[Ord. No. 8-1997, § 9, 7-15-1997; Ord. No. 16-2000, 8-15-2000; Ord. No. 20-2004, 1-6-2004; Ord. No. 3-2005, 7-20-2004; Ord. of 3-31-2011]
(a)
Districts established. The areas to which this chapter is applicable
are hereby divided into the following districts as shown on the official
shoreland zoning maps, which are made a part of this chapter:
(b)
Scale of maps. The official shoreland zoning maps shall be drawn
at a scale of not less than one inch equals 2,000 feet. District boundaries
shall be clearly delineated and a legend indicating the symbols for
each district shall be placed on the maps.
(c)
Certification and location of maps. The official shoreland zoning
maps shall be certified by the attested signature of the City Clerk
and shall be located in the City offices.
(d)
Changes to maps. If amendments, in accordance with section 82-9, are made in the district boundaries or other matter portrayed on the official shoreland zoning maps, such changes shall be made on the official shoreland zoning maps within 30 days after the amendment has been approved by the state board of environmental protection.
(e)
Official Shoreland Zoning Map. The City of Belfast has adopted the attached map as the Official Shoreland Zoning Map of the City of Belfast. Pursuant to requirements of the State of Maine Mandatory Shoreland Zoning Law, the Commissioner of the State Department of Environmental Protection, has reviewed and approved the Official City Shoreland Zoning Map. This Shoreland Zoning Map is provided to assist readers of the Ordinance in the interpretation and application of information in Chapter 82, Shoreland, particularly Article IV, Districts, and the Article V, Land Use Standards. The attached map reflects all Chapter 82, Shoreland Zoning ordinances adopted by the City of Belfast through March 31, 2011, which is the last date for which updates have been provided to the City Code of Ordinances on the Municipal Code Corporation website.
[Ord. No. 8-1997, § 10, 7-15-1997; Ord. No. 20-2004, 1-6-2004]
(a)
Unless otherwise set forth on the official shoreland zoning maps,
district boundary lines are property lines, the centerlines of streets,
roads and rights-of-way, and the boundaries of the shoreland area
as defined in this chapter.
(b)
The depiction of the shoreland overlay districts on the shoreland
overlay district maps for the City are merely illustrative of their
general location. The boundaries of these districts shall be determined
by measurement of the horizontal distance from the normal high-water
line of the water body or the upland edge of wetland vegetation, regardless
of the location of the boundary shown on the maps. Where uncertainty
exists as to the exact location of district boundary lines, the Zoning
Board of Appeals shall be the final authority as to the location.
(c)
The boundaries of wetlands and other waterbodies, and all measurements
taken from such boundaries are subject to field verification to determine
their exact location.
(d)
Any wetland, stream or other water body that is not shown on the
official shoreland zoning map is not subject to the requirements of
this chapter.
[Ord. No. 8-1997, § 12, 7-15-1997]
Except as specified in this chapter, no building, structure
or land shall hereafter be used or occupied, and no building or structure
or part thereof shall hereafter be erected, constructed, expanded,
moved, or altered, and no new lot shall be created, except in conformity
with all of the regulations specified in this chapter for the district
in which it is located, unless a variance is granted.
[Ord. No. 8-1997, § 13, 7-15-1997; Ord. No. 16-2000, 8-15-2000; Ord. No. 20-2004, 1-6-2004; Ord. No. 3-2005, 7-20-2004]
(a)
Resource Protection District. The Resource Protection District includes
all areas depicted on the official shoreland zoning map as Resource
Protection District. The Resource Protection District generally includes
areas that are undeveloped and in which development would adversely
affect water quality, productive habitat, biological ecosystems, or
scenic and natural values. This district shall include the following
areas when they occur within the limits of the shoreland zone, exclusive
of the Stream Protection District, and excepting areas which are currently
developed and areas which meet the criteria for Limited Residential,
Urban Residential, General Development, Commercial Fisheries/Maritime
Activities, Stream Development or Manufactured Community Housing Districts:
(1)
Areas within 250 feet, horizontal distance, of the upland edge
of freshwater wetlands, salt marshes and salt meadows, and wetlands
associated with great ponds and rivers, which are rated "moderate"
or "high" value by the state department of inland fisheries and wildlife
as of January 1, 1973.
(2)
Floodplains along rivers, floodplains along artificially formed
great ponds along rivers, and floodplains adjacent to tidal waters
as defined by the one-hundred-year floodplain as designated on the
Federal Emergency Management Agency's flood insurance rate maps or
flood hazard boundary maps.
(3)
Areas of two or more contiguous acres with sustained slopes
of 20% or greater.
