, Land Use Regulations.

(2) Chapter 74, Buildings and Building Regulations. This Chapter identifies requirements of the City Building Code that apply to the construction of buildings that are permitted in Division 11.

(3) Chapter 78, Floods. Provisions of Chapter 78, Floods, may apply to properties located in the zoning districts identified in this Division. Properties subject to requirements of Chapter 78 are identified on the Official Flood Insurance Rate Maps (FIRM) adopted by the City.

(4) Chapter 82, Shoreland Zoning. Provisions of Chapter 82, Shoreland, may apply to properties located in the zoning districts identified in this Division. The adopted Official City Shoreland Zoning Map in Chapter 82 identifies properties that are subject to Chapter 82 requirements.

(5) Chapter 86, Signs. The provisions of Chapter 86, Signs, apply to any person who proposes to install a sign on any property in any zoning district located in any Eastside zoning district.

(6) Chapter 90, Site Plans. The provisions of Chapter 90, Site Plans, apply to any use in any Eastside zoning district that requires a Site Plan permit.

(7) Chapter 94, Subdivisions (Ordinance provisions not codified). The provisions of Chapter 94, Subdivisions, apply to any use or property in any Eastside zoning district that qualifies as a subdivision.

(8) Chapter 98, Technical Standards. The provisions of the Chapter 98, Technical Standards, apply to all new or expanded development of any use in any Eastside zoning district.

(9) Chapter 102, Zoning. Applicable provisions of Chapter 102, Zoning, apply to all new or expanded development of any use or property in any Eastside zoning district.

(b) Nonconforming Uses of Record. A use located in the Residential 5, Residential 6 and Swan Lake Avenue Mixed Use districts that existed prior to April 5, 2022, (original date of adoption of Division 16, Outside Rural amendments), or prior to February 7, 2023, (date of adoption of Eastside amendments) in the Searsport Avenue Commercial or Searsport Avenue Waterfront zoning districts, that is rendered nonconforming by the adoption of the Table of Uses in this Division, shall be considered a legally established nonconforming use of record. A legally established nonconforming use of record may continue and may expand, subject to compliance with the standards in this Division, the standards in Article III, Nonconformance in this Chapter, and other applicable requirements in the City Code of Ordinances.

(c) Prohibited uses. Only those uses specifically listed in the Section 102-514, Table of Uses, as a permitted use requiring Code Enforcement Officer review or a permitted use requiring Planning Board review are allowed in any Eastside zoning district identified in Division 11. All other uses are prohibited.

Sec. 102-513 Introduction to Table of Uses.

[Added 2-7-2023(5)]

The Table of Uses in this Division, reference Section 102-514, identifies uses that are permitted in the following zoning districts for the Eastside area as such are shown on the Official City Zoning Map: Residential-5 (Res-5), Residential-6 (Res-6), Swan Lake Avenue Mixed Use (SLAMU), Searsport Avenue Commercial (SAC), and Searsport Avenue Waterfront (SAW). Section 102-515 identifies Footnotes to the Use Table. The Footnotes, as such are described in Section 102-515, identify additional requirements that apply to certain uses identified in the Use Table. Footnotes are identified in the Table of Uses by the following designation: *[letter of alphabet, lower case].

Sec. 102-514 Table of Uses for Eastside zoning districts.

[Added 2-7-2023(5)]

KEY TO TABLE
P	Permitted Use - No Permit Required
P-CEO	Permitted Use that requires CEO Review and Permit
P-PBR	Permitted Use that requires Planning Board review and permit
SU-CZ	Special Use - Contract Rezoning Approval required
SUA	Special Use Area in Outside Rural 1 or Outside Rural 2
P-LPI	Licensed Plumbing Inspector review and permit required
NO	Prohibited Use
STATE	Permit required from State in lieu of City Permit review
YTBD	Yet to Be Determined. City has not yet adopted referenced standards for Certain Uses that are cited.

Section 102-514 Table of Uses, Eastside Zoning Districts, Type of Use	Searsport Avenue Commercial - (SAC)	Searsport Avenue Waterfront - (SAW)	Swan Lake Avenue Mixed Use (SLA-MU)	Residential 5 (RES-5)	Residential 6 (RES-6)
Residential Uses
1) Dwelling, single-family	P-CEO	P-CEO	P-CEO	P-CEO	P-CEO
2) Dwelling, Accessory dwelling unit; See Footnote *[a].	P-CEO *[a]	P-CEO *[a]	P-CEO *[a]	P-CEO *[a]	P-CEO *[a]
3) Dwelling, two-family	P-CEO	P-CEO	P-CEO	P-CEO	P-CEO
4) Dwelling, Flex Housing	P-CEO or P-PBR *[b] & *[c]	P-CEO or P-PBR *[b] & *[c]	P-CEO or P-PBR *[b] &*[c]	P-CEO or P-PBR *[b] & *[kk] & *[c]	NO
5) Dwelling, multi-family (3 or more units in one structure). See Footnote *[c].	P-PBR *[c] &*[e]	P-PBR *[c] &*[e]	P-PBR *[c] & *[e]	P-PBR *[c] & *[d]	NO
6) Dwelling, multi-family in a residential planned unit development. See Footnote *[g].	P-PBR *[g]	P-PBR *[g]	P-PBR *[g]	P-PBR *[g]	NO
7) Residential Planned Unit Development (PUD). See Footnote *[g].	P-PBR *[g]	P-PBR *[g]	P-PBR *[g]	P-PBR *[g]	NO
8) Rural affordable housing development (PUD)	NO	NO	NO	NO	NO
9) Manufactured housing on a chassis/mobile home	P-CEO	P-CEO	P-CEO	P-CEO	P-CEO
10) Manufactured housing (units on permanent foundation)	P-CEO	P-CEO	P-CEO	P-CEO	P-CEO
11) Manufactured housing community (units on chassis) or mobile home park	NO	NO	P-PBR *[i]	NO	NO
12) Accessory residential structures	P-CEO	P-CEO	P-CEO	P-CEO	P-CEO
13) Accessory residential uses	P-CEO	P-CEO	P-CEO	P-CEO	P-CEO
14) Accessory residential uses on the upper stories of nonresidential structures. See Footnote *[j].	P-CEO or P-PBR *[j]	P-CEO or P-PBR *[j]	P-CEO or P-PBR *[j]	P-CEO or P-PBR *[j]	P-CEO or P-PBR *[j]
15) Yard sales, residential held no more than 10 days in a calendar year	P	P	P	P	P
16) Home occupation class 1: Small scale. See Footnote *[k].	P *[k]	P *[k]	P *[k]	P *[k]	P *[k]
17) Home occupation class 2: Mid-scale. See Footnote *[k].	P-CEO *[k]	P-CEO *[k]	P-CEO *[k]	P-CEO *[k]	P-CEO *[k]
18) Home occupation class 3: Large scale. See Footnote *[k].	P-PBR *[k]	P-PBR *[k]	P-PBR *[k]	P-PBR *[k]	P-PBR *[k]
19) Owner-occupied boarding or owner-occupied lodging house with up to 3 borders or lodgers	P-CEO	P-CEO	P-CEO	P-CEO	P-CEO
20) Owner-occupied boarding or owner-occupied lodging house with 4 or more borders or lodgers	P-PBR	P-PBR	P-PBR	NO	NO
21) Owner-occupied group home or owner-occupied hospice with a capacity of up to 8 residents	P-PBR	P-PBR	P-PBR	P-PBR	P-PBR
22) Owner-occupied group home or owner-occupied hospice with a capacity of 9 or more residents	P-PBR	P-PBR	P-PBR	NO	NO
23) Group home with a capacity of up to 8 residents	P-PBR	P-PBR	P-PBR	P-PBR	P-PBR
24) Group home with a capacity of 9 or more residents	P-PBR	P-PBR	P-PBR	NO	NO
25) Up to 8 residents in the following: Congregate care, residential retirement housing, assisted living facility or hospice. [State defined Levels I, II and III Residential Care Facility and State defined Levels I, II and III Private Non-Medical Institution]	P-PBR	P-PBR	P-PBR	P-PBR	P-PBR-
26) Nine or more residents in the following: Congregate care, residential retirement housing, assisted living facility or hospice. [State defined Level IV Residential Care Facility, and State defined Level IV Private Non-Medical Institution]	P-PBR	P-PBR	P-PBR	NO	NO
27) Bed and breakfast class 1. See Footnote *[l].	P-PBR *[l]	P-PBR *[l]	P-PBR *[l]	P-PBR *[l]	P-PBR *[l]
28) Bed and breakfast class 2. See Footnote *[l].	P-PBR *[l]	P-PBR *[l]	P-PBR *[l]	P-PBR *[l]	P-PBR *[l]
29) Bed and breakfast class 3. See Footnote *[l].	P-PBR *[l]	P-PBR *[l]	P-PBR *[l]	P-PBR *[l]	P-PBR *[l]
30) Bed and breakfast, non-owner occupied. Class 1, 2, or 3 *[l]	P-PBR *[l]	P-PBR *[l]	P-PBR *[l]	NO	NO
31) Emergency Shelter, as defined by City Ordinance	NO	NO	NO	NO	NO
32) Transitional Housing Facility, as defined by City Ordinance *[aaa]	NO	NO	NO	NO	NO
Reserved 33) - 44)
Office, Child Care, Health Care and Veterinary Uses
45) Professional offices and health care offices	P-PBR *[m] & *[mm]	P-PBR *[m] & *[mm]	P-PBR *[m]	NO	NO
46) Health care facilities and hospitals	P-PBR *[mm]	NO	NO	NO	NO
47) Nursing homes and Long-term care facilities	P-PBR *[mm]	P-PBR *[mm]	P-PBR	NO	NO
48) Care facility, child care facility serving up 12 children. [State defined Small Childcare Facility for 3 -12 children] *[vv]	P-CEO *[k] & *[vv]	P-PBR - *[k] & *[vv]	P-PBR - *[k] & *[vv]	P-PBR - *[k] & *[vv]	P-PBR - *[k] & *[vv]
49) Care facility, child care facility serving more than 12 children. [State defined Child Care Center] *[vv]	P-PBR *[mm] & *[vv]	P-PBR *[mm] & *[vv]	P-PBR *[vv]	P-PBR *[vv]	P-PBR *[vv]
50) Care facility, youth and adult	P-PBR *[mm]	P-PBR *[mm]	P-PBR	P-PBR	P-PBR
51) Veterinary clinic and veterinary hospital	P-PBR *[mm]	NO	P-PBR	NO	NO
52) Animal kennel Class 1, includes day-time training facilities	NO	NO	P-PBR *[v]	NO	NO
53) Animal kennel Class 2	P-PBR *[v] & *[mm]	NO	P-PBR *[v]	NO	NO
Reserved 54) - 69)
Retail, Motor Vehicle, Services, and Repair Uses
70) Retail Store, See Footnote *[n] regarding size limits that apply.	P-PBR *[n] and *[mm]	P-PBR *[n] and *[mm]	P-PBR *[n]	NO	NO
71) Shopping centers, including mixed use development (service, retail, restaurant, and/or office in same complex). See Footnote *[o] regarding size limits that apply.	P-PBR *[o] and *[mm]	P-PBR *[o] and *[mm]	NO	NO	NO
72) Commercial agricultural greenhouse or nursery: Sale of materials, plants or similar items commonly associated with landscaping activities	P-PBR *[mm]	P-PBR *[mm]	P-PBR	NO	NO
73) Farmers Market, indoor or outdoor, that may also include food and craft sales	P-PBR *[n] and *[mm]	P-PBR *[n] and *[mm]	P-PBR *[n]	NO	NO
74) Medical Marijuana caregiver retail stores	P-PBR *[n] and *[cc] and *[mm]	P-PBR *[n] and *[cc] and *[mm]	P-PBR *[n] and *[cc]	NO	NO
75) Adult Use, Marijuana Retail Store	NO	NO	NO	NO	NO
76) Convenience stores. See Footnote *[q] regarding size limits that apply.	P-PBR *[q] and *[mm]	NO	P-PBR *[q]	NO	NO
77) Redemption Centers for Beverage Containers	P-PBR *[mm]	P-PBR *[mm]	P-PBR	NO	NO
78) Motor vehicle, snowmobile, utility-terrain vehicle (UTV) and all-terrain vehicle (ATV) and similar repair business. Reference Footnote *[uu].	P-PBR *[mm] and *[uu]	NO	P-PBR *[uu]	NO	NO
79) Motor vehicle fuel sales	P-PBR *[mm]	NO	P-PBR *[w]	NO	NO
80) Motor vehicle sales including automobiles, snowmobiles, utility-terrain vehicles (UTV) and all-terrain vehicles (ATV). Primary use	P-PBR *[mm]	NO	P-PBR	NO	NO
81) Motor homes, heavy trucks, and related equipment sales, repairs and services	P-PBR *[mm]	NO	P-PBR	NO	NO
82) Mobile home, manufactured home and modular home sales	P-PBR *[mm]	NO	P-PBR	NO	NO
83) Personal services. See Footnote *[p] regarding size limits that may apply	P-PBR *[p] and *[mm]	P-PBR *[p] and *[mm]	P-PBR *[p]	NO	NO
84) Service Business. See Footnote *[xx] regarding size limits that may apply	P-PBR *[xx] and *[mm]	P-PBR *[xx] and *[mm]	P-PBR *[xx]	NO	NO
85) Lumber Yard and Building Supply Store. See definition of a Lumber Yard and Building Supply Store in Chapter 66.	P-PBR *[tt] and *[mm]	NO	NO	NO	NO
86) Laundromat	P-PBR *[mm]. If on public sewer	P-PBR *[mm]. If on public sewer	P-PBR. If on public sewer	NO	NO
87) Dry Cleaning (on-site)	P-PBR *[mm]. If on public sewer	NO	NO	NO	NO
88) Funeral Home	P-PBR *[mm]	P-PBR *[mm]	P-PBR	NO	NO
89) Mausoleum/crematory	NO	NO	NO	NO	NO
Reserved 90) - 109)
Restaurant and Lodging Uses
110) Hotel and motel	P-PBR *[mm]	P-PBR *[mm]	NO	NO	NO
111) Campground excluding Recreation Vehicle (RV) Park	P-PBR *[mm]	P-PBR *[mm]	NO	NO	NO
112) Campground, including a Recreation Vehicle (RV) Park and Motor Homes	P-PBR *[mm]	P-PBR *[mm]	NO	NO	NO
113) Restaurant, fast food	P-PBR *[mm]	NO	NO	NO	NO
114) Restaurant, formula	P-PBR *[mm]	P-PBR *[mm]	NO	NO	NO
115) Restaurant with indoor seating	P-PBR *[mm]	P-PBR *[mm]	P-PBR	NO	NO
116) Restaurant with outdoor seating	P-PBR *[mm]	P-PBR *[mm]	P-PBR	NO	NO
117) Restaurant, take out	P-PBR *[mm]	P-PBR *[mm]	P-PBR	NO	NO
118) Restaurant with drive through window	P-PBR *[mm]	NO	NO	NO	NO
119) Restaurant, ice cream stand	P-PBR *[mm]	P-PBR *[mm]	P-PBR	NO	NO
120) Lobster pound, and accessory fish/seafood processing	P-PBR *[mm]	P-PBR *[mm]	P-PBR	NO	NO
Reserved 121) - 139)
Industrial, Manufacturing, Laboratory, Warehouse, Storage and Aquaculture
140) Light industrial/Light manufacturing	P-PBR *[s] and *[mm] and *[vv]	NO	P-CEO *[s] and *[vv]	NO	NO
141) Manufacturing, processing and industrial activities, including accessory retail sales	P-PBR *[t] and *[mm] and *[vv]	NO	NO	NO	NO
142) Bituminous asphalt plant/mixing operations	NO	NO	NO *[oo] and *[pp]	NO	NO
143) Storage, contractor operations including exterior storage of materials and equipment	P-PBR *[u] and *[mm]	NO	P-PBR *[u]	NO	NO
144) Storage facility/warehouse	P-PBR *[r] and *[mm]	NO	P-PBR *[r]	NO	NO
145) Storage, self-storage facility	P-PBR *[mm]	NO	P-PBR	NO	NO
146) Storage tanks for petroleum products, including propane for sale	NO	NO	NO	NO	NO
147) Boat building, boat repair, boat retrofitting or boat storage, including allowing limited onsite sales as an accessory use	P-PBR *[y] and *[mm]	P-PBR *[y] and *[mm]	P-CEO *[y]	NO	NO
148) Research laboratory	P-PBR *[mm]	NO	P-PBR	NO	NO
149) Medical Marijuana testing facilities	P-PBR *[cc] and *[mm]	P-PBR *[cc] and *[mm]	P-PBR *[cc]	NO	NO
150) Medical Marijuana manufacturing facilities	P-PBR *[cc] and *[mm]	P-PBR *[cc] and *[mm]	P-PBR *[cc]	NO	NO
151) Adult Use Marijuana Cultivation, Tier 1	P-CEO *[dd] and *[mm]	P-CEO *[dd] and *[mm]	P-CEO *[dd]	NO	NO
152) Adult Use Marijuana Cultivation, Tier 2	P-PBR *[dd] and *[mm]	P-PBR *[dd] and *[mm]	P-PBR *[dd]	NO	NO
153) Adult Use Marijuana Cultivation, Tier 3	P-PBR *[dd] and *[mm]	NO	NO	NO	NO
154) Adult Use Marijuana Cultivation, Tier 4	P-PBR *[dd] and *[mm]	NO	NO	NO	NO
155) Adult Use, Marijuana Cultivation Nursery	P-PBR *[dd] and *[mm]	NO	P-PBR *[dd]	NO	NO
156) Adult Use, Marijuana Testing Facility	P-PBR *[dd] and *[mm]	P-PBR *[dd] and *[mm]	P-PBR *[dd]	NO	NO
157) Adult Use, Marijuana Manufacturing Facility	P-PBR *[dd] and *[mm]	P-PBR *[dd] and *[mm]	P-PBR *[dd]	NO	NO
158) Aquaculture, Land-Based	NO	NO	NO	NO	NO
159) Aquaculture, Freshwater	NO	P-PBR *[mm]	NO	NO	NO
160) Aquaculture, Marine	NO	P-PBR *[mm]	NO	NO	NO
161) Aviation and uses accessory to aviation	NO	NO	NO	NO	NO
Reserved 162) - 179)
Agriculture and Natural Resource Uses
180) Commercial agricultural, dairy and horticultural activities, including you pick operations. Also reference 181) - 184) below	P-PBR	P-PBR	P-PBR	P-CEO	P-PBR
181) Farm Stand and/or Small Craft Sales as an Accessory Use to an Agricultural Use	P-PBR	P-PBR	P-PBR	P-PBR	P-PBR
182) Commercial Poultry. (Refer to Chapter 66, Definition)	NO	NO	NO	NO	NO
183) Commercial Piggeries. (Refer to Chapter 66, Definition)	NO	NO	NO	NO	NO
184) Accessory Uses to Commercial Agriculture. An operating agricultural use may operate a small campground (No RVs) or an outside event activity, subject to Performance Standards identified in Division (YTBD - Performance Standards have not yet been prepared)	P-PBR	NO	NO	NO	NO
185) Domestic chickens - Reference City Code of Ordinances, Chapter 10, Animals, Article III, Domesticated Chickens	P-CEO	P-CEO	P-CEO	P-CEO	P-CEO
186) Slaughterhouse	NO	NO	NO	NO	NO
187) Horses and horse barns/Stables	P-PBR *[jj]	P-PBR *[jj]	P-PBR	NO	P-PBR
188) Animal breeding, husbandry	P-PBR	P-PBR	P-PBR	NO	P-PBR
189) Tree farm (Including on-site sales)	P-PBR	NO	P-PBR	NO	P-PBR
190) Forestry: Woodlot management and timber harvesting. Reference State Permitting requirements from DEP	State	State	State	State	State
191) Forestry: Commercial firewood processing	P-PBR	NO	P-PBR	NO	NO
Reserved 192) - 209)
Utilities
210) Stealth telecommunications facilities	P-PBR *[ff]	P-PBR *[ff]	P-PBR *[ff]	P-PBR *[ff]	P-PBR *[ff]
211) Minor telecommunications facilities including co-location on existing structures	P-CEO *[ff]	P-CEO *[ff]	P-CEO *[ff]	P-CEO *[ff]	P-CEO *[ff]
212) Telecommunications facilities	P-PBR *[ff]	NO	P-PBR *[ff]	NO	NO *[ll]
213) Small Wireless Facility (as defined by State Statute)	P	P	P	P	P
214) Essential Services. Also see 215) below	P	P	P	P	P
215) Power Generation and Substations, Phase 3 Power Transmission Lines, and natural gas line facilities	P-PBR *[gg] and *[mm]	P-PBR *[gg] and *[mm]	P-PBR *[gg]	P-PBR *[gg]	P-PBR *[gg]
216) Solar Energy Systems, Large-Scale, ground-mounted	P-PBR *[ee]	P-PBR *[ee]	P-PBR *[ee]	P-PBR *[ee]	P-PBR *[ee]
217) Solar Energy Systems, Small-Scale and Medium-Scale, ground-mounted and roof-mounted	P-CEO *[ee]	P-CEO *[ee]	P-CEO *[ee]	P-CEO *[ee]	P-CEO *[ee]
218) Solar Energy Systems, Large-Scale, roof-mounted	P-CEO *[ee]	P-CEO *[ee]	P-CEO *[ee]	P-CEO *[ee]	P-CEO *[ee]
219) Wind Generation - Turbines (Commercial)	NO	NO	NO	NO	NO
220) Wind Generation - Turbines (Residential)	P-CEO	P-CEO	P-CEO	P-CEO	P-CEO
221) Hydroelectric Power Generation facilities	P-PBR *[ss]	P-PBR *[ss]	P-PBR *[ss]	NO	NO
Reserved 222) - 239)
Public, Schools, Community Facilities, Performance Facilities and Recreation
240) Municipal uses deemed necessary by the City Council for which the Council shall hold a public hearing with 10 days' public notice given	P-CEO *[mm]	P-CEO *[mm]	P-CEO	P-CEO	P-CEO
241) Quasi-public and non-municipal public uses. Reference Footnote *[z] regarding City authority responsible for issuing a permit.	P-CEO or P-PBR *[z] and *[mm]	P-CEO or P-PBR *[z] and *[mm]	P-CEO or P-PBR *[z]	P-CEO or P-PBR *[z]	P-CEO or P-PBR *[z]
242) Public park	P-CEO	P-CEO	P-CEO	P-CEO	P-CEO
243) Public parking facility	P-PBR	P-PBR	P-PBR	NO	NO
244) School, public	P-PBR *[mm]	P-PBR *[mm]	P-PBR	NO	P-PBR
245) School, private/parochial/charter	P-PBR *[mm]	P-PBR *[mm]	P-PBR	NO	P-PBR
246) Community center	P-PBR *[mm]	P-PBR *[mm]	P-PBR	P-PBR	P-PBR
247) Social club	P-PBR *[mm]	P-PBR *[mm]	NO	NO	NO
248) Museum	P-PBR *[mm]	P-PBR *[mm]	P-PBR	NO	NO
249) Convention center	P-PBR *[mm]	NO	NO	NO	NO
250) Theater/Performing arts center	P-PBR *[mm]	P-PBR *[mm]	NO	NO	NO
251) Theater, outdoor and event facility. Permitted as an accessory use to a residential or agricultural use	P-PBR *[mm]	NO	NO	NO	NO
252) Recreational facility, indoor (public or private)	P-PBR *[mm]	P-PBR *[mm]	P-PBR *[mm]	NO	NO
253) Recreational facility, outdoor, excluding motorized vehicles	P-PBR *[mm]	P-PBR *[mm]	P-PBR	P-PBR	P-PBR
254) Recreational facility, outdoor, including motorized vehicles	NO	NO	NO	NO	NO
255) Recreational or community activities	P-CEO	P-CEO	P-CEO	P-CEO	P-CEO
256) Shooting or rifle range (public allowed)	NO	NO	NO	NO	NO
257) Drive-in movie theater	NO	NO	NO	NO	NO
258) Amusement park	NO	NO	NO	NO	NO
Reserved 259) - 279)
Miscellaneous Uses
280) Accessory non-residential structure if the principal structure was subject to review by Code Enforcement Officer	P-CEO	P-CEO	P-CEO	P-CEO	P-CEO
281) Accessory non-residential structure if the principal structure was subject to review by the Planning Board	P-PBR *[mm]	P-PBR *[mm]	P-PBR	P-PBR	P-PBR
282) Accessory non-residential use in which the principal use was subject to review by the Code Enforcement Officer	P-CEO	P-CEO	P-CEO	P-CEO	P-CEO
283) Accessory non-residential uses in which the principal use was subject to review by the Planning Board. (Permitted uses and expansions of legally established nonconforming uses)	P-PBR *[mm]	P-PBR *[mm]	P-PBR	P-PBR	P-PBR
284) Marinas and marina related service businesses	NO	P-PBR *[mm]	NO	NO	NO
285) Docks, floats and similar uses that occur below the normal high water mark. This use also requires review by the Harbor Committee pursuant to Chapter 82, Shoreland Zoning	NO	P-PBR	P-PBR	NO	NO
286) Water borne transportation and recreation	NO	P-PBR	NO	NO	NO
287) Fill, loam, sand, and gravel extraction operations provided the operation does not include the removal of bedrock material through blasting or any other mechanical means or the crushing or further processing of such bedrock material	NO	NO	NO *[oo] and *[pp]	NO	NO
288) Fill, loam, sand, gravel extraction, excluding bedrock, with restrictions on extent of area to be extracted at one time, and establishment of a continuing reclamation and reforestation program	P-PBR	NO	NO *[oo] and *[pp]	NO	NO
289) Fill activities that involve the addition or removal of at least 25 cubic yards of fill, but less than 100 cubic yards of material	P	P	P	P	P
290) Fill activities that involve the addition or removal of 100 cubic yards or more of material	P-CEO	P-CEO	P-CEO	P-CEO	P-CEO
291) Septage, storage and spreading	NO	NO	NO	NO	NO
292) Junkyards, including auto graveyards	NO	NO	NO	NO	NO
293) Significant Groundwater Well	P-PBR *[hh]	P-PBR *[hh]	NO	NO	NO
294) Significant Water Intake or Significant Water Discharge/Outfall Pipe	P-PBR *[ii]	P-PBR *[ii]	P-PBR *[ii]	NO	NO
Reserved 295) - 310)
Special Uses
311) Special Use Areas	N/A	N/A	N/A	N/A	N/A
312) Special Uses that Require City Review Pursuant to Contract Rezoning	None	None	None	None	None
Reserved 313) - 339)
USES SPECIFIC TO CHAPTER 82, SHORELAND ZONING *[yy]
340) Nonintensive recreational uses not requiring structures, such but not limited to hunting, fishing and hiking	P	P	P	P	P
341) Motorized vehicular traffic on existing roads and trails	P	P	P	P	P
342) Clearing of Vegetation for Development	P	P	P	P	P
343) Fire Prevention Activities	P	P	P	P	P
344) Wildlife Management Practices	P	P	P	P	P
345) Soil and Water Conservation Practices	P	P	P	P	P
346) Mineral Exploration	CEO	CEO	CEO	CEO	CEO
347) Surveying and Resource Analysis	P	P	P	P	P
348) Emergency Operations	P	P	P	P	P
349) Conversion of Seasonal Residences to Year-Round Residences	LPI (CEO)	LPI (CEO)	LPI (CEO)	LPI (CEO)	LPI (CEO)
350) Service Drops to Allowed Uses	P	P	P	P	P
351) Private Sewage Disposal Systems of Allowed Uses	LPI (CEO)	LPI (CEO)	LPI (CEO)	LPI (CEO)	LPI (CEO)
352) Road and Driveway Construction	CEO	CEO	CEO	CEO	CEO
353) Small Nonresidential Facilities for Educational, Scientific, or Nature Interpretation Purposes	P	P	P	P	P

NOTES:

Shoreland Zones and Shoreland Uses are not shown. Refer to Chapter 82, Shoreland Zoning, for Shoreland Table of Uses

Sec. 102-515 Footnotes to Use Table for the Eastside zoning districts.

[Added 2-7-2023(5)]

The Footnotes in Section 102-515 apply to the Use Table for the Eastside area; reference Section 102-514, Table of Uses. The Footnotes identify specific provisions that apply to certain uses identified in the Use Table and are intended to make persons aware of said provisions. The respective Footnotes, however, do not identify all Ordinance standards that may apply to a specific use, and 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, lower case].

*[a] Reference performance standards for an accessory dwelling unit in a detached structure. Chapter 102, Zoning, Article IX, Performance Standards, Division 6, Supplemental Performance Standards for an Accessory Dwelling Unit in a Detached Structure.

*[b] Footnote *[b] references density standards that apply to a Dwelling, Flex Housing project that are identified in the Dimensional Standards Table (Section 102-518) for each respective zoning district. The density standard establishes a formula to identify the amount and type of housing development that can occur on a property. The formula is based on the following factors: the size (net 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. Chapter 90, Site Plans, Article V, Board Review of a Multi-Family Housing or Flex Housing Project, identifies the process for Planning Board review of a Flex Housing project, and 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. Certain Flex Housing projects are also subject to Planning Board review pursuant to the Chapter 102, Zoning, Article VI, Planned Unit Development standards. 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.

*[c] 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] Multi-family housing is limited to the construction of tri-plex (three units in one structure) or four-plex (four units in one structure) structures. The density standards for Dwelling, Multi-family that use a subsurface system to manage wastewater are identified in the Dwelling, Flex Housing standard; reference lot size and density standards in the Dimensional Standards Table in this Division for the respective Eastside zoning district.

*[e] Multi-family housing shall be considered a distinct and separate use from Flex Housing. Multi-family housing shall be regulated pursuant to the density standards in the Dimensional Standards Table for each respective zoning district, 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, Planned Unit Development, Division 1, Residential Planned Unit Development.

*[g] Flexibility is permitted regarding the types of Multi-family housing and 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 Planned Unit Development shall allow the construction of a structure that has more than four 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. Reference the density standards in the Dimensional Standards Table for each respective zoning district, and reference standards in Chapter 102, Zoning, Article VI, Planned Unit Development, Division 1, Residential Planned Unit Development.

*[h] Reference Chapter 102, Zoning, Article VI, Planned Unit Development, Division 2, Rural Affordable Housing Communities. A maximum of four dwelling units is permitted in any single structure located in a Rural Affordable Housing Planned Unit Development.

*[i] A manufactured housing community must comply with standards identified in Chapter 102, Article VIII, Supplemental District Regulations, Division 4, Manufactured Housing Communities, and other applicable requirements in the City Code of Ordinances.

*[j] Residential development in the upper stories of a structure is permitted if the amount of development complies with density standards for a respective zoning district identified in the Dimensional Standards Table.

*[k] Reference the Division 1.5, Performance Standards for Home Occupations, identified in Chapter 102, Zoning, Article VIII, Supplementary District Regulations.

*[l] Reference standards identified in Chapter 102, Zoning, Article VIII, Supplementary District Regulations, Division 6, Bed and Breakfast Establishments.

*[m] Professional Offices and Health Care Offices.

If a professional office and/or health care use is identified as a permitted use, the maximum size of a building/structure in which a professional office or health care office is located shall be as follows in the following zoning districts:

1) In the Swan Lake Avenue Mixed Use district, professional office or health care office can be a maximum of 4,000 square feet in size.

2) There is no maximum size limit on a professional office or health care office in the Searsport Avenue Commercial or Searsport Avenue Waterfront zoning districts.

Notwithstanding the above, if a professional office or health care office is located in a building/structure that is used (qualifies) as a shopping center, and there is a limit on the size of a structure in which said uses are located, this standard could affect the total amount of professional office or health care office space that can be developed in that building, and in some cases, on that property. Reference footnote *[o] below that establishes certain limits on the maximum size of a building in a shopping center occupied by multiple uses in certain zoning districts.

*[n] If a retail use is identified as a permitted use, the maximum size of a retail use shall be as follows in the following identified zoning districts:

1) In the Swan Lake Avenue Mixed Use zoning district, a retail use can have a maximum total floor sales area of 4,000 square feet, and an additional 4,000 square feet of warehouse/storage area in any single structure. This amount of retail development is the maximum amount of retail use that can occur on a property that satisfies the minimum lot size requirement for a nonresidential use.

2) In the Searsport Avenue Waterfront zoning district, the maximum size of a single retail use in a single structure, or multiple retail uses in any single structure, shall be 20,000 square feet.

3) In the Searsport Avenue Commercial zoning district, the maximum size of a single retail use in a single structure, or multiple retail uses in any single structure, shall be 75,000 square feet.

4) Notwithstanding the standards identified in 1), 2), and 3) above, if a retail use is located in a building that is used for multiple uses (a shopping center), and there is a limit on the size of a structure in which such uses are located, this requirement could affect the total amount of retail space that can be developed in that building, and in some cases, on that property. Reference footnote *[o] below that establishes certain limits on the maximum size of a building (a shopping center) occupied by multiple uses in certain zoning districts.

*[o] If a shopping center is a permitted use, the maximum size of a shopping center shall be as follows in the following identified zoning districts.

1) In the Searsport Avenue Waterfront zoning district, the maximum size of a structure in a shopping center shall not exceed 20,000 square feet.

2) In the Searsport Avenue Commercial zoning district, the maximum size of a structure in a shopping center shall not exceed 75,000 square feet.

*[p] If a personal service business is identified as a permitted use, the maximum size of a personal services business shall be as follows in the following zoning districts.

1) In the Swan Lake Avenue Mixed Use district, a personal service business can be a maximum of 4,000 square feet in size.

2) In the Searsport Avenue Commercial and Searsport Avenue Waterfront districts, there is no maximum size limit on the size of a personal service business or a structure in which such use is located.

Notwithstanding 2) above, if a personal service is located in a building (a shopping center) that is used for multiple uses, and there is a limit on the size of a structure in which such uses are located, this requirement could affect the total amount of space for personal services that can be developed in that building, and in some cases, on that property. Reference footnote *[o] that establishes certain limits on the maximum size of a building occupied by multiple uses in certain zoning districts.

*[q] If a convenience store is identified as a permitted use, the maximum size of a convenience store shall be as follows in the following zoning districts.

1) In the Swan Lake Avenue Mixed Use zoning district, a convenience store can be a maximum of 4,000 square feet in size.

2) In the Searsport Avenue Commercial zoning district, the maximum size limit for a retail use (reference Footnote *[n]) shall govern the maximum size of a convenience store.

*[r] If a storage/warehouse use is identified as a permitted use, the maximum (total) size of all storage/warehouse buildings on a property shall be as follows in the following zoning districts.

1) In the Swan Lake Avenue Mixed Use, zoning district, the total size of all storage/warehouse buildings on a property shall not exceed 8,000 square feet (for each two acres of lot size), and the property on which a storage/warehouse facility is located shall be a minimum of two acres in size.

2) In the Searsport Avenue Commercial zoning district, there is no maximum size limit on the size of an individual storage/warehouse building or the total amount (square footage) of such buildings and use on a property.

*[s] If a light manufacturing facility is a permitted use, the maximum size of a light manufacturing facility on a property shall be as follows in the following zoning districts.

1) In the Swan Lake Avenue Mixed Use, a light manufacturing facility is limited to 4,000 square feet of active manufacturing use, and an additional 4,000 square feet of interior storage space. No exterior storage of materials is allowed.

2) In the Searsport Avenue Commercial zoning district, there is no maximum size limit on the size of an individual structure in which a light manufacturing facility is located or the total amount (square footage) of such buildings and use on a property.

*[t] If a manufacturing, processing, or industrial facility is identified as a permitted use, the maximum size of a manufacturing, processing, or industrial facility, including one that allows accessory retail sales, shall be as follows in the following identified zoning districts.

1) In the Searsport Avenue Commercial zoning district, there is no maximum size limit on the size of an individual structure in which said use occurs, or the total amount (square footage) of such buildings and use on a property.

*[u] 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 one acre in size. The contractor operation, including the storage areas, may be located on the same property as one or more dwelling units.

*[v] A property that is used for an Animal Kennel, Class 1, or an Animal Kennel, Class 2, shall be a minimum of two acres in size, regardless of the zoning 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 the adoption of the Division 11, Eastside Zoning District standards, (Division 11 adopted on February 7, 2023), that does not comply with the two 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. All new structures constructed after February 7, 2023 that are used for animal kennel operations shall comply with applicable structure setback requirements.

*[w] Any business that sells and dispenses fuel shall be limited to a maximum of four fuel dispensers (pumps) on the property.

*[x] Reference the Performance Standards for Campgrounds and Recreational Vehicle (RV) Parks identified in Chapter 102, Zoning, Article VIII, Supplementary District Regulations, Division (YTBD - NOTE: The City has not adopted these standards as of the date of adoption of the Division 11 amendments).

*[y] A property that is used for commercial boat building, retrofitting, storage, and/or repair shall be a minimum of two acres in size. This standard applies to any property that initially applies for a permit to perform any of the above activities after February 7, 2023. A property that was used for boat building, retrofitting, storage, and/or repair prior to February 7, 2023, that does not comply with this lot size requirement, may continue, and existing structures that were used for the above activities may expand, provided that any structure expansion complies with structure setback requirements identified in Division 11, and applicable performance standards in Chapter 102.

*[z] A quasi-public or non-municipal use that qualifies as a Minor or Major Site Plan Development shall require review by the Planning Board. Other quasi-public or non-municipal facilities and uses shall require a permit from the CEO.

*[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 Board, in its review, may apply the DEP regulations, as its deems appropriate, to adopt City Permit conditions for the operation.

*[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 eight events per year, and no more than two events in any single month. This use is subject to review by the Planning Board and compliance with specific performance standards in Chapter 102, Zoning, Article VIII, Supplementary District Regulations, Division (YTBD - NOTE: City had not adopted these standards as of the date that the Division 11 standards, as amended, were adopted), Performance Standards for Event Facilities and Outdoor Theaters.

*[cc] A Medical Marijuana facility or operation must comply 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 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 requirements identified in Chapter 102, Zoning, Article VIII, Supplementary District Regulations, Division 9, Solar Energy Systems.

*[ff] A Telecommunications Facility must comply with requirements identified in Chapter 102, Zoning, Article VIII, Supplementary District Regulations, Division 5, Telecommunications Facilities.

*[gg] Power Substations and Generator Facilities shall be subject to review pursuant to Chapter 90, Site Plans, and the performance standards that may apply to a specific zoning district.

*[hh] An application for a Significant Groundwater Well must comply with Ordinance requirements identified in 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, in this Chapter.

*[ii] An application for a Significant Water Intake or a Significant Water Discharge/Outfall Pipe must comply with the Article IX, Performance Standards, Division 2, Environmental Standards, Section 102-1138, Significant water intake or significant water discharge/outfall pipe in this Chapter.

*[jj] If a horse stable or barn is operated as a commercial operation, which is an operation that involves providing care for four or more animals and a fee is charged for services provided, the horse stable or barn must comply with the Chapter 102, Zoning, Article IX, Performance Standards, Division 4, Nonresidential Development Standards that apply to the Searsport Avenue Commercial and Searsport Avenue Waterfront zoning districts.

*[kk] In the Residential 5 zoning district, multi-family housing and flex housing is permitted in the section of the district located on the northerly side of Robbins Road, and is prohibited in the section of the district located on the southerly side of Robbins Road. In addition, density and lot size requirements identified in Chapter 82, Shoreland Zoning may affect the opportunity for certain properties on the northerly side of Robbins Road to construct multi-family housing or flex housing.

*[ll] The Residential 6 zoning district prohibits the construction of a new telecommunication tower. Prior to the adoption of this prohibition in 2000, a telecommunication tower (in 1998) was constructed on a property identified as Map 8, Lot 94. The telecommunication tower has been in continuous use and operation since its installation. Consistent with federal regulations and a recommendation from former City Attorney William Kelly to the Belfast City Council, and as recognized by the City Council in its vote on November 3, 2015 regarding a specific permit request, the City shall allow the installation of additional equipment and operators (collocation) on the existing tower located on Map 8, Lot 94, subject to issuance of a permit from the Code Enforcement Officer. No new towers, however, may be constructed in the Residential 6 zone.

*[mm] The following Article IX, Performance Standards apply to nonresidential uses in the following zoning districts; the Division 3, Nonresidential Development Standards for the Searsport Avenue Commercial and Searsport Avenue Waterfront zoning districts.

*[nn] Reserved in this Division.

*[oo] Bituminous asphalt plants are limited to plants that existed as of February 7, 2023, the date of Council adoption of the Division 11 standards, subject to the operation being in compliance with all Site Plan and/or Use Permit standards adopted by the City.

*[pp] Notwithstanding the standard in Use # 287 that prohibits a fill, loam, sand, and gravel extraction operation from the removal of bedrock material through blasting or any other mechanical means, or the crushing or further processing of such bedrock material, an operation that received a permit from the City prior to April 1, 2022, to conduct activities that involved the removal of bedrock material through blasting or any other mechanical means, and the crushing or processing of such bedrock material, may continue as a nonconforming use of record, provided the operation is in compliance with permit conditions established in City permits.

*[qq] Reserved in this Division.

*[rr] Notwithstanding the prohibition on motor vehicle, snowmobile, utility-terrain vehicle (UTV) and all-terrain vehicle (ATV) and similar repair businesses (Use # 78) in the Residential 5 zoning district, the property identified as Map 18, Lot 9, has been used for auto repair for many years prior to adoption of the Division 11 standards. The existing use shall be considered a legally established nonconforming use and the property may continue to be used for activities identified in Use # 78. Existing structures on the property may be expanded for activities allowed in Use # 78, provided any structure expansion complies with structure setback requirements for the Residential 5 zoning district. The continuation of this legally established nonconforming use of record shall be subject to requirements of Article III, Nonconformance of this Chapter.

*[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 Planning Board review pursuant to Chapter 90, Site Plans.

*[tt] Lumber Yards and Building Supply Stores. The size of a lumber yard and building supply retail store is subject to the following restrictions regarding the total size of the operation on the property in the following respective zoning districts.

1) In the Searsport Avenue Commercial zoning district, there is no specific limitation on the total amount of square feet, either interior sales and storage, or exterior sales and storage, that is used for a lumber yard and building supply retail store, provided the use offers all products identified in the definition for this use (reference Chapter 66, General Provisions) and provided the operations occur in a minimum of three structures, none of which are connected to one another structure.

*[uu] A motor vehicle, snowmobile, utility terrain vehicle (UTV), all-terrain vehicle (ATV) vehicle, and similar repair business shall be allowed to display the following number of vehicles on the property as an accessory use to the repair business in the following respective zoning districts in which this use is a permitted activity:

1) In the Swan Lake Avenue Mixed Use district, a repair business may display a maximum of six vehicles for sale on the property at any point in time.

2) In the Searsport Avenue Commercial district, there is no specific limitation on the maximum number of vehicles that can be displayed.

*[vv] An on-site child care facility (all sizes) is allowed as an accessory use to uses such as but not limited to the following uses: a professional office or health care office; a health care facility or hospital; a nursing home or long-term care facility; a retail store; a shopping center; a hotel/motel; a restaurant; a light industrial/light manufacturing facility; a manufacturing, processing, and/or industrial facility; a commercial boat building facility; a farm; a municipal facility; a quasi-public or non-municipal facility; a school; a community center; a social club; a theater/performing arts center; and a recreational facility. An on-site child care facility may provide services to persons who are or are not employed at the facility.

*[ww] Reserved in this Division.

*[xx] Service Business.

If a service business is a permitted use in a respective zoning district, the maximum size of a structure in which one or more service businesses are located shall be as follows in the following zoning districts:

1) In the Swan Lake Avenue Mixed Use and Searsport Avenue Waterfront zoning districts, the maximum size of a structure in which a service business is located is 20,000 square feet, and there may be more than one such structure on a property.

2) In the Searsport Avenue Commercial zoning district, there is no specific limit on the size of a structure used for one or more service delivery businesses, or the total amount (square footage) of such structures on a property.

Notwithstanding the above requirements, if a service business is located in a building (a shopping center) that is used for multiple uses, and there is a limit on the size of a structure in which such uses are located, this requirement could affect the total amount of space used for a service business(es) that can be developed in that building, and in some cases, on that property. Reference footnote *[o] that establishes certain limits on the maximum size of a building occupied by multiple uses in certain zoning districts.

*[yy] *[yy] The Use Table includes a category of uses entitled: 'Use Specific to Chapter 82, Shoreland'; Uses 340) - 353). The uses in this category are specific uses identified in the State Model Shoreland Regulations, and thus, are included in the Use Table for Chapter 82, Shoreland Zoning. As Belfast's Code of Ordinances incorporates common Use Tables for all zoning districts in Chapter 102, Zoning, Article V, District Regulations, and Chapter 82, Shoreland Zoning, this same category of Shoreland uses is identified in the respective Use Tables that apply to Chapter 102, Zoning.

Sec. 102-516 Introduction to Dimensional Standards and Dimensional Standards Table.

[Added 2-7-2023(5)]

The Dimensional Standards Table in this Division, reference Section 102-518, identifies dimensional standards that apply to the following zoning districts for the Eastside districts as such are shown on the Official City Zoning Map: Searsport Avenue Commercial (SAC), Searsport Avenue Waterfront (SAW), Residential-5 (Res-5), Residential-6 (Res-6), and Swan Lake Avenue Mixed Use (SLA-MU). Section 102-519 identifies Footnotes to the Dimensional Standards Table. The Footnotes identify additional requirements that apply to certain dimensional standards identified in the Dimensional Standards Table, and are more fully described in Section 102-519. Footnotes are identified in the Dimensional Standards Table by the following designation: *[upper case letter].

Sec. 102-517 Standards that apply to Dimensional requirements in the Outside Rural area.

[Added 2-7-2023(5)]

(a) Applicability of dimensional standards. Any property or structure established on or after the Council adopted this Division on February 7, 2023 in the Searsport Avenue Commercial, Searsport Avenue Waterfront, Residential-5, Residential-6, or Swan Lake Avenue Mixed Use zoning districts shall comply with all applicable dimensional and density standards in this Division.

(b) Nonconformance with dimensional standards.

(1) Nonconforming lot of record. A lot that was created prior to February 7, 2023 (date of adoption of Division 11) in the Searsport Avenue Commercial, Searsport Avenue Waterfront, Residential-5, Residential-6, or Swan Lake Avenue Mixed Use zoning districts that does not comply with the minimum lot size or minimum lot frontage requirements identified in Section 102-518, the Dimensional Standards Table, shall be considered a legally established nonconforming lot of record, and shall be considered a developable lot, subject to compliance with standards in this Division, the Article III, Nonconformance provisions in this Chapter, other applicable standards in the Code of Ordinances, and if the property uses a subsurface wastewater disposal system for managing wastewater, is able to obtain a subsurface wastewater disposal system permit.

(2) Nonconformance with structure setbacks, lot coverage, or structure height requirements. A structure(s) that was legally constructed prior to February 7, 2023 (date of adoption of Division 11), in the Searsport Avenue Commercial, Searsport Avenue Waterfront, Residential-5, Residential-6, or Swan Lake Avenue Mixed Use zoning districts that does not comply with any of the following Section 102-518 (Dimensional Standards Table) requirements shall be considered a legally established nonconforming structure of record: one or more minimum structure setbacks, maximum lot coverage, or maximum structure height. A legally established nonconforming structure of record may remain and may be expanded, subject to compliance with standards in this Division, the Article III, Nonconformance provisions in this Chapter, and applicable standards in the Code of Ordinances.

(3) Nonconformance with density standards. A property that was developed prior to February 7, 2023 (date of adoption of Division 11) in the Searsport Avenue Commercial, Searsport Avenue Waterfront, Residential-5, Residential-6, or Swan Lake Avenue Mixed Use zoning districts that does not comply with density standards identified in Section 102-518, the Dimensional Standards Table, shall be considered a legally established nonconforming use of record with respect to density standards. Such a use may continue and may expand, subject to compliance with the standards in this Division, the Article III, Nonconformance provisions in this Chapter, and applicable standards in the Code of Ordinances.

(c) Multiple uses on single property.

(1) If there are one or more types of residential uses on a lot (property), the total size (area) of the lot must be no less than the amount of area needed to satisfy the respective minimum lot size requirement in Section 102-518, the Dimensional Standards Table, and if applicable, minimum Chapter 82, Shoreland requirements, for each of the respective residential uses on the lot. Further, the amount of residential use (density) on the lot must comply with residential density standards identified in Section 102-518. The total amount of lot frontage, however, only needs to satisfy the minimum amount of lot frontage required in Section 102-518 for the most intensive use on the property.

(2) If there is a residential use and a nonresidential use (note: home occupations are considered a residential use) located on the same lot (property), the size of the lot must satisfy the combined minimum lot size requirement in Section 102-518, the Dimensional Standards Table, for the respective residential use and the respective nonresidential use. The total amount of lot frontage, however, only needs to satisfy the minimum amount of lot frontage required in Section 102-518 for the most intensive use on the property.

(d) Determination of property lines and structure setbacks. The applicant or property owner shall be responsible for verifying the dimensions of the property and that all required structure setbacks are met. All structure setbacks shall be measured from the respective property lines. The applicant, property owner, Code Enforcement Officer, or Planning Board may use a property survey, property deed, a Maine Department of Transportation or City road layout or right-of-way, or similar information to assist in determining the location of property lines and the required minimum amount of structure setback. The Code Enforcement Officer or Planning Board shall have the authority to require an applicant or property owner to provide a survey to identify property lines and structure setback requirements if either deems that a survey is necessary to verify the applicant's or owner's representations and that City Ordinance standards are met.

Sec. 102-518 Dimensional Standards Table.

[Added 2-7-2023 by (5)]

Division 11, Eastside Zoning Districts Dimensional Table
Dimensional Standard	Searsport Avenue Commercial	Searsport Avenue Waterfront	Swan Lake Avenue Mixed Use	Residential-5	Residential 6
1) Minimum Lot Size
1.1) MINIMUM LOT SIZE FOR LOT CONNECTED TO PUBLIC SEWER
a. Minimum Lot Size, Single Family Residential, Public Sewer.	14,520 sf (0.33 Acre)	14,520 sf (0.33 Acre)	14,520 sf (0.33 Acre)	10,000 sf	21,780 sf (0.5 Acre)
b. Minimum Lot Size, Single Family Residential, Back Lot, Public Sewer.	12,500 sf	12,500 sf	12,500 sf	10,000 sf	21,780 sf (0.5 Acre)
c. Minimum Lot Size, Single-Family Residential with Detached Accessory Dwelling Unit, Public Sewer. Reference Footnote *[F] for Additional Standards.	14,520 sf (0.33 Acre) *[F]	14,520 sf (0.33 Acre) *[F]	14,520 sf (0.33 Acre) *[F]	10,000 sf (20,000 sf if in Urban Residential Shoreland Zone) *[F]	21,780 sf (0.5 Acre) *[F]
d. Minimum Lot Size, Single-Family Residential with Detached Accessory Dwelling unit, Back Lot, Public Sewer. Reference Footnote *[F] for Additional Standards.	12,500 sf *[F]	12,500 sf *[F]	12,500 sf *[F]	10,000 sf (20,000 sf if in Urban Residential Shoreland Zone) *[F]	21,780 sf (0.5 Acre) *[F]
e. Minimum Lot Size, Two Family Residential, Public Sewer.	14,520 sf (0.33 Acre)	14,520 sf (0.33 Acre)	14,520 sf (0.33 Acre)	10,000 sf (20,000 sf if in Urban Residential Shoreland Zone)	21,780 sf (0.5 Acre)
f. Minimum Lot Size, Two Family Residential, Back Lot, Public Sewer.	14,520 sf (0.33 Acre)	14,520 sf (0.33 Acre)	14,520 sf (0.33 Acre)	10,000 sf (20,000 sf if in Urban Residential Shoreland Zone)	21,780 sf (0.5 Acre)
g. Minimum Lot Size, Multi-Family Residential, Public Sewer. Standard for backlot is the same as a lot with road frontage. Reference Footnote *[G] for Additional Standards.	21,780 Net sf (0.5 Net Acre). Lot size increases based on number of dwelling units; reference Density Standards in this Table. Also reference Footnote *[G]	21,780 Net sf (0.5 Net Acre). Lot size increases based on number of dwelling units; reference Density Standards in this Table. Also reference Footnote *[G]	21,780 Net sf (0.5 Net Acre). Lot size increases based on number of dwelling units; reference Density Standards in this Table. Also reference Footnotes *[A] and *[G]	Multi-family based on Flex Housing standard in this Table; Tri-plex and Four-Plex only for Multi-family Structure. Prohibited in Shoreland Zone. Also reference Footnote *[G]	Prohibited Use
h. Dwelling, Flex Housing Public Sewer The minimum lot size standard for a backlot is the same as a lot with road frontage. Reference Footnote *[G] for Additional Standards.	21,780 Net sf (0.5 Net Acre) with requirements to increase lot size based on number of dwelling structures and dwelling units. A maximum of 4 dwelling units allowed in a single structure using Flex Housing. Reference Density standard *[J] in this Table. Also see *[G]	21,780 Net sf (0.5 Net Acre) with requirements to increase lot size based on number of dwelling structures and dwelling units. A maximum of 4 dwelling units allowed in a single structure using Flex Housing. Reference Density standard *[J] in this Table. Also see *[G]	21,780 Net sf (0.5 Net Acre) with requirements to increase lot size based on number of dwelling structures and dwelling units. A maximum of 4 dwelling units allowed in a single structure using Flex Housing. Reference Density standard *[J] in this Table. Also see *[G]	20,000 Net sf (0.459 Net Acre) with requirements to increase lot size based on number of dwelling structures and dwelling units. A maximum of 4 dwelling units allowed in a single structure using Flex Housing. Reference Density standard *[J] in this Table. Flex Housing is only permitted on the northerly side of Robbins Road. Also see *[G]	Prohibited Use
i. Minimum Lot Size, Non-Residential, Public Sewer. Reference Footnote *[I] for Standards regarding Nonconformities.	43,560 Net sf [1 Net Acre). Reference Footnote *[E] for performance standards that require lot size and lot frontage increases based on amount of traffic. See Footnote *[I] regarding nonconformities	43,560 Net sf [1 Net Acre). Reference Footnote *[E] for performance standards that require lot size and lot frontage increases based on amount of traffic. See Footnote *[I] regarding nonconformities	43,560 Net sf (1 Net Acre). Reference Footnote *[A] for amount of lot size increase based on amount of traffic. See Footnote *[I] regarding nonconformities	43,560 Net sf (1 Net Acre). Reference Footnote *[I] regarding nonconformities	43,560 Net sf (1 Net Acre). Reference Footnote *[I] regarding nonconformities
1.2) MINIMUM LOT SIZE FOR LOT THAT USES A SUBSURFACE WASTEWATER DISPOSAL SYSTEM.
a. Minimum Lot Size, Single Family Residential, Subsurface System	21,780 sf (0.5 Acre)	21,780 sf (0.5 Acre)	43,560 sf (1 Acre)	21,780 sf (0.5 Acre)	43,560 sf (1 Acre)
b. Minimum Lot Size, Single Family Residential, Back Lot, Subsurface System	21,780 sf (0.5 Acre)	21,780 sf (0.5 Acre)	32,670 sf (0.75 Acre)	21,780 sf (0.5 Acre)	43,560 sf (1 Acre)
c. Minimum Lot Size, Single-Family Residential with Detached Accessory Dwelling Unit, Subsurface System Reference Footnote *[F] for Additional Standards.	21,780 sf (0.5 Acre) *[F]	21,780 sf (0.5 Acre) *[F]	43,560 sf (1 Acre) *[F]	21,780 sf (0.5 Acre) *[F]	43,560 sf (1 Acre) *[F]
d. Minimum Lot Size, Single-Family Residential with Detached Accessory Dwelling Unit, Back Lot, Subsurface System. Reference Footnote *[F] for additional Standards.	21,780 sf (0.5 Acre) *[F]	21,780 sf (0.5 Acre) *[F]	32,670 sf (0.5 Acre) *[F]	21,780 sf (0.75 Acre) *[F]	43,560 sf (1 Acre) *[F]
e. Minimum Lot Size, Two-Family Residential, Subsurface System	21,780 sf (0.5 Acre)	21,780 sf (0.5 Acre)	43,560 sf (1 Acre)	21,780 sf (0.5 Acre)	43,560 sf (1 Acre)
f. Minimum Lot Size, Two-Family Residential, Back Lot, Subsurface System	21,780 sf (0.5 Acre)	21,780 sf (0.5 Acre)	32,670 sf (0.75 Acre)	21,780 sf (0.5 Acre)	43,560 sf (1 Acre)
g. Minimum Lot Size, Multi-Family Residential, Subsurface System. Minimum lot size for a backlot is the same as a lot with road frontage	43,560 NET sf (1 Net Acre). Lot size increases based on number of dwelling units: reference Density Standards in this Table. Also see Footnote *[G]	43,560 NET sf (1 Net Acre). Lot size increases based on number of dwelling units: reference Density Standards in this Table. Also see Footnote *[G]	43,560 NET sf (1 Net Acre). Lot size increases based on number of dwelling units: reference Density Standards in this Table. Also see Footnote *[G]	Prohibited Use	Prohibited Use
h. Residential, Flex Housing Subsurface System. Minimum lot size standard for a backlot is the same as a lot with road frontage. Reference Footnote *[G] for additional Standards	43,560 NET sf (1 Net Acre) with increases in lot size based on number of dwelling structures and dwelling units. A maximum of 4 dwelling units allowed in a single structure using Flex Housing. Reference Density standard *[K] in this Table. Also see Footnote *[G]	43,560 NET sf (1 Net Acre) with increases in lot size based on number of dwelling structures and dwelling units. A maximum of 4 dwelling units allowed in a single structure using Flex Housing. Reference Density standard *[K] in this Table. Also see Footnote *[G]	43,560 NET sf (1 Net Acre) with increases in lot size based on number of dwelling structures and dwelling units. A maximum of 4 dwelling units allowed in a single structure using Flex Housing. Reference Density standard *[K] in this Table. Also see Footnote *[G]	Prohibited Use	Prohibited Use
i. Minimum Lot Size, Non-Residential, Subsurface System. Reference Footnote *[I] for Additional Standards	43,560 Net sf [1 Net Acre). Reference Footnote *[E] for performance standards that require lot size and lot frontage increases based on amount of traffic. See Footnote *[I] regarding nonconformities	43,560 Net sf [1 Net Acre). Reference Footnote *[E] for performance standards that require lot size and lot frontage increases based on amount of traffic. See Footnote *[I] regarding nonconformities	43,560 Net sf (1 Net Acre). Reference Footnote *[A] for amount of Lot Size increase based on amount of traffic. See Footnote *[I] regarding nonconformities	43,560 Net sf (1 Net Acre) See Footnote *[I] regarding nonconformities	43,560 Net sf (1 Net Acre) See Footnote *[I] regarding nonconformities.
2) MINIMUM STREET (LOT) FRONTAGE FOR A LOT
a. Minimum Street Frontage - Residential	150 Lineal ft	150 Lineal ft	150 Lineal ft	100 Lineal ft	100 Lineal ft
b. Minimum Street Frontage - Non-Residential	150 Lineal ft Footnote *[E] references standards that require lot frontage increases based on amount of traffic	150 Lineal ft Footnote *[E] references standards that require lot frontage increases based on amount of traffic	150 Lineal ft See *[A] regarding lot frontage increases based on amount of traffic	150 Lineal ft	150 Lineal ft
c. Minimum Width Lot - Back Lot - Residential	125 Lineal ft	125 Lineal ft	125 Lineal ft	100 Lineal ft	100 Lineal ft
d. Minimum Width Lot - Back Lot - Non-Residential	150 Lineal ft	150 Lineal ft	150 Lineal ft	150 Lineal ft	150 Lineal ft
3) MINIMUM FRONT SETBACK FOR A STRUCTURE
a. Front Setback, Structure- Residential (Primary Structure)	30 Feet	30 Feet	30 ft	Footnote *[B]. Reference Setback Map for Res 5 Zone	30 ft
b. Front Setback, Structure- Residential (Accessory Structure)	30 Feet	30 Feet	30 ft	Footnote *[B]. Reference Setback Map for Res-5 District	30 ft
c. Front Setback, Structure - Nonresidential (Primary Structure)	Reference Footnote *[H] for specific setback requirements based on structure size	Reference Footnote *[H] for specific setback requirements based on structure size	40 ft *[C]	30 ft or greater. *[B]. Reference Setback Map for Res-5 Zone	30 ft
d. Front Setback, Structure - Nonresidential (Accessory Structure)	Reference Footnote *[H] for specific setback requirements based on structure size	Reference Footnote *[H] for specific setback requirements based on structure size	40 ft *[C]	30 ft or greater. *[B]. Reference Setback Map for Res-5 Zone	30 ft
4) MINIMUM SIDE SETBACK FOR A STRUCTURE
a. Side Setback - Residential - Primary Structure	15 ft, except that multi-family is 25 ft	15 ft, except that multi-family is 25 ft	15 ft, except that multifamily is 25 ft	15 ft	15 ft
b. Side Setback - Residential - Accessory Structure	15 ft, except that multi-family is 25 ft	15 ft, except that multi-family is 25 ft	15 ft, except that multi-family is 25 ft	15 ft	15 ft
c. Side Setback- Non-Residential - Primary Structure	Reference Footnote *[H] for specific setback requirements based on structure size	Reference Footnote *[H] for specific setback requirements based on structure size	25 ft *[C]	25 ft *[C]	25 ft *[C]
d. Side Setback- Non-Residential - Accessory Structure	Reference Footnote *[H] for specific setback requirements based on structure size	Reference Footnote *[H] for specific setback requirements based on structure size	25 ft *[C]	25 ft *[C]	25 ft *[C]
5) MINIMUM REAR SETBACK FOR A STRUCTURE
a. Rear Setback - Residential - Primary Structure	15 ft, except that multi-family is 25 ft	15 ft, except that multi-family is 25 ft	15 ft, except that multi-family is 25 ft	15 ft	15 ft
b. Rear Setback - Residential - Accessory Structure	15 ft, except that multi-family is 25 ft	15 ft, except that multi-family is 25 ft	15 ft, except that multi-family is 25 ft	15 ft	15 ft
c. Rear Setback - Nonresidential - Primary Structure	Reference Footnote *[H] for specific setback requirements based on structure size	Reference Footnote *[H] for specific setback requirements based on structure size	15 ft	15 ft	15 ft
d. Rear Setback - Nonresidential - Accessory Structure	Reference Footnote *[H] for specific setback requirements based on structure size	Reference Footnote *[H] for specific setback requirements based on structure size	15 ft	15 ft	15 ft
6) DENSITY STANDARD (Number of Dwelling Units Per Size of Lot)
6.1 DENSITY STANDARD FOR DWELLING UNITS CONNECTED TO PUBLIC SEWER
a. Single Family Residential (Public Sewer)	1 Unit Per 14,520 sf or 1 Unit Per 12,500 sf for a Back Lot	1 Unit Per 14,520 sf or 1 Unit Per 12,500 sf for a Back Lot	1 Unit Per 14,520 sf or 1 Unit Per 12,500 sf for a Back Lot	1 Unit Per 10,000 sf. Same for a Back Lot	1 Unit Per 21,780 sf (0.5 acre). Same for a Back Lot.
b. Single Family Residential with a Detached Accessory Dwelling Unit (Public Sewer). Reference Footnote *[F] for Additional Standards	1 Primary and 1 Detached Accessory Unit Per 14,520 sf or 1 Primary and 1 Detached Unit per 12,500 sf for Back Lots. *[F]	1 Primary and 1 Detached Accessory Unit Per 14,520 sf or 1 Primary and 1 Detached Unit per 12,500 sf for Back Lots. *[F]	1 Primary and 1 Detached Accessory Unit Per 14,520 sf or 1 Primary and 1 Detached Unit per 12,500 sf for Back Lots. *[F]	1 Primary Unit and 1 Detached Accessory Unit Per 10,000 sf (20,000 sf if in Urban Residential Shoreland District). Same for a Back Lot. *[F]	1 Primary and 1 Detached Accessory Unit Per 21,780 sf. Same standard for a Back Lot. *[F]
c. Two-Family Residential, Public Sewer	2 Units in 1 structure Per 14,520 sf or 2 Units in 1 Structure Per 12,500 sf for a Back Lot	2 Units in 1 structure Per 14,520 sf or 2 Units in 1 Structure Per 12,500 sf for a Back Lot	2 Units in 1 structure Per 14,520 sf or 2 Units in 1 Structure Per 12,500 sf for a Back Lot	1 Duplex Structure per 10,000 sf (20,000 sf if in Urban Residential Shoreland District). Same for a Back Lot	1 Duplex Structure per 21,780 sf. Same standard for a Back Lot.
d. Multi-Family Residential, Public Sewer. The Density Standard for Multi-Family Housing on a Back Lot is calculated the same as for a lot that has Street Frontage. Reference Footnote *[G] for additional standards	6 Units Per Initial 21,780 Net sf (0.5 Net Acre) and 1,500 Net sf for each additional unit. Reference *[G] for additional standards	6 Units Per Initial 21,780 Net sf (0.5 Net Acre) and 1,500 Net sf for each additional unit. Reference *[G] for additional standards	4 Units Per Initial 21,780 NET sf (0.5 Net Acres) and 2,500 Net sf for each additional unit. *[D] and *[G]	Prohibited Use if in Urban Residential Shoreland Zone. Reference Flex Housing Standard for Density. Maximum of 4 dwelling units in a single structure. *[G]	Prohibited Use
e. Residential, Flex Housing - Public Sewer. Reference Footnote *[G] for additional standards	See Footnote *[J] for density standard. See Footnote *[G] for additional standards	See Footnote *[J] for density standard. See Footnote *[G] for additional standards	See Footnote *[J] for density standard. See Footnote *[G] for additional standards	See Footnote *[J] for density standard. Also see Footnote *[G]. Prohibited Use in Urban Residential Shoreland District	Prohibited Use
6.2 DENSITY STANDARD FOR DWELLING UNITS THAT USE A SUBSURFACE WASTEWATER DISPOSAL SYSTEM.
a. Single Family Residential (Subsurface System)	1 Primary and 1 Detached Accessory Unit Per 21,780 sf (0.5 Acre). There is no change in the density standard for a Back Lot	1 Primary and 1 Detached Accessory Unit Per 21,780 sf (0.5 Acre). There is no change in the density standard for a Back Lot	1 Unit Per 43,560 sf (1 Acre). Back Lot is calculated at a Density Standard of 1 Unit Per 32,670 sf (0.75 Acre)	1 Unit Per 21,780 sf (0.5 Acre). There is no change in the Density Standard for a Back Lot	1 Unit Per 43,560 sf (1 Acre). There is no change in the Density Standard for a Back Lot.
b. Single Family Residential with a Detached Accessory Dwelling Unit, (Subsurface System). Reference Footnote *[F] for additional standards	1 Primary and 1 Detached Accessory Unit Per 21,780 sf (0.5 Acre). There is no change in the density standard for a Back Lot. *[F]	1 Primary and 1 Detached Accessory Unit Per 21,780 sf (0.5 Acre). There is no change in the density standard for a Back Lot. *[F]	1 Primary and 1 Detached Accessory Unit Per 43,560 sf (1 Acre). The Density standard for a Back Lot is calculated at 1 Primary Structure and 1 Detached Accessory Structure Per 32,670 sf (0.75 acre). *[F]	1 Primary Unit and 1 Detached Accessory Unit Per 21,780 sf (0.5 Acre). There is no change in the Density Standard for a Back Lot. *[F]	1 Primary and 1 Detached Accessory Unit Per 43,560 sf (1 Acre). There is no change for a Back Lot. *[F]
c. Two-Family Residential, Subsurface System	1 Primary and 1 Detached Accessory Unit Per 21,780 sf (0.5 Acre). There is no change in the density standard for a Back Lot	1 Primary and 1 Detached Accessory Unit Per 21,780 sf (0.5 Acre). There is no change in the density standard for a Back Lot	1 Duplex Structure Per 43,560 sf (1 Acre). The density standard for a back lot is calculated at 1 duplex structure per 32,670 sf (0.75 acre)	1 Duplex Structure Per 21,780 sf (0.5 Acre). There is no change in the density standard for a back lot	1 Duplex Structure Per 43,560 sf (1 Acre). There is no change in the density standard for a back lot.
d. Multi-Family Residential, Subsurface System. Reference Footnote *[G] for additional standards	43,560 Net sf (1 Net Acre) for the initial 4 units and 10,890 Net sf for each additional dwelling unit. See *[G] for additional standards	43,560 Net sf (1 Net Acre) for the initial 4 units and 10,890 Net sf for each additional dwelling unit. See *[G] for additional standards	4 multi-family dwelling units for initial 1 Net Acre (43,560 Net sf), and 7,260 Net sf for each additional multi-family dwelling unit. Also see *[D] and *[G]	Prohibited Use	Prohibited Use
e. Residential, Flex Housing, Subsurface System Reference Footnote *[G] for additional standards	See Footnote *[K] for Density Standard. See Footnote *[G] for additional standards	See Footnote *[K] for Density Standard. See Footnote *[G] for additional standards	See Footnote *[K] for Density Standard. See Footnote *[G] for additional standards	Prohibited Use	Prohibited Use
7) MAXIMUM LOT COVERAGE
a. Maximum Lot Coverage (Impervious Surface Ratio) - Residential: Single Family, Two-Family and Single Family with Detached Accessory Dwelling Units	50% if lot is less than 10,890 sf, and 35% for all lots 10,891 sf or larger. See *[L] if existing development that does not conform to lot coverage	50% if lot is less than 10,890 sf, and 35% for all lots 10,891 sf or larger. See *[L] if existing development that does not conform to lot coverage	50% if lot is less than 10,890 sf, and 35% for all lots 10,891 sf or larger. See *[L] if existing development that does not conform to lot coverage	50% if lot is less than 10,890 sf, and 35% for all lots 10,891 sf or larger. See *[L] if existing development that does not conform to lot coverage	50% if lot is less than 10,890 sf, and 35% for all lots 10,891 sf or larger. See *[L] if existing development that does not conform to lot coverage.
b. Maximum Lot Coverage (Impervious Surface Ratio) - Residential: Multi-Family Housing and Flex Housing	60%. See *[L] if existing development does not conform to lot coverage	60%. See *[L] if existing development does not conform to lot coverage	50%. See *[L] if existing development does not conform to lot coverage	50%. See *[L] if existing development does not conform to lot coverage	50%. See *[L] if existing development does not conform to lot coverage.
c. Maximum Lot Coverage (Impervious Surface Ratio) - Nonresidential	65%. See *[L] if existing development does not conform to lot coverage	65%. See *[L] if existing development does not conform to lot coverage	50%. See *[L] if existing development does not conform to lot coverage	50%. See *[L] if existing development does not conform to lot coverage	50%. See *[L] if existing development does not conform to lot coverage.
8) MAXIMUM STRUCTURE HEIGHT
a. Maximum Height, Residential - (Non-Shoreland Area)	38 Feet, however, 45 feet for multi-family housing	38 Feet (If applicable, reference height restrictions in Chapter 82, Shoreland)	38 Feet (If applicable, reference height restrictions in Chapter 82, Shoreland)	38 ft	38 ft
b. Maximum Height, Nonresidential - Non-Shoreland Areas	45 Feet	38 Feet (If applicable, reference height restrictions in Chapter 82, Shoreland)	38 Feet (If applicable, reference height restrictions in Chapter 82, Shoreland)	38 ft	38 ft

Sec. 102-519 Footnotes to the Dimensional Standards Table.

[Added 2-7-2023 by (5)]

The Footnotes in Section 102-519 shall apply to the Dimensional Standards Table for the Eastside zoning districts; reference Section 102-518, Dimensional Standards Table. The Footnotes identify specific provisions that apply to certain dimensional requirements identified in the Dimensional Standards Table. The Footnotes appear next to the information that is the subject of the Footnote, and are shown in the Dimensional Standards Table as follows: *[upper case letter].

*[A] For Division 11, Eastside Districts, Footnote *[A] applies to the Swan Lake Avenue Mixed Use zoning district.

If a property is proposed for development for a multi-family, flex housing, or non-residential use, the minimum amount of lot size and lot frontage, if the lot has frontage on a road, identified for the a respective zoning district, shall increase in accordance with the following table based on the amount of traffic generated by the use on the property:

A.1	50 or less Vehicle Trips Per Peak Hour (VTPPH). Minimum lot size and lot frontage identified in the Dimensional Table
A.2	More than 51 VTPPH, but less than 100 VTPPH. Property must satisfy the minimum lot size, and, the amount of lot frontage must increase by 15% more than the minimum amount of lot frontage identified in the Dimensional Table.
A.3	More than 100 VTPPH, but less than 200 VTPPH. Size of property must be 25% greater than the minimum lot size, and the amount of lot frontage must increase by 25% more than the minimum amount of lot frontage identified in the Dimensional Table.
A.4	More than 200 VTPPH, but less than 300 VTPH. Size of property must be 50% greater than the minimum lot size, and the amount of lot frontage must increase by 50% more than the amount of lot frontage identified in the Dimensional Table.
A.5	More than 300 VTPPH. Size of property and amount of lot frontage must be 100% greater than the minimum lot size and minimum lot frontage identified in the Dimensional Table.

*[B] The amount of front setback for structures in the Residential 5 zoning district shall comply with the setback standards identified in the map entitled "Residential 5 Zoning District, Front Setback Map," that is included in Section 102-518, Dimensional Standards Table, Subsections 3a - 3d.[1]

[1] Editor's Note: The Residential 5 Zoning District, Front Setback Map, is included as an attachment to this chapter.

*[C] For Division 11, Eastside Districts, Footnote *[C] applies to the Swan Lake Avenue Mixed Use zoning district

The amount of structure setback identified in the Dimensional Standards Table shall apply to structures constructed after February 7, 2023 (date of adoption of Division 11, Eastside District amendments). Structures constructed prior to February 7, 2023 (date of adoption of Division 11, Eastside District amendments) shall, at a minimum, comply with the following standards: front setback - 30 feet, side setback - 15 feet, and rear setback - 15 feet.

*[D] The limit on the maximum number of dwelling units that can be constructed in a single multi-family housing structure in the Swan Lake Avenue Mixed Use zoning district zoning is 30, and the maximum number of bedrooms in a structure is 60, regardless if a property is connected to public sewer or uses a subsurface system to manage wastewater.

*[E] For Division 11, Eastside Districts, Footnote *[E] applies to the Searsport Avenue Commercial and Searsport Avenue Waterfront zoning districts.

Lot Size and Lot Frontage Requirements. The minimum size of a lot and the minimum amount of road frontage for a property that is used for a nonresidential use in the Searsport Avenue Commercial or Searsport Avenue Waterfront zoning districts must comply with the applicable Nonresidential Development Standards identified in Chapter 102, Zoning, Article IX, Performance Standards, Division 4, Nonresidential Development Standards, Section 102-1242, Minimum lot size and lot frontage requirements.

*[F] A property that is proposed to be developed as a single family residence with a detached accessory dwelling unit must comply with the Chapter 102, Zoning, Article IX, Performance Standards, Division 6, Supplemental Performance Standards for an Accessory Dwelling Unit in a Detached Structure.

*[G] A property that is proposed to be developed as a multi-family dwelling structure or a flex housing project must comply with the Chapter 102, Zoning, Article IX, Performance Standards, Division 7, Multi-family housing and Flex Housing. Said standards shall apply to any structure in a flex housing project, even if the respective structure(s) has less than three units.

*[H] 

For Division 11, Eastside Districts, Footnote *[H] identifies the structure setback requirements for a nonresidential structure in the Searsport Avenue Commercial and Searsport Avenue Waterfront zoning districts.

A nonresidential structure located in the Searsport Avenue Commercial or Searsport Avenue Waterfront zoning districts shall comply with the following standards identified in Chapter 102, Zoning, Article IX, Performance Standards, Division 4, Nonresidential Development Standards:

1. Section 102-1243. Minimum requirements for nonresidential structures - front setback;

2. Section 102-1244. Minimum requirements for nonresidential structures - side setback; and

3. Section 102-1245. Minimum requirements for nonresidential structures - rear setback.

*[I] A property that is proposed to be developed for a nonresidential use after February 7, 2023 (date of adoption of Division 11, Eastside amendments) must satisfy the minimum lot size and minimum lot frontage requirement specified in the Dimensional Standards Table. A property that was developed for a nonresidential use on or before February 7, 2023 (date of adoption of Division 11, Eastside amendments) that does not satisfy either or both the minimum lot size and minimum lot frontage requirement for the respective zoning district shall be considered a legally established use that is located on a nonconforming lot of record.

*[J] Dwelling, Flex housing, Searsport Avenue Commercial, Searsport Avenue Waterfront, Swan Lake Avenue Mixed Use, and Residential 5 (Northerly side of Robbins Road only), zoning districts, if the property is connected to public sewer.

Flex Housing is an approach that is designed to allow an individual property owner flexibility in the maximum number of dwelling units, type of dwelling units, and number of dwelling structures that can be constructed on a property. The density standard for Flex Housing is based on the size (area) of the lot (as calculated using 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. The maximum number of dwelling units that can be constructed in any one structure is four (4), and the density standard shall be the same for a lot that has frontage on a road and for a back-lot, and shall be based on the standard for a lot that has road frontage.

In all cases, a Flex Housing project that involves the construction of three or more dwelling units shall require review by the Planning Board pursuant to Chapter 90, Site Plans, and in some cases, a Flex Housing project that involves the construction of two new dwelling units on a property shall require Planning Board review pursuant to Chapter 90, Site Plans; reference Chapter 90, Site Plans, Article V, Board Review of a Multi-Family Housing or Flex Housing Project. Also, if the amount of proposed development involves the construction of nine or more dwelling units and/or six or more dwelling structures, the Flex Housing project shall be subject to review pursuant to the requirements of both Chapter 90, Site Plans, and Chapter 102, Zoning, Article VI, Planned Unit Development (PUD). The provisions in Article VI, Planned Unit Development, Division 1, Residential Planned Unit Development, shall apply even if the size of the property may be less than the minimum standards for a PUD identified in this Division. 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.

The following Table identifies the density standards that shall apply to the Searsport Avenue Commercial, Searsport Avenue Waterfront, Swan Lake Avenue Mixed Use, and Residential 5 (Northerly side of Robbins Road Only) zoning districts for the Flex Housing approach if the property is connected to public sewer.

Minimum Size of Property	Maximum # of Dwelling Units	Maximum # of Dwelling Structures
21,780 sf (0.5 Net Acre)	4	3
32,670 sf (0.75 Net Acre)	6	4
43,560 sf (1 Net Acre)	8	5
54,450 sf (1.25 Net Acre)	10	6
65,340 sf (1.5 Net Acre)	12	7

If a proposed Flex Housing project involves the development of a property that is greater than 1.5 Net Acres in size, and the development of 13 or more dwelling units and/or eight or more dwelling structures, the formula for calculating such additional development shall be based on a ratio of two additional dwelling units and one additional dwelling structure for each increment of 0.25 Net acres. In no case, however, may a single structure have more than four dwelling units.

*[K] Residential, Flex housing, Searsport Avenue Commercial, Searsport Avenue Waterfront, and Swan Lake Avenue zoning districts, if property uses a subsurface system to manage wastewater.

Flex Housing is an approach that is designed to allow an individual property owner flexibility in the maximum number of dwelling units, type of dwelling units, and number of dwelling structures that can be constructed on a property. The density standard for Flex Housing is based on the size (area) of the lot (as calculated using 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. The maximum number of dwelling units that can be constructed in any one structure is four (4), and the density standard shall be the same for a lot that has frontage on a road and for a back-lot, and shall be based on the standard for a lot that has road frontage.

In all cases, a Flex Housing project that involves the construction of three or more dwelling units shall require review by the Planning Board pursuant to Chapter 90, Site Plans, and in some cases, a Flex Housing project that involves the construction of two new dwelling units on a property shall require Planning Board review pursuant to Chapter 90, Site Plans; reference Chapter 90, Site Plans, Article V, Board Review of a Multi-Family Housing or Flex Housing Project. Also, if the amount of development proposed involves the development of nine or more dwelling units and/or six or more dwelling structures, the project shall be subject to review pursuant to the requirements of both Chapter 90, Site Plans, and Chapter 102, Zoning, Article VI, Planned Unit Development. The provisions in Article VI, Planned Unit Development, Division 1, Residential Planned Unit Development (PUD) shall apply, even if the size of the property may be less than the minimum lot size standard for a PUD identified in Division 1. 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.

The following Table identifies the density standards that shall apply to the Searsport Avenue Commercial, Searsport Avenue Waterfront, and Swan Lake Avenue Mixed Use zoning districts for the Flex Housing approach if the property uses a subsurface system to manage wastewater disposal.

Minimum Size of Property	Maximum # of Dwelling Units	Maximum # of Dwelling Structures
43,560 sf (1 Net Acre)	4	3
65,340 sf (1.5 Net Acre)	6	4
87,120 sf (2 Net Acre)	8	5
109,900 sf (2.5 Net Acre)	10	6
130,680 sf (3 Net Acre)	12	7

If a proposed Flex Housing project involves the development of a property that is greater than three Net Acres in Size, and the development of 13 or more dwelling units, in eight or more dwelling structures, the formula for calculating such additional development shall be based on a ratio of two additional dwelling units and one additional dwelling structure for each increment of 0.5 Net acres. In no case, however, shall a single structure have more than four dwelling units.

*[L] A property that is nonconforming with respect to the amount of lot coverage identified in the Dimensional Standards Table for a respective zoning district may qualify for an increase in the maximum amount of lot coverage allowed; reference Chapter 102, Zoning, Article III, Nonconformance, Type 7 Nonconformity, Amount of Lot Coverage. The effective date of the Division 11, Eastside District amendments adopted by the Council, February 7, 2023, shall be the date used to determine if a property conforms to maximum lot coverage requirements.