[1]
Editor's Note: Former Division 9, adopted 3-4-1997 by Ord. No. 28-1997, as amended 6-17-1997 by Ord. No. 59-1997, and 7-6-1999 by Ord. No. 1-1999, which contained provisions for the Highway Commercial District, was repealed 12-18-2001 by Ord. No. 26-2001. Division 9, Inside the Bypass Districts, adopted 1-15-2019, supersedes amendments previously adopted as Article V, District Regulations, Division 30, Table of Uses, and Division 31, Dimensional Standards, including but not limited to those adopted 10-7-2014; 10-21-2014; 12-5-2017; 12-18-2018.
[Added 2-7-2023(13)]
The Inside the Bypass area, Division 9 in Article V, District Regulations, includes six zoning districts: Residential 1, Residential 2, Residential 3, Downtown Commercial, Waterfront Mixed Use 1, and Waterfront Mixed Use 2. The zoning standards for the above districts, prior to Council adoption of Division 9 on January 15, 2019, were included in Division 30, Use Table for the Inside the Bypass Districts, and Division 31, Dimensional Table for the Inside the Bypass Districts. Certain properties in the Residential 1, Residential 2, Downtown Commercial, Waterfront Mixed Use 1 and Waterfront Mixed Use 2 districts are either required or eligible to use contract rezoning; reference Article X, Contract Rezoning.
[1-15-2019; amended 2-7-2023(13)]
The Table of Uses in this Section identifies uses that are permitted in the following zoning districts, as such are shown on the Official Zoning Map adopted by the City Council and as such zoning district boundaries may be amended by the City from time to time: Residential 1, Residential 2, Residential 3, Downtown Commercial, Waterfront Mixed Use 1 and Waterfront Mixed Use 2. Said Table may be amended by the City Council from time to time.
The Table of Uses does not identify certain properties located in the Residential 1, Residential 2, Downtown Commercial, Waterfront Mixed Use 1, and Waterfront Mixed Use 2 zoning districts that may be permitted to conduct additional uses as part of an application approved through the City contract rezoning process. Properties in the Residential 1 and Residential 2 zoning districts that may use the contract rezoning process are identified in Chapter 102, Zoning, Article X, Contract Rezoning, Division 3, Residential 1 and Residential 2 Zoning Districts. Properties in the Waterfront Mixed Use 1 and Waterfront Mixed Use 2 zoning districts that are either required to use the contract rezoning process or that may voluntarily request to use the contract rezoning process are identified in Article X, Division 4, Waterfront Mixed Use 1 Zoning District, Waterfront Mixed Use 2 Zoning District, and Waterfront Development Shoreland District. Article X, Contract Rezoning, Division 5, Downtown Commercial zoning district, identifies certain circumstances for properties located in the Downtown Commercial zone that may be eligible to pursue a contract rezoning agreement.
Footnotes to the Use Table identify additional requirements that apply to certain uses identified in the Use Table, and are more fully described in Section 102-463. Footnotes are identified in the Table of Uses by the following designation: *[number] and *[lower case letter].
KEY TO TABLE
N/A - Not Applicable
P Permitted Use - No Permit Required
P-CEO Permitted Use that requires CEO Review & Permit
P-PBR Permitted Use that requires Planning Board review & permit
P-LPI Licensed Plumbing Inspector review & 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 102-460 USE TABLE
SECTION 102-462, TABLE OF USES, INSIDE THE BYPASS ZONING DISTRICTS
Residential 1
Residential 2
Residential 3
Downtown Commercial
Waterfront Mixed Use 1
Waterfront Mixed Use 2
RESIDENTIAL USES *[2]
1) Dwelling, single-family
P-CEO
P-CEO
P-CEO
P-CEO *[9]*
P-PBR *[3]
P-PBR *[3]
2) Dwelling, Accessory dwelling unit (ADU) *[a]
P-CEO
P-CEO
P-CEO
P-CEO *[9]*
P-PBR *[3]
P-PBR *[3]
3) Dwelling, two-family
P-CEO
P-CEO
P-CEO
P-CEO *[9]*
P-PBR *[3]
P-PBR *[3]
4) Dwelling, Flex Housing (single-family, duplex, triplex, quadplex only) *[b and e]
P-CEO
P-CEO
P-CEO
P-CEO *[9]*
P-PBR *[3]
P-PBR *[3]
5) Dwelling, multi-family (3 or more units in one structure) *[c and e]
P-CEO
P-CEO
P-CEO
P-CEO *[9]*
P-PBR *[3]
P-PBR *[3]
6) Dwelling, multi-family in a residential planned unit development *[g and e]
P-CEO
P-CEO
P-CEO
P-CEO *[9]*
P-PBR *[3]
P-PBR *[3]
7) Residential Planned unit development (PUD) *[f and g]
P-PBR
P-PBR
P-PBR
P-CEO *[9]*
P-PBR *[3]
P-PBR *[3]
8) Rural affordable housing development (PUD) *[h]
NO
NO
NO
NO
NO
NO
9) Manufactured housing on a chassis/mobile home
NO
NO
NO
NO
NO
NO
10) Manufactured housing (units on permanent foundation)
P-CEO
P-CEO
P-CEO
P-CEO *[9]*
P-PBR *[3]
P-PBR *[3]
11) Manufactured housing community (units on chassis) or mobile home park
NO
NO
NO
NO
NO
NO
12) Accessory residential structures
P-CEO
P-CEO
P-CEO
P-CEO *[9]*
P-PBR *[3]
P-PBR *[3]
13) Accessory residential uses
P-CEO
P-CEO
P-CEO
P-CEO *[9]*
P-PBR *[3]
P-PBR *[3]
14) Accessory residential uses on the upper stories of nonresidential structures *[j]
P-CEO
P-CEO
P-CEO
P-CEO *
P-PBR *[3]
P-PBR *[3]
15) Yard sales, residential held no more than 10 days in a calendar year
P
P
P
P
P
P
16) Home occupation class 1: Small scale *[k]
P-CEO
P-CEO
P-CEO
P-CEO *[9]*
P-PBR *[3]
P-PBR *[3]
17) Home occupation class 2: Mid-scale *[k]
P-PBR
P-PBR
P-PBR
P-CEO *[9]*
P-PBR *[3]
P-PBR *[3]
18) Home occupation class 3: Large scale *[k]
NO
NO
NO
NO
NO
NO
19) Owner occupied boarding or owner occupied lodging house with up to 3 borders or lodgers
P-PBR
P-PBR
P-PBR
P-CEO *[9]*
NO
NO
20) Owner occupied boarding or owner occupied lodging house with 4 or more borders or lodgers
P-PBR
P-PBR
P-PBR
P-CEO *[9]*
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-CEO *[9]*
NO
NO
22) Owner occupied group home or owner occupied hospice with a capacity of 9 or more residents
NO
P-PBR
P-PBR
P-CEO *[9]*
NO
NO
23) Group home with a capacity of up to 8 residents
P-PBR
P-PBR
P-PBR
P-CEO *[9]*
NO
NO
24) Group home with a capacity of 9 or more residents
NO
P-PBR
P-PBR
P-CEO *[9]*
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-CEO *[9]*
NO
NO
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]
NO
P-PBR
P-PBR
P-CEO *[9]*
NO
NO
27) Bed and breakfast class 1 *[l]
P-PBR
P-PBR
P-PBR
P-CEO *[9]*
NO
NO
28) Bed and breakfast class 2 *[l]
P-PBR
P-PBR
P-PBR
P-CEO *[9]*
NO
NO
29) Bed and breakfast class 3 *[l]
P-PBR
P-PBR
P-PBR
P-CEO *[9]*
NO
NO
30) Bed and breakfast, non-owner occupied *[l]
P-PBR
P-PBR
P-PBR
P-CEO *[9]*
NO
NO
31) Emergency Shelter, as defined by City Ordinance
NO
NO
NO
NO
NO
NO
32) Transitional Housing Facility, as defined by City Ordinance *[aaa]
NO
NO
NO
NO
NO
NO
Reserved 33) - 44)
OFFICE, CHILD CARE, HEALTH CARE AND VETERINARY USES
45) Professional offices and health care offices
NO
NO
P-PBR
P-PBR*[8]
P-PBR
P-PBR
46) Health care facilities and hospitals
NO
NO
P-PBR
P-PBR
P-PBR
P-PBR
47) Nursing homes and Long-term care facilities
NO
NO
P-PBR
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-PBR
P-PBR
P-PBR
P-PBR*[8]
P-PBR
P-PBR
49) Care facility, child care facility serving more than 12 children [State defined Child Care Center] *[vv]
P-PBR
P-PBR
P-PBR
P-PBR *[8]
P-PBR
P-PBR
50) Care facility, youth and adult
P-PBR
P-PBR
P-PBR
P-PBR
NO
NO
51) Veterinary clinic and veterinary hospital
NO
NO
NO
P-PBR
NO
NO
52) Animal kennel Class 1, includes day-time training facilities
NO
NO
NO
NO
NO
NO
53) Animal kennel Class 2
NO
NO
NO
NO
NO
NO
Reserved 54) - 69)
RETAIL, MOTOR VEHICLE, SERVICES AND REPAIR USES
70) Retail Store, See Footnote *[n] regarding size limits that apply
NO
NO
NO
P-PBR*[8]
NO
NO
71) Shopping centers, including mixed use development (service, retail, restaurant, and/or office in same complex)
NO
NO
NO
NO
NO
NO
72) Commercial agricultural greenhouse or nursery: Sale of materials, plants or similar items commonly associated with landscaping activities
NO
P-PBR *[6]
NO
P-PBR *[8]
P-PBR
P-PBR
73) Farmers Market, indoor or outdoor, that may also include food and craft sales
P-PBR
P-PBR
P-PBR
P-PBR *[8]
P-PBR
P-PBR
74) Medical Marijuana caregiver retail stores *[cc]
NO
NO
NO
P-PBR *[8]
P-PBR
P-PBR
75) Adult Use, Marijuana Retail Store *[dd]
NO
NO
NO
NO
NO
NO
76) Convenience stores
NO
NO
NO
P-PBR *[8]
P-PBR
P-PBR
77) Redemption Centers for Beverage Containers
NO
NO
NO
P-PBR *[8]
NO
NO
78) Motor vehicle, snowmobile, utility-terrain vehicle (UTV) and all-terrain vehicle (ATV) and similar repair business
NO
NO
NO
NO
NO
NO
79) Motor vehicle fuel sales
NO
NO
NO
P-PBR*[8]
NO
NO
80) Motor vehicle sales including automobiles, snowmobiles, utility-terrain vehicles (UTV) and all-terrain vehicles (ATV). Primary use
NO
NO
NO
NO
NO
NO
81) Motor homes, heavy trucks, and related equipment sales, repairs and services
NO
NO
NO
NO
NO
NO
82) Mobile home, manufactured home and modular home sales
NO
NO
NO
NO
NO
NO
83) Personal services
NO
NO
NO
P-PBR*[8]
P-PBR
P-PBR
84) Service Business
NO
NO
NO
P-PBR*[8]
P-PBR
P-PBR
85) Lumber Yard and Building Supply Store. See definition of a Lumber Yard and Building Supply Store in Chapter 66
NO
NO
NO
NO
NO
NO
86) Laundromat
NO
NO
NO
P-PBR*[8]
NO
NO
87) Dry Cleaning (on-site)
NO
NO
NO
P-PBR*[8]
NO
NO
88) Funeral Home
P-PBR
P-PBR
P-PBR
NO
NO
NO
89) Mausoleum/crematory
NO
NO
NO
NO
NO
NO
Reserved 90) - 109)
RESTAURANT AND LODGING USES
110) Hotel and motel
NO
NO
NO
P-PBR*[8]
P-PBR
P-PBR
111) Campground excluding Recreation Vehicle (RV) Park
NO
NO
NO
NO
NO
NO
112) Campground, including a Recreation Vehicle (RV) Park and Motor Homes
NO
NO
NO
NO
NO
NO
113) Restaurant, fast food
NO
NO
NO
NO
NO
NO
114) Restaurant, formula
NO
NO
NO
NO
NO
NO
115) Restaurant with indoor seating
NO
NO
P-PBR *[4]
P-PBR*[8]
P-PBR
P-PBR
116) Restaurant with outdoor seating
NO
NO
NO
P-PBR*[8]
P-PBR
P-PBR
117) Restaurant, take out
NO
NO
NO
P-PBR*[8]
P-PBR
P-PBR
118) Restaurant with drive through window
NO
NO
NO
NO
NO
NO
119) Restaurant, ice cream stand
NO
NO
P-PBR *[4]
P-PBR*[8]
P-PBR
P-PBR
120) Lobster pound, and accessory fish/seafood processing
NO
NO
NO
NO
P-PBR
P-PBR
Reserved 121) - 139)
INDUSTRIAL, MANUFACTURING, LABORATORY, WAREHOUSE, STORAGE AND AQUACULTURE
140) Light industrial/Light manufacturing
NO
NO
NO
P-PBR*[8]
P-PBR*[5]
P-PBR*[5]
141) Manufacturing, processing and industrial activities, including accessory retail sales
NO
NO
NO
P-PBR*[8]
P-PBR *[5]
P-PBR *[5]
142) Bituminous asphalt plant/mixing operations
NO
NO
NO
NO
NO
NO
143) Storage, contractor operations including exterior storage of materials and equipment
NO
NO
NO
NO
P-PBR *[5]
P-PBR *[5]
144) Storage facility/warehouse
NO
NO
NO
P-PBR*[8]
P-PBR *[5]
P-PBR *[5]
145) Storage, self-storage facility
NO
NO
NO
NO
NO
NO
146) Storage tanks for petroleum products, including propane for sale
NO
NO
NO
P-PBR *[8]
P-PBR *[5]
P-PBR *[5]
147) Boat building, boat repair, boat retrofitting or boat storage, including allowing limited onsite sales as an accessory use
NO
NO
NO
NO
P-PBR
P-PBR
148) Research laboratory
NO
NO
P-PBR
P-PBR *[8]
P-PBR *[5]
P-PBR *[5]
149) Medical Marijuana testing facilities *[cc]
NO
NO
NO
P-PBR*[8]
P-PBR
P-PBR
150) Medical Marijuana manufacturing facilities *[cc]
NO
NO
NO
P-PBR*[8]
P-PBR
P-PBR
151) Adult Use Marijuana Cultivation, Tier 1 *[dd]
NO
NO
NO
NO
NO
NO
152) Adult Use Marijuana Cultivation, Tier 2 *[dd]
NO
NO
NO
NO
NO
NO
153) Adult Use Marijuana Cultivation, Tier 3 *[dd]
NO
NO
NO
NO
NO
NO
154) Adult Use Marijuana Cultivation, Tier 4 *[dd]
NO
NO
NO
NO
NO
NO
155) Adult Use, Marijuana Cultivation Nursery *[dd]
NO
NO
NO
NO
NO
NO
156) Adult Use, Marijuana Testing Facility *[dd]
NO
NO
NO
NO
NO
NO
157) Adult Use, Marijuana Manufacturing Facility *[dd]
NO
NO
NO
NO
NO
NO
158) Aquaculture, Land-Based
NO
NO
NO
NO
NO
NO
159) Aquaculture, Freshwater
NO
NO
NO
NO
P-PBR
P-PBR
160) Aquaculture, Marine
NO
NO
NO
NO
P-PBR
P-PBR
161) Aviation and uses accessory to aviation
NO
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
NO
P-PBR*[6]
NO
NO
NO
NO
181) Farm Stand and/or Small Craft Sales as an Accessory Use to an Agricultural Use
NO
P-PBR*[6]
NO
NO
NO
NO
182) Commercial Poultry (Refer to § 66-1, Definitions)
NO
NO
NO
NO
NO
NO
183) Commercial Piggeries (Refer to § 66-1, Definitions)
NO
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)
NO
NO
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
NO
NO
NO
186) Slaughterhouse
NO
NO
NO
NO
NO
NO
187) Horses and horse barns/Stables accessory to residential uses *[jj]
NO
P-PBR*[6]
NO
NO
NO
NO
188) Animal breeding, husbandry
NO
P-PBR*[6]
NO
NO
NO
NO
189) Tree farm (Including on-site sales)
NO
P-PBR*[6]
NO
NO
NO
NO
190) Forestry: Woodlot management and timber harvesting. Reference State Permitting requirements from DEP.
NO
NO
NO
NO
NO
NO
191) Forestry: Commercial firewood processing
NO
NO
NO
NO
NO
NO
Reserved 192) - 209)
UTILITIES
210) Stealth telecommunications facilities *[ff]
P-PBR
P-PBR
P-PBR
P-PBR
P-PBR
P-PBR
211) Minor telecommunications facilities including co-location on existing structures *[ff]
P-PBR
P-PBR
P-PBR
P-PBR
P-PBR
P-PBR
212) Telecommunications facilities *[ff]
NO
NO
NO
NO
NO
NO
213) Small Wireless Facility (as defined by State Statute) in public ROW
P
P
P
P
P
P
214) Essential Services. Also see 215) below
P-CEO
P-CEO
P-CEO
P-CEO
P-CEO
P-CEO
215) Power Generation & Substations, 3 Phase Power Transmission Lines, & natural gas line facilities *[gg]
P-PBR
P-PBR
P-PBR
P-PBR
P-PBR
P-PBR
216) Solar Energy Systems, Large-Scale, ground-mounted *[ee]
NO
NO
NO
NO
NO
NO
217) Solar Energy Systems, Small-Scale, ground-mounted and roof-mounted *[10, 12 and ee]
P-CEO
P-CEO *[11]
P-CEO
P-CEO
P-CEO
P-CEO
218) Solar Energy Systems, Large-Scale and Medium Scale, roof-mounted *[ee]
P-PBR
P-PBR
P-PBR
NO
NO
NO
219) Wind Generation - Turbines (Commercial)
NO
NO
NO
P-PBR
P-PBR
P-PBR
220) Wind Generation - Turbines (Residential)
P-PBR
P-PBR
P-PBR
P-PBR
P-PBR
P-PBR
221) Hydroelectric Power Generation facilities *[gg]
NO
NO
NO
NO
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
P
P
P
P
P
241) Quasi-public and non-municipal public uses
P-PBR
P-PBR
P-PBR
P-PBR [8]*
P-PBR
P-PBR
242) Public park
P
P
P
P
P
P
243) Public parking facility
NO
NO
P-PBR
P-PBR [8]*
P-PBR
P-PBR
244) School, public
P-PBR
P-PBR
P-PBR
P-PBR [8]*
P-PBR
P-PBR
245) School, private/parochial/charter
P-PBR
P-PBR
P-PBR
P-PBR [8]*
P-PBR
P-PBR
246) Community center
NO
P-PBR
P-PBR
P-PBR [8]*
P-PBR
P-PBR
247) Social club
NO
P-PBR
P-PBR
P-PBR [8]*
NO
NO
248) Museum
NO
NO
NO
P-PBR [8]*
P-PBR
P-PBR
249) Convention center
NO
NO
NO
P-PBR [8]*
P-PBR
P-PBR
250) Theater/Performing arts center *[bb]
NO
NO
NO
P-PBR [8]*
P-PBR
P-PBR
251) Theater, outdoor and event facility. Permitted as an accessory use to an agricultural use *[bb]
NO
NO
NO
P-PBR [8]*
P-PBR
P-PBR
252) Recreational facility, indoor (public or private)
NO
NO
NO
P-PBR [8]*
NO
NO
253) Recreational facility, outdoor, excluding motorized vehicles
NO
NO
NO
NO
NO
NO
254) Recreational facility, outdoor, including motorized vehicles
NO
NO
NO
NO
NO
NO
255) Recreational or community activities
P-CEO
P-CEO
P-CEO
P-CEO
P-CEO
P-CEO
256) Shooting or rifle range (public allowed)
NO
NO
NO
NO
NO
NO
257) Drive-in movie theater
NO
NO
NO
NO
NO
NO
258) Amusement park
NO
NO
NO
NO
NO
NO
259) Churches
P-PBR
P-PBR
P-PBR
P-PBR *[8]
NO
NO
Reserved 260) - 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
P-CEO
281) Accessory non-residential structure if the principal structure was subject to review by the Planning Board
P-PBR
P-PBR
P-PBR
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
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
P-PBR
P-PBR
P-PBR
P-PBR
P-PBR
284) Marinas and marina related service businesses
NO
NO
NO
P-PBR [8]*
P-PBR
P-PBR
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.
P-PBR
P-PBR
P-PBR
P-PBR
P-PBR
P-PBR
286) Water borne transportation and recreation
P-PBR
P-PBR
P-PBR
P-PBR
P-PBR
P-PBR
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
NO
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
NO
NO
NO
NO
NO
NO
289) Fill activities that involve the altering at least 10 cubic yards of fill, but less than 100 cubic yards of material
P-CEO
P-CEO
P-CEO
P-CEO
P-CEO
P-CEO
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
P-CEO
291) Septage, storage and spreading
NO
NO
NO
NO
NO
NO
292) Junkyards, including auto graveyards
NO
NO
NO
NO
NO
NO
293) Significant Groundwater Well
NO
NO
NO
NO
NO
NO
294) Significant Water Intake or Significant Water Discharge/Outfall Pipe
NO
NO
NO
NO
NO
NO
Reserved 295) - 310)
SPECIAL USES
311) Special Use Areas
N/A
N/A
N/A
N/A
N/A
N/A
312) Special Uses that Require City Review Pursuant to Contract Rezoning
YES
YES
YES
YES
YES
YES
Reserved 313) - 340)
USES SPECIFIC TO CHAPTER 82, SHORELAND ZONING *[yy]
340) Nonintensive recreational uses not requiring structures, such but not limited to hunting, fishing and hiking subject to State and City laws
YES
YES
YES
YES
YES
YES
341) Motorized vehicular traffic on existing roads and trails
YES
YES
YES
YES
YES
YES
342) Clearing of Vegetation for Development, may require permit in Shoreland Zoning districts
YES
YES
YES
YES
YES
YES
343) Fire Prevention Activities
YES
YES
YES
YES
YES
YES
344) Wildlife Management Practices
YES
YES
YES
YES
YES
YES
345) Soil and Water Conservation Practices
YES
YES
YES
YES
YES
YES
346) Mineral Exploration
NO
NO
NO
NO
NO
NO
347) Surveying and Resource Analysis
YES
YES
YES
YES
YES
YES
348) Emergency Operations
YES
YES
YES
YES
YES
YES
349) Conversion of Seasonal Residences to Year-Round Residences
P-CEO
P-CEO
P-CEO
P-CEO
P-CEO
P-CEO
350) Service Drops to Allowed Uses
YES
YES
YES
YES
YES
YES
351) Private Sewage Disposal Systems of Allowed Uses, as per Chapter, 62, Utilities
P-LPI
P-LPI
P-LPI
NO
NO
NO
352) Road and Driveway Construction
P-CEO
P-CEO
P-CEO
P-CEO
P-CEO
P-CEO
353) Small Nonresidential Facilities for Educational, Scientific, or Nature Interpretation Purposes
NO
NO
NO
P-PBR *[8]
P-PBR
P-PBR
Shoreland Zones and Shoreland Uses are not shown. Refer to Chapter 82, Shoreland Zoning, for Shoreland Table of Uses
[1-15-2019; 1-7-2020; amended 2-7-2023(13) ]
The Footnotes identified below apply to the Use Table identified in Section 102-462. The respective footnote identifies additional requirements that apply to the use identified in the Use Table. The footnotes are identified in the Use Table by the following designation: *[number] or *[lower case letter].
*[1]: Reserved. (The City Council repealed Footnote 1 on December 5, 2017).
*[2]: (Reserved. (The City Council repealed Footnote 2 on February 7, 2023). Multi-family, Flex Housing, One-Two Family Dwelling and Accessory Dwelling Units are allowed in all zoning districts Inside the Bypass, subject to various standards. See Footnote *[1] for the Dimensional Table regarding prohibiting residential uses on the first floor in the Downtown Commercial zoning district.)
*[3]: The identified uses are only permitted as an accessory use to a nonresidential use.
*[4]: In the Residential 3 zoning district, certain restaurants and ice cream stands are permitted on properties that have street frontage on Northport Avenue, provided the property is located southerly of the common lot line between Map 33, Lot 21 (Waldo County General Hospital) and the lot lines for Map 33, Lot 19, and Map 33, Lot 23, as such were shown on the City of Belfast tax maps in effect on September 17, 2014. Also, the maximum number of seats for a restaurant or ice cream stand is 20, and outdoor seating is prohibited.
*[5]: The identified use must be for a marine related activity.
*[6]: The identified agricultural activities are limited to the following (2) areas:
1) The portion of the Residential 2 zoning district that is bounded by Miller Street to the north, the Route 1 Bypass to the west, and Congress Street to the south and east.
2) The portion of the Residential 2 zoning district that lies north of the Residential 15 zoning district near Vine Street and to the west of High Street to the border of the Residential 4 and Outside Rural 1 zoning districts.
*[7]: YTBD or Yet to Be Determined. The City of Belfast has not yet formulated zoning ordinance standards for the zoning districts identified in this Use Table regarding the establishment of a Non-residential Planned Unit Development.
*[8]: In the portion of the Downtown Commercial zoning district in which a Use is exempt from the on-site parking requirement, reference Chapter 98, Technical Standards, Article VIII, Parking and Loading Facilities, Section 98-245, Areas and uses exempt from parking requirement, the City Code Enforcement, rather than the City Planning Board, shall have the authority to review and act on a Use Permit application, unless Planning Board review is triggered otherwise via Site Plan or Subdivision, etc.
*[9]: A property that is in the Downtown Commercial zoning, that has street frontage on Front Street, and that is located northwesterly of the City Wastewater Treatment Plant (between the Treatment Plant and Pierce Street), may have one or more residential uses located on the first floor of the structure.
*[10]: In the Inside the Bypass zoning districts that allow a medium-scale ground-mounted solar energy system, the maximum size of a system shall be one acre (43,560 square feet). (Footnote 10 was adopted on January 7, 2020).
*[11]: Notwithstanding the limitation on a medium-scale ground-mounted solar energy system identified in Footnote 10, RSU 71 shall be allowed to develop a system that is up to four acres in size. The Code Enforcement Officer can review and issue this permit. (Footnote 11 was adopted on January 7, 2020).
*[12]: Notwithstanding the limitation on a medium-scale ground-mounted solar energy system identified in Footnote 10, and the prohibition on a large-scale ground-mounted solar energy system in the Residential 2 zoning district, the City of Belfast shall be allowed to develop a ground-mounted system of any size, provided the City Council conducts a public hearing on the proposal, publishes notice of the hearing a minimum of 10 days in advance of the hearing, and post the hearing, the Council affirmatively votes to allow the proposed use. (Footnote 12 was adopted on January 7, 2020).
*[a] Reference performance standards for an accessory dwelling unit. Chapter 102, Zoning, Article IX, Performance Standards, Division 6, Supplemental Performance Standards for an Accessory Dwelling Unit.
*[b] Reference density standards that apply to a Dwelling, Flex Housing project that are identified in the Dimensional Standards Table (Section 102-471) 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 for zoning districts Inside the Bypass. 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] 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] Flex housing allows housing options in all zoning districts Inside the Bypass up to a four-plex (four dwelling units in one structure) structure. Tri-plexes, One-Two Family Dwellings and Accessory Dwelling Units may also be allowed.
*[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. 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] Not applicable for Inside the Bypass zoning districts where Rural Affordable Housing Developments, as defined by the City and classified as PUDs, are not permitted.
*[i] Not applicable for Inside the Bypass zoning districts where manufactured housing communities are not permitted.
*[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. Not applicable for Inside the Bypass zoning districts where Professional Offices and Health Care Offices are allowed.
*[n] Retail Uses. Retail uses are allowed in the Downtown Commercial zoning district up to 75,000 sqft. Retail uses are allowed in the Waterfront Mixed Use zoning districts up to 20,000 sqft.
*[o] Shopping Centers. Not Applicable.
*[p] Personal Service Business. Not Applicable.
*[q] Convenience Store. Not Applicable.
*[r] Storage/Warehouse. Not Applicable.
*[s] Light Manufacturing. Not Applicable.
*[t] Manufacturing, processing, or industrial facility. Not Applicable.
*[u] Not Applicable.
*[v] Animal kennels are not allowed in any zoning districts Inside the Bypass.
*[w] Any business that sells and dispenses fuel shall be limited to a maximum of four fuel dispensers (pumps) on the property.
*[x] Campground and Recreational Vehicle Parks are not allowed in any zoning districts inside the bypass.
*[y] Not Applicable.
*[z] Not Applicable.
*[aa] A fill, loam, sand, and gravel extraction operation is not allowed in any zoning district Inside the Bypass.
*[bb] An outdoor theater or event facility that is permitted as an accessory use to 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 has not adopted these standards as of yet), Performance Standards for Event Facilities and Outdoor Theaters.
*[cc] Allowed Medical Marijuana uses must comply with requirements identified in Chapter 102, Zoning, Article VIII, Supplementary District Regulations, Division 8, Medical Marijuana Regulations.
*[dd] Allowed Adult Use Marijuana uses 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] Telecommunications Facilities 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] Significant Groundwater Wells are not allowed in any zoning districts Inside the Bypass.
*[ii] Significant Groundwater Wells are not allowed in any zoning districts Inside the Bypass.
*[jj] Commercial Horse Stables and Barns are not allowed in any zoning districts Inside the Bypass.
*[kk] Not applicable.
*[ll] Not Applicable.
*[mm] Not Applicable.
*[nn] Reserved in this Division.
*[oo] Bituminous asphalt plants are not allowed in any zoning districts inside the bypass.
*[pp] Not Applicable.
*[qq] Reserved in this Division.
*[rr] Not Applicable.
*[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 are not allowed in any zoning district Inside the Bypass.
*[uu] Snowmobile, utility terrain vehicle (UTV), all-terrain vehicle (ATV), and similar repair business are not allowed in any zoning district Inside the Bypass.
*[vv] Child care facilities, stand alone or accessory, are an allowed use in all zoning districts Inside the Bypass with Planning Board review.
*[xx] Service Business. Not Applicable.
*[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.
[1-15-2019; amended 2-7-2023(13)]
The Dimensional Standards Table identifies dimensional standards for the following zoning districts, as such are shown on the Official Zoning Map[1] adopted by the City Council: Residential 1, Residential 2, Residential 3, Downtown Commercial, Waterfront Mixed Use 1 and Waterfront Mixed Use 2. Said Dimensional Standards Table includes standards identified on the original Table adopted on October 7, 2014 (Division 31), amendments to the Table adopted by the City Council at its meetings of October 21, 2014, and June 21, 2016, the re-codification of this Table that was adopted by the City Council at its meeting of January 15, 2019 (Recodified as Division 9), and subsequent amendments to the re-codification of said Table that may be adopted by the City Council from time to time.
Footnotes to the Dimensional Standards Table identify additional requirements that apply to certain dimensional standards and are more fully described in Section 102-471. Footnotes are identified in the Dimensional Standards Table by the following designation: * [number] or * [UPPER CASE LETTER].
Division 9, Inside the Bypass Districts Dimensional Chart
Dimensional Standard
Residential 1
Residential 2
Residential 3
Downtown Commercial
Waterfront Mixed Use 1
Waterfront Mixed Use 2
1) MINIMUM LOT SIZE
1.1) MINIMUM LOT SIZE FOR LOT CONNECTED TO PUBLIC SEWER
a. Minimum Lot Size, Single Family Residential, Public Sewer
7,500 sf
7,500 sf
7,500 sf
2,000 sf- *[1]
43,560 sf-*[2]
20,000 sf- *[2 and 3] or 4,000 sf-*[2 and 3]
b. Minimum Lot Size, Single Family Residential, Back Lot, Public Sewer
7,500 sf
7,500 sf
7,500 sf
2,000 sf-*[1]
43,560 sf-*[2]
20,000 sf-*[2 and 3] or 4,000 sf *[2 and 3]
c. Minimum Lot Size, Single Family Residential with Accessory Dwelling Unit, Public Sewer. Reference Footnote [F] for Additional Standards.
4,500 sf
4,500 sf
4,500 sf
2,000 sf- *[1]
43,560 sf- *[2]
20,000 sf- *[2 and 3] or 4,000 sf *[2 and 3]
d. Single Family Residential with Accessory Dwelling Unit, Back Lot, Public Sewer. Reference Footnote *[F] for Additional Standards.
4,500 sf
4,500 sf
4,500 sf
2,000 sf- *[1]
43,560 sf- *[2]
20,000 sf- *[2 and 3] or 4,000 sf *[2 and 3]
e. Minimum Lot Size, Two Family Residential, Public Sewer
7,500 sf
7,500 sf
7,500 sf
2,000 sf-*[1]
43,560 sf- *[2]
20,000 sf-*[2 and 3] or 4,000 sf *[2 and 3]
f. Minimum Lot Size, Two Family Residential, Back Lot, Public Sewer
7,500 sfb
7,500 sfb
7,500 sfb
2,000 sf- *[1]
43,560 sf- *[2]
20,000 sf-*[2 and 3] or 4,000 sf *[2 and 3]
g. Minimum Lot Size, Multi-Family Residential, Public Sewer. Standard for backlot is the same as a lot with road frontage. Reference Footnotes *[5, D and G] for Additional Standards.
10,000 sf
10,000 sf
10,000 sf
2,000 sf- *[1]
43,560 sf- *[2]
20,000 sf-*[2 and 3] or 4,000 sf *[2 and 3]
h. Dwelling, Flex Housing Public Sewer. The minimum lot size standard for a backlot is the same as a lot with road frontage. Reference Footnotes *[5, G and J] for Additional Standards.
7,500 sf
7,500 sf
7,500 sf
2,000 sf- *[1]
43,560 sf- *[2]
20,000 sf- *[2 and 3] or 4,000 sf *[2 and 3]
i. Minimum Lot Size, Non-Residential, Public Sewer. Reference Footnote *[I] for Standards regarding Nonconformities.
10,000 sf
10,000 sf
10,000 sf
2,000 sf- *[1]
43,560 sf- *[2]
20,000 sf- *[2 and 3] or 4,000 sf *[2 and 3]
1.2) MINIMUM LOT SIZE FOR A SUBSURFACE WASTEWATER DISPOSAL SYSTEM
a. Minimum Lot Size, Single Family Residential, Subsurface System
20,000 sf
20,000 sf
20,000 sf
Prohibited
Prohibited
Prohibited
b. Minimum Lot Size, Single Family Residential, Back Lot, Subsurface System
20,000 sf
20,000 sf
20,000 sf
Prohibited
Prohibited
Prohibited
c. Minimum Lot Size, Single-Family Residential with Accessory Dwelling Unit, Subsurface System. Reference Footnote *[F] for Additional Standards.
20,000 sf
20,000 sf
20,000 sf
Prohibited
Prohibited
Prohibited
d. Minimum Lot Size, Single-Family Residential with Accessory Dwelling Unit, Back Lot, Subsurface System. Reference Footnote *[F] for additional Standards.
20,000 sf
20,000 sf
20,000 sf
Prohibited
Prohibited
Prohibited
e. Minimum Lot Size, Two-Family Residential, Subsurface System
20,000 sf
20,000 sf
20,000 sf
Prohibited
Prohibited
Prohibited
f. Minimum Lot Size, Two-Family Residential, Back Lot, Subsurface System
20,000 sf
20,000 sf
20,000 sf
Prohibited
Prohibited
Prohibited
g. Minimum Lot, Size, Multi-Family Residential, Subsurface System. Minimum lot size for a backlot is the same as a lot with road frontage. Reference Footnote *[D] for additional standards.
20,000 sf
20,000 sf
20,000 sf
Prohibited
Prohibited
Prohibited
h. Residential, Flex Housing Subsurface System. Minimum lot size standard for a backlot is the same as a lot with road frontage. Reference Footnotes *[G and K] for additional standards.
20,000 sf
20,000 sf
20,000 sf
Prohibited
Prohibited
Prohibited
i. Minimum Lot Size, Non-Residential, Subsurface System. Reference Footnote *[I] for Additional Standards.
20,000 sf
20,000 sf
20,000 sf
Prohibited
Prohibited
Prohibited
2) MINIMUM STREET FRONTAGE FOR A LOT
a. Minimum Street Frontage - Residential
60 ft
60 ft
60 ft
20 ft - *[1]
200 ft - *[2]
200 ft - *[2 or 3] or 50 ft *[2 or 3]
b. Minimum Street Frontage - Non-Residential
80 ft - *[4]
80 ft - *[4]
80 ft - *[4]
20 ft
200 ft
200 ft - *[3] or 50 ft *[3]
c. Minimum Width Lot - Back Lot - Residential
60 ft
60 ft
60 ft
20 ft - *[1]
200 ft - *[2]
200 ft - *[2 or 3] or 50 ft *[2 or 3]
d. Minimum Width Lot - Back Lot - Non-Residential
80 ft - * [4]
80 ft - * [4]
80 ft - *[4]
20 ft - *[1]
200 ft - *[2]
200 ft - *[2] or 50 ft *[3]
3) MINIMUM FRONT SETBACK FOR A STRUCTURE
a. Front Setback, Structure- Residential (Primary Structure) *[B]
Traditional Neighborhood Setback Pattern
Area #1 - 5 ft
Area #2 - 10 ft
Area #3 - 15 ft
Area #4 - 20 ft
Area #5 - 25 ft
Area #6 - 30 ft
Area #7 - 40 ft
Area #8 - 60 ft
Traditional Neighborhood Setback Pattern
Area #1 - 5 ft
Area #2 - 10 ft
Area #3 - 15 ft
Area #4 - 20 ft
Area #5 - 25 ft
Area #6 - 30 ft
Area #7 - 40 ft
Area #8 - 60 ft
Traditional Neighborhood Setback Pattern
Area #1 - 5 ft
Area #2 - 10 ft
Area #3 - 15 ft
Area #4 - 20 ft
Area #5 - 25 ft
Area #6 - 30 ft
Area #7 - 40 ft
Area #8 - 60 ft
0 ft -*[1]
10 ft -*[1]
10 ft -*[1]
b. Front Setback, Structure-Residential (Accessory Structure) *[B]
20 ft or Traditional Setback Pattern if Traditional is Greater than 20'
20 ft or Traditional Setback Pattern if Traditional is Greater than 20'
20 ft or Traditional Setback Pattern if Traditional is Greater than 20'
0 ft - *[1]
10 ft - *[2]
10 ft -*[2]
c. Front Setback, Structure - Nonresidential (Primary Structure) *[B]
Traditional Neighborhood Setback Pattern
Area #1 or # 2 - 10 ft
Area #3 or #4 - 20 ft
Area #5 - 25 ft
Area #6 - 30 ft
Area # 7 - 40 ft
Area # 8 - 60 ft
Traditional Neighborhood Setback Pattern
Area #1 or # 2 - 10 ft
Area #3 or #4 - 20 ft
Area # 5 - 25 ft
Area # 6 - 30 ft
Area # 7 - 40 ft
Area # 8 - 60 ft
Traditional Neighborhood Setback Pattern
Area #1 or # 2 - 10 ft
Area #3 or # 4 - 20 ft
Area # 5 - 25 ft
Area # 6 - 30 ft
Area # 7 - 40 ft
Area # 8 - 60 ft
0 ft
10 ft
10 ft
d. Front Setback, Structure - Nonresidential (Accessory Structure)*[B]
20 ft or Traditional Setback Pattern if Traditional is Greater than 20'
20 ft or Traditional Setback Pattern if Traditional is Greater than 20'
20 ft or Traditional Setback Pattern if Traditional is Greater than 20'
0 ft
10 ft
10 ft
4) MINIMUM SIDE SETBACK FOR A STRUCTURE - *[9]
a. Side Setback-Residential - Primary Structure
15 ft
15 ft
15 ft
0 ft - *[1]
10 ft -*[2]
5 ft -* [2]
b. Side Setback - Residential - Accessory Structure
15 ft
15 ft
15 ft
0 ft - *[1]
10 ft -*[2]
5 ft -*[2]
c. Side Setback - Non-Residential - Primary Structure
20 ft
20 ft
20 ft
0 ft
10 ft
5 ft
d. Side Setback- Non-Residential - Accessory Structure
20 ft
20 ft
20 ft
0 ft
10 ft
5 ft
5) MINIMUM REAR SETBACK FOR A STRUCTURE - *[9]
a. Rear Setback - Residential - Primary Structure
10 ft
10 ft
10 ft
0 ft - *[1]
10 ft -* [2]
5 ft - *[2]
b. Rear Setback - Residential - Accessory Structure
10 ft
10 ft
10 ft
0 ft - *[1]
10 ft - *[2]
5 ft -* [2]
c. Rear Setback - Nonresidential - Primary Structure
20 ft
20 ft
20 ft
0 ft
10 ft
5 ft
d. Rear Setback - Nonresidential - Accessory Structure
20 ft
20 ft
20 ft
0 ft
10 ft
5 ft
6) DENSITY STANDARD (Number of Units/Size of Lot)
6.1) DENSITY STANDARD FOR DWELLING UNITS CONNECTED TO PUBLIC SEWER
a. Single Family Residential (Public Sewer)
1 Unit/7,500 sf
1 Unit/7,500 sf
1 Unit/7,500 sf
No Density Standard - *[1]
Accessory Use Only -*[1]
Accessory Use Only -*[1]
b. Single Family Residential with an Accessory Dwelling Unit (Public Sewer). Reference Footnote *[F] for Additional Standards
1 Primary and 1 Accessory Unit Per 7,500 sf
1 Primary and 1 Accessory Unit Per 7,500 sf
1 Primary and 1 Accessory Unit Per 7,500 sf
No Density Standard - *[1]
Accessory Use Only -*[1]
Accessory Use Only - *[1]
c. Two-Family Residential, Public Sewer
2 Units in 1 structure Per 7,500 sf
2 Units in 1 structure Per 7,500 sf
2 Units in 1 structure Per 7,500 sf
No Density Standard - *[1]
Accessory Use Only - *[2]
Accessory Use Only - *[2]
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.
10,000 sf to allow multi-family greater than 4 dwellings in one structure. 1 Unit/2000 sf.
10,000 sf to allow multi-family greater than 4 dwellings in one structure. 1 Unit/2000 sf.
10,000 sf to allow multi-family greater than 4 dwellings in one structure. 1 Unit/2000 sf.
No Density Standard - *[1]
Accessory Use Only - *[2]
Accessory Use Only - *[2]
e. Residential, Flex Housing Public Sewer. Reference Footnote *[G] for additional standards.
7,500 sf to allow up to 4 dwellings in up to 3 structures. Structures with greater than 4 dwelling units not allowed. See Footnote *[J] for density standard. See Footnote *[G] for additional standards.
7,500 sf to allow up to 4 dwellings in up to 3 structures. Structures with greater than 4 dwelling units not allowed. See Footnote *[J] for density standard. See Footnote *[G] for additional standards.
7,500 sf to allow up to 4 dwellings in up to 3 structures. Structures with greater than 4 dwelling units not allowed. See Footnote *[J] for density standard. See Footnote *[G] for additional standards.
No Density Standard-*[1]
Accessory Use Only -* [2]
Accessory Use Only - *[2]
6.2 DENSITY STANDARD FOR DWELLING UNITS THAT USE A SUBSURFACE WASTEWATER DISPOSAL SYSTEM.
a. Single Family Residential (Subsurface System)
1 Unit/20,000 sf
1 Unit/20,000 sf
1 Unit/20,000 sf
Prohibited
Prohibited
Prohibited
b. Single Family Residential with a Accessory Dwelling Unit, (Subsurface System). Reference Footnote *[F] for additional standards.
1 Primary and 1 Accessory Dwelling Unit Per 20,000 sf
1 Primary and 1 Accessory Dwelling Unit Per 20,000 sf
1 Primary and 1 Accessory Dwelling Unit Per 20,000 sf
Prohibited
Prohibited
Prohibited
c. Two-Family Residential, Subsurface System
1 Duplex Structure Per 20,000 sf
1 Duplex Structure Per 20,000 sf
1 Duplex Structure Per 20,000 sf
Prohibited
Prohibited
Prohibited
d. Multi-Family Residential, Subsurface System. Reference Footnote *[G] for additional standards.
20,000 sf to allow multi-family greater than 3 or 4 dwellings in one structure. 1 Unit/2,000 sf. See *[G] for additional standards.
20,000 sf to allow multi-family greater than 3 or 4 dwellings in one structure. 1 Unit/2,000 sf. See *[G] for additional standards.
20,000 sf to allow multi-family greater than 3 or 4 dwellings in one structure. 1 Unit/2,000 sf. See *[G] for additional standards.
Prohibited
Prohibited
Prohibited
e. Residential, Flex Housing, Subsurface System Reference Footnote *[G] for additional standards
20,000 sf to allow up to 4 dwellings in up to 3 structures. Structures with greater than 4 dwelling units not allowed. See Footnote *[J] for density standard. See Footnote *[G] for additional standards.
20,000 sf to allow up to 4 dwellings in up to 3 structures. Structures with greater than 4 dwelling units not allowed. See Footnote *[J] for density standard. See Footnote *[G] for additional standards.
20,000 sf to allow up to 4 dwellings in up to 3 structures. Structures with greater than 4 dwelling units not allowed. See Footnote *[J] for density standard. See Footnote *[G] for additional standards.
Prohibited
Prohibited
Prohibited
7) MAXIMUM LOT COVERAGE *[4]
a. Maximum Lot Coverage - Residential (Impervious Surface Ratio); Single Family, Two-Family & Accessory Dwelling Units
Based on Lot Size
5,000 sf or Less - 70% 5,001 to 10,000 sf - 60%
10,001 to 15,000 sf - 50%
15,001 sf or more - 40%
Based on Lot Size
5,000 sf or less - 70% 5,001 to 10,000 sf - 60%
10,001 to 15,000 sf - 50%
15,001 sf or more - 40%
Based on Lot Size
5,000 sf or less - 70% 5,001 to 10,000 sf - 60%
10,001 to 15,000 sf - 50%
15,001 sf or more - 40%
100% - *[1]
100% - *[2]
100% - *[2]
b. Maximum Lot Coverage - Nonresidential (Impervious Surface Ratio) - Standard for Nonresidential, Multi-Family, and Flex Housing
Based on Lot Size Less Than 10,000 sf - 80%
10,001 to 20,000 sf - 75%
20,001 - 43,560 sf - 70%
43,561 or more - 65%
Based on Lot Size Less Than 10,000 sf - 80%
10,001 to 20,000 sf - 75%
20,001 - 43,560 sf - 70%
43,561 or more - 65%
Based on Lot Size Less Than 10,000 sf - 80%
10,001 to 20,000 sf - 75%
20,001 - 43,560 sf - 70%
43,561 or more - 65%
100%
100% - *[2]
100%- *[2]
8) MAXIMUM STRUCTURE HEIGHT
a. Maximum Height, Residential - Non-Shoreland Area
38 ft
38 ft
38 ft *[10]
Downtown # 1 - 38 ft -*[7]
Downtown # 2 - 45 ft - [7]
Downtown # 3 - 60 ft -*[7]
35 ft or Height per Contract Rezoning - *[8]
35 ft or Height per Contract Rezoning - *[8]
b. Maximum Height, Residential - Shoreland
35 ft
35 ft
35 ft
N/A
35 ft or Height per Contract Rezoning - *[8]
35 ft or Height per Contract Rezoning - *[8]
9) MAXIMUM STRUCTURE HEIGHT
a. Maximum Height, Nonresidential - Non-Shoreland Areas
38 ft
38 ft
38 ft *[10]
Downtown # 1 - 38 ft -*[7]
Downtown # 2 - 45 ft -[7]
Downtown # 3 - 60 ft -*[7]
35 ft or Height per Contract Rezoning - *[8]
35 ft or Height per Contract Rezoning - *[8]
b. Maximum Height, Nonresidential - Shoreland Areas
35 ft
35 ft
35 ft
N/A
35 ft or Height per Contract Rezoning -*[8]
35 ft or Height per Contract Rezoning -*[8]
[1]
Editor’s Note: The Zoning Map is included as an attachment to this chapter.
[1-15-2019; amended 2-7-2023(13)]
The Footnotes identified below apply to the Dimensional Standards Table in Section 102-470. The respective footnote identifies additional requirements that apply to the standard identified in the Dimensional Standards Table. The footnotes are identified in the Dimensional Standards Table by the following designation: * [number] and *[UPPER CASE LETTER].
*[1]. In the Downtown Commercial zoning district, residential uses are allowed, provided the residential use is not located on the first floor; any residential use must be located on an upper floor, including any Hotel/Motel rooms containing sleeping units or dwelling units. The above prohibition on a first floor residence(s) shall not apply to any property in the Downtown Commercial zoning district that has street frontage on Front Street and that is located northwesterly of the City Wastewater Treatment Plant, the area from the Plant to Pierce Street. Further, notwithstanding the standard (prohibition), a structure which had a residential use located on the first floor on or before the date of adoption of this Ordinance (October 21, 2014) may continue as a legally established nonconforming use, and the nonconforming residential use may be expanded if such expansion complies with requirements of Chapter 102, Zoning, Article III, Nonconformance.
*[2]. In the Waterfront Mixed Use 1 and Waterfront Mixed Use 2 zoning districts, residential uses are allowed only as an accessory use to a nonresidential use, and a property (lot) on which an applicant proposes to construct one or more residential dwelling units shall include one or more permitted nonresidential uses on the same property (lot). Further, any dwelling unit that is constructed shall comply with the following standards:
(1)
The maximum usable floor area of the total of all residential dwelling units that are established on a property (lot) that is one acre or less in size shall not exceed the total amount of floor area of all nonresidential uses located within one or more structures on the same property (lot).
(2)
The maximum usable floor area of the total of all residential dwelling units that are established on a property (lot) that is more than one acre in size shall not exceed 75% of the total amount of floor area of all nonresidential uses located within one or more structures on the same property (lot).
(3)
Standards (1) and (2) above, apply to any application to construct one or more new nonresidential dwelling units on or after July 20, 2004 (date when standard was enacted). Any dwelling unit constructed before July 20, 2004, that does not satisfy the above density standards shall be considered a nonconforming use of record which may continue, and said dwelling unit may be expanded in compliance with applicable provisions of Chapter 82, Shoreland Zoning, and Chapter 102, Zoning, Article III, Nonconformance.
(4)
The property the City identifies as Map 13, Lot 46, located at 3 Field Street, which was used exclusively as a single family residence on the date of adoption of this Ordinance amendment (October 7, 2014), is considered a legally established nonconforming use, and may continue to be used exclusively as a single family residence. Further, the primary residential structure may be expanded, any existing accessory structure to the single family residence may be expanded, and any new accessory structure to the single family residence may be constructed, provided all structures comply with structure setback standards that apply.
(5)
The density standards identified in standards (1) and (2) of this footnote, may be modified by the City of Belfast through a contract rezoning agreement adopted pursuant to applicable provisions of Chapter 82, Shoreland Zoning, and Chapter 102, Zoning, Article III, Nonconformance.
*[3]. In the Waterfront Mixed Use 2 zoning district, a lot which has shore frontage must also have a minimum of 200 feet of street frontage, if said lot has frontage on a street. A lot which does not have any shore frontage must have a minimum of 50 feet of frontage on a street, if said lot has frontage on a street, and must have a minimum width of 50 feet if it does not have any frontage on a street. A lot which does not satisfy the above standards shall be considered a nonconforming lot of record.
*[4]. In the Residential 1, Residential 2 and Residential 3 zoning districts, a nonresidential use that is proposed for a vacant (undeveloped) property (lot), or a property (lot) that was used for a residential use at the time the nonresidential use is proposed, shall have a minimum of 80 feet of street frontage. A property in the above zoning districts that was being used for a nonresidential use on or before the date of adoption of this Ordinance (October 7, 2014) that does not satisfy this minimum street frontage requirement, shall be considered a nonconforming lot of record and the nonresidential use may continue on said property (lot) subject to requirements of Chapter 102, Zoning, Nonconformance.
*[5]. In the Residential 1 zoning district, an existing structure that was used as a multi-family residence on or before January 1, 1986, was considered a legally established nonconforming use of record. Subject to requirements of Chapter 102, Zoning, Article III, Nonconformance, the nonconforming use of said structure could continue, and an expansion may be permitted. However, multi-family uses, including conversions, are now permitted in the Residential 1 zoning district as of February 7, 2023.
*[6]. Effective with the date of adoption of this Ordinance amendment (October 7, 2014), in the Residential 2 and Residential 3 zoning districts, the construction of a new multi-family dwelling structure (which means the construction of a new building) was allowed as a permitted use. In the same above districts, the conversion of a structure that was used as a single family or two-family residence on or before the date of adoption of this Ordinance (October 7, 2014) into a multi-family dwelling was prohibited. In the same above districts, an existing structure that was used as a multi- family residence on or before January 1, 1986, was considered a legally established nonconforming use of record, and subject to requirements of Chapter 102, Zoning, Article III, Nonconformance, the nonconforming use of said structure could continue, and an expansion could be permitted. However, multi-family uses, including conversions, are now permitted in the Residential 2 and 3 zoning district as of February 7, 2023.
*[7]. In Area #1 of the Downtown Commercial zoning district the following maximum height restrictions shall apply:
(1)
A new structure shall not exceed a height of 38 feet;
(2)
The height of a structure that existed on or before the date of adoption of this Ordinance (October 21, 2014) that is less than 38 feet in height shall not be increased to a height of greater than 38 feet; and
(3)
Any structure that existed on or before the date of adoption of this Ordinance (October 21, 2014), that had a height of 38 feet or more, may continue as a legally established nonconforming structure with regard to structure height, and any portion of the structure may be increased in height, provided that the total height of the structure does not exceed the maximum height of the structure which existed on the date of adoption of this Ordinance (October 21, 2014).
Area #1 of the Downtown Commercial zoning district is identified on the map in this section [102-471 9)] entitled: Downtown Commercial Building Heights.
In Area #2 of the Downtown Commercial zoning district the following maximum height restrictions shall apply:
(1)
A new structure shall not exceed a height of 48 feet;
(2)
The height of a structure that existed on or before the date of adoption of this Ordinance (October 21, 2014) that is less than 48 feet in height shall not be increased to a height of greater than 48 feet, and
(3)
Any structure that existed on or before the date of adoption of this Ordinance (October 21, 2014) that had a height of 48 feet or more, may continue as a legally established nonconforming structure with regard to structure height, and any portion of the structure may be increased in height, provided that the total height of the structure does not exceed the maximum height of the structure which existed on the date of adoption of this Ordinance (October 21, 2014).
Area #2 of the Downtown Commercial zoning district is identified on the map in this section [102-471 9)] entitled: Downtown Commercial Building Heights.
In Area #3 of the Downtown Commercial zoning district the following maximum height restrictions shall apply:
(1)
A new structure shall not exceed a height of 60 feet;
(2)
The height of a structure that existed on or before the date of adoption of this Ordinance (October 21, 2014) that is less than 60 feet in height shall not be increased to a height of greater than 60 feet, and
(3)
Any structure that existed on or before the date of adoption of this Ordinance (October 21, 2014) that had a height of 60 feet or more, may continue as a legally established nonconforming structure with regard to structure height, and any portion of the structure may be increased in height, provided that the total height of the structure does not exceed the maximum height of the structure which existed on the date of adoption of this Ordinance (October 21, 2014).
Area #3 of the Downtown Commercial zoning district is identified on the map in this section [102-471 9)] entitled: Downtown Commercial Building Heights.
*[8]. In the Waterfront Mixed Use 1 and Waterfront Mixed Use 2 zoning districts, the maximum height of a structure shall not exceed 35 feet, unless the City allows or allowed a structure height of greater than 35 feet pursuant to an adopted contract rezoning agreement; reference Chapter 102, Zoning, Article X, Contract Rezoning.
*[9]. This standard identifies how to determine the amount of rear setback required for structures located on a corner lot; a lot has frontage on two or more streets. Pursuant to the City Ordinances, a corner lot has only one street frontage for the purposes of determining the amount of front setback required for structures.
*[10]. In the Residential 3 zoning district, the maximum structure height shall be 55 feet for any structure located on Map 33, Lot 21, which is owned by Waldo County General Hospital, or any property which directly abuts this property which also is located in the Residential 3 zoning district which is acquired by Waldo County General Hospital and merged with this property (Map 33, Lot 21). (Footnote # 10 was adopted on October 21, 2014.)
*[11] In the Downtown Commercial zoning district, a property owner, pursuant to the contract rezoning process identified in Chapter 102, Zoning, Article X, Contract Rezoning, Division 5, Downtown Commercial zoning district, may request to divide or subdivide a property (lot) and building into two or more properties (lots) when one or more of the properties (lots) that are created by said division or subdivision do not satisfy the minimum lot size and/or minimum lot frontage requirements in effect for the Downtown Commercial zoning district. This provision only applies to a property on which the building that is proposed to be divided was constructed on or before July 16, 1985. (Footnote # 11 was adopted on June 21, 2016.)
*[A] Not Applicable
*[B] The required minimum front setbacks for structures in the Residential 1, Residential 2, and Residential 3 zoning districts is reflected in the Adopted Setback Map in Chapter 102 Zoning, Article V District Regulations, Division 31 Dimensional Standards, Section 102-900 as adopted October 7, 2014 and most recently amended on July 21, 2020.
*[C] Not Applicable
*[D] The limit on the maximum number of dwelling units that can be constructed in a single multi-family housing structure in any zoning district inside the bypass is 30, and the maximum number of bedrooms in a structure is 60.
*[E] Not Applicable
*[F] A property that is proposed to be developed as a single family residence with an accessory dwelling unit must comply with the Chapter 102, Zoning, Article IX, Performance Standards, Division 6, Supplemental Performance Standards for an Accessory Dwelling Unit.
*[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. 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 for zoning districts Inside the Bypass.
*[H] Not Applicable
*[I] A property that is proposed to be developed for a nonresidential use after February 7, 2023, 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, 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, All zoning districts Inside the Bypass 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, 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 Residential 1, Residential 2 and Residential 3 zoning districts for the Flex Housing approach if the property is connected to public sewer.
Minimum Size of Property
(net)
Maximum # of Dwelling Units
Maximum # of Dwelling Structures
7,500 sf
4
3
10,000 sf
5
3
12,500 sf
6
4
15,000 sf
7
4
17,500 sf
8
5
20,000 sf
9
5
If a proposed Flex Housing project involves the development of a property that is greater than 20,000 sf (net) in size, and the development of nine or more dwelling units and/or five 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 5,000 sf (net) in size. In no case, however, may a single structure have more than four dwelling units.
*[K] Residential, Flex housing, All zoning districts Inside the Bypass connected to 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, 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 3 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 2 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 9 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 Residential 1, Residential 2 and Residential 3 zoning districts for the Flex Housing approach if the property uses a subsurface system to manage wastewater disposal.
Minimum Size of Property
(net)
Maximum # of Dwelling Units
Maximum # of Dwelling Structures
20,000 sf
4
3
22,500 sf
6
4
25,000 sf
8
5
27,500 sf
10
6
30,000 sf
12
7
32,500 sf
14
8
If a proposed Flex Housing project involves the development of a property that is greater than one 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 2 additional dwelling units and one additional dwelling structure for each increment of 2,500 sqft (net). 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.