(4)
Areas of two or more contiguous acres supporting wetland vegetation
and hydric soils, which are not part of a freshwater or coastal wetland,
and which are not surficially connected to a water body during normal
spring high water.
(5)
Land areas along rivers subject to severe bank erosion, undercutting,
or river bed movement and lands adjacent to tidal waters which are
subject to severe erosion or mass movement, such as steep coastal
bluffs.
(b)
Limited Residential District. The Limited Residential District includes
those areas depicted on the official shoreland zoning map as Limited
Residential District. Such areas are generally suitable for residential
and recreational development.
(c)
Urban Residential District. The Urban Residential District includes
those areas depicted on the official shoreland zoning map as Urban
Residential District. These areas have experienced dense residential
development and most, if not all properties are served by City water
and City sewer.
(d)
General Development District. The General Development District includes
those areas depicted on the official shoreland zoning map as General
Development. The General Development District generally includes areas
devoted to commercial, industrial or intensive recreational activities,
or a mix of such activities, and areas devoted to functionally water
dependent uses. Portions of the General Development District may also
include residential development. However, no area shall be designated
as a General Development District based solely on residential use.
(e)
(Reserved)
(f)
Stream Protection District. The Stream Protection District includes
those areas depicted on the official shoreland zoning map as Stream
Protection District. This District generally includes all land areas
within 75 feet, horizontal distance, of the normal high-water line
of a stream, exclusive of those areas within 250 feet, horizontal
distance, of the normal high-water line of a great pond, river or
saltwater body, or within 250 feet, horizontal distance, of the upland
edge of a freshwater or coastal wetland. Where a stream and its associated
shoreland area are located within 250 feet, horizontal distance, of
such water bodies or wetlands, that land area shall be regulated under
the terms of the shoreland district associated with that water body
or wetland.
(g)
Stream Development District. The Stream Development District is reserved
for areas that would qualify to be included in the Stream Protection
District, but which have experienced development, particularly nonresidential
development, located within 75 feet of the normal high water mark
of the stream. The uses permitted and standards that apply to development
in the Stream Development District are intended to better reflect
existing development patterns than those which apply to the Stream
Protection District. The City's intent is to recognize existing development
patterns by allowing appropriate opportunities for existing development
to expand, or new development to be consistent with past development.
(h)
Manufactured Housing Community District. The Manufactured Housing
Community District is a Shoreland District that is unique to the City
of Belfast. The district applies only to the following properties,
parcels 3, 4, 5 and 6 identified on City Tax Map 21 (boundaries as
existed on October 7,2003). All of these parcels directly abut the
Goose River. The Swan Lake Mobile Home Park is located on parcels
4 and 6, and a manufactured housing sales office is located on parcel
5.
This area is unique in that it was developed as the Swan Lake
Home Park in the 1960's, prior to the enactment of the State Shoreland
Zone law, and little of the current development complies with either
shoreland requirements or state and City requirements that apply to
manufactured housing communities. The intent of this district is to
provide flexibility to allow an applicant to adapt the current uses
on the current sites to make more efficient use of their property.
For example, the Swan Lake Mobile Home Park is licensed for 48 units.
This district's regulations would permit an applicant to relocate
manufactured housing units in the park, provided there was no expansion
in the number of units and no unit was located closer to the river
than any existing unit. Public water is now available to this area,
and public sewer should be available in 2004.
(i)
Waterfront Development. The Waterfront Development District includes
those areas depicted on the official shoreland zoning map as the Waterfront
Development District. The district shall include all property located
easterly of River Avenue and Front Street between the City Steamboat
Landing property to the south, and the Veterans Memorial Bridge to
the north. The purpose of this district is allow intensive land uses,
particularly functionally water dependent uses, and to encourage existing
patterns of development, recognizing that this area is the only working
waterfront area that remains in Belfast.
[Ord. No. 8-1997, § 14, 7-15-1997; Ord. No. 16-2000, 8-15-2000; Ord. No. 54-2003, 6-17-2003; Ord. No. 20-2004, 1-6-2004; Ord. No. 3-2005, 7-20-2004; Ord.
No. 3-2005, 7-20-2004]
(a)
All land use activities as indicated in Table 1[1] shall conform with all of the applicable land use standards in article V of this chapter. The district designation for a particular site shall be determined from the official shoreland zoning maps.
[1]
Editor's Note: Table 1, Land Uses in the Shoreland Zone, is
included as an attachment to this chapter.
(b)
A person performing any of the following activities shall require
a permit from the state department of environmental protection, pursuant
to 38 M.R.S.A. § 480-C, if the activity occurs in, on, over
or adjacent to any freshwater or coastal wetland, great pond, river,
stream or brook and operates in such a manner that material or soil
may be washed into them:
