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City of Belfast, ME
Waldo County
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Table of Contents
Table of Contents
Code
New Laws (26) Index Notes (1)
[Ord. No. 8-1997, § 15(B)(1), 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) 
All new principal and accessory structures and expansions of existing principal and accessory structures shall satisfy the following minimum requirements.
District
Amount of Setback
(feet)
Maximum Height
(feet)
Lot Coverage
(percent)
(1)
Resource protection
100
35
20
(2)
Limited residential
1001
35
20
752
(3)
Urban residential
25
35
35
(4)
General development
25
50
70
(5)
Reserved
(6)
Stream protection
75
35
20
(7)
Stream development
25
50
70
(8)
Manufactured housing community
253
35
80
(9)
Waterfront development
04
354
1004
NOTES:
1
100 feet from Upper Mason Pond and the section of the Goose River that flows to this pond.
2
75 feet from all other waterbodies
3
In the Manufactured Housing Community District, no new or existing structure in the Swan Lake Mobile Home Park shall be located closer to the normal high mark of the Goose River than any existing manufactured housing unit, and the Park owner must demonstrate why any unit should be permitted to have a setback of less than 25 feet from the normal high water mark. For all other structures on all other properties in this district, the minimum structure setback shall be 25 feet from the normal high water mark.
4
In the Waterfront Development district, standards may be subject to the contract rezoning process established in this chapter and chapter 102, zoning, article x, division 4.
(b) 
The setback for all principal and accessory structures shall be measured from the normal high water line of the water body, tributary stream or upland edge of a wetland. The water body or wetland setback provision, however, shall neither apply to principal or accessory structures which require direct access to the water as an operational necessity, such as piers, docks and retaining walls, nor to other functionally water-dependent uses.
[1]
Editor's Note: Former Section 82-202, adopted 7-15-1997 by Ord. No. 8-1997, which contained provisions on maximum height, was repealed 1-6-2004 by Ord. No. 20-2004.
[Ord. No. 8-1997, § 15(B)(3), 7-15-1997]
The first-floor elevation or openings of all buildings and structures shall be elevated at least one foot above the elevation of the one-hundred-year flood, the flood of record, or, in the absence of these, the flood as defined by soil types identified as recent floodplain soils. All structures or substantially improved structures shall comply with chapter 78, article II. Basements which are not elevated at least one foot above the elevation of the one-hundred-year flood, the flood of record or, in the absence of these, the flood as defined by soil types identified as recent floodplain soils, may not be used for living space.
[Ord. No. 8-1997, § 15(C), 7-15-1997; Ord. No. 16-2000, 8-15-2000; Ord. No. 54-2003,[1] 6-17-2003; Ord. No. 3-2005, 7-20-2004]
(a) 
Piers, docks, wharfs, bridges and other structures and uses extending over or beyond the normal high-water line of a water body or within a wetland shall be subject to the following standards:
(1) 
Access from shore shall be developed on soils appropriate for such use and constructed so as to control erosion.
(2) 
The location shall not interfere with existing developed or natural beach areas.
(3) 
The facility shall be located so as to minimize adverse effects on fisheries.
(4) 
The facility shall be no larger in dimension than necessary to carry on the activity and be consistent with the existing conditions, use, and character of the area.
(5) 
The facility shall not encroach into, interfere with, or pose a hazard to navigational channels, and shall not extend within 25 feet of the established channels in Belfast harbor.
(6) 
The facility shall not interfere with access to and from existing mooring and berthing areas for both commercial and recreational uses in Belfast harbor.
(7) 
The facility shall not displace or eliminate existing mooring and berthing areas, both public and private, for commercial and recreational uses in Belfast harbor.
(8) 
The facility shall not interfere with public access to and use of the waters of Belfast harbor, including public rights of way and public and private launching ramps and related facilities.
(9) 
All points and location of the facility shall comply with the following wharf line restrictions for Belfast harbor established in City code of ordinances, marine activities, section 30-95:
Harbor District
Distance Standard
a.
Coastal harbor
300 feet from normal high water
b.
Outer harbor
200 feet from normal high water
c.
Inner harbor
c.1
West side of harbor
100 feet from normal high water
c.2
East side of harbor
100 feet from normal high water
d.
Bridge
d.1
West side of harbor
25 feet from the designated navigational channel
d.2
East side of harbor
100 feet from normal high water mark for structures connected to shore. 25 feet from the designated navigational channel for structures connected to the foot bridge.
e.
River
100 feet
(10) 
The facility shall not interfere with or pose a hazard to navigation by obscuring visibility or by the display of distracting lights. The facility, if deemed appropriate, shall display appropriate warning lights to aid in navigation and public safety.
(11) 
No new structure shall be built on, over or abutting a pier, wharf, dock or other structure extending beyond the normal highwater line of a water body or within a wetland unless the structure requires direct access to the water as an operational necessity.
(12) 
No existing structures built on, over or abutting a pier, dock, wharf or other structure extending beyond the normal highwater line of a water body or within a wetland shall be converted to residential dwelling units in any district, nor shall any existing use be changed or expanded without Planning Board approval.
(13) 
Except in the General Development District and Waterfront Development District, structures built on, over or abutting a pier, wharf, dock or other structure extending beyond the normal high-water line of a water body or within a wetland shall not exceed 20 feet in height above the pier, wharf, dock or other structure.
(b) 
Permanent structures projecting into or over water bodies shall require a permit from the state department of environmental protection pursuant to the Natural Resources Protection Act, 38 M.R.S.A. § 480-C.
(c) 
The Belfast Harbor Committee, as stipulated in section 82-54(5), shall provide a recommendation to the Planning Board regarding the standards identified in this section.
[1]
Editor's Note: This ordinance also renumbered former Sections 82-204 and 82-205 as Sections 82-205 and 82-206, respectively. This ordinance also renumbered former Section 82-206 as Section 82-204.
[1]
Editor's Note: Former Section 82-205, adopted 7-15-1997 by Ord. No. 8-1997, as amended 8-15-2000 by Ord. No. 16-2000 and 6-17-2003 by Ord. No. 54-2003, which contained provisions on lot coverage, was repealed 1-6-2004 by Ord. No. 20-2004.
[Ord. No. 8-1997, § 15(B)(5), 7-15-1997; Ord. No. 54-2003, 6-17-2003]
Notwithstanding the requirements otherwise stated in this division, stairways or similar structures may be allowed, with a permit from the code enforcement officer, to provide shoreline access in areas of steep slopes or unstable soils, provided that the structure is limited to a maximum of four feet in width, that the structure does not extend below or over the normal high-water line of a water body or upland edge of a wetland (unless permitted by the state department of environmental protection pursuant to the Natural Resources Protection Act, 38 M.R.S.A. § 480-C), and that the applicant demonstrates that no reasonable access alternative exists on the property.
[Ord. No. 3-2005, 7-20-2004]
(a) 
An applicant may request the use of contract rezoning to determine the configuration of a pier, dock, or other structure projecting into or over a waterbody or wetland that is located in the Inner Harbor, provided the property is located in both the Waterfront Mixed Use zoning district and the Waterfront Development shoreland district. The Harbor Committee and Planning Board shall use the process established in chapter 102, article X, division 4, to review and make a decision regarding the application. The factors the Harbor Committee and Planning Board shall consider to determine the appropriateness of a request to use contract rezoning are as follows:
(1) 
The acceptability of the soils on which a structure is located to support the proposed use and to control erosion.
(2) 
The location of the structure and its impact on existing developed or natural beach areas.
(3) 
The amount of adverse impact the facility may have on fisheries, and measures the applicant can implement to minimize adverse effects on fisheries. The committee or board may require an applicant to prepare an analysis of potential impacts on fisheries which the committee and board can review in rendering its decision.
(4) 
The dimensions of the facility and the need for such dimensions to carry on the activity. The committee and board, in rendering its decision, shall consider if proposal is consistent with the existing conditions, use, and character of the area, and plans and policies adopted by the Harbor Committee and City for this area.
(5) 
The impact the proposed facility may have on safe use of the navigational channel. In no case, however, shall any structure extend within 25 feet of the established navigational channel for Belfast harbor.
(6) 
The impact the proposed facility may have on access to and from existing mooring and berthing areas for both commercial and recreational uses in Belfast harbor, and measures the applicant can implement to minimize or avoid such impacts.
(7) 
The impact the proposed facility may have on the displacement or elimination of existing mooring and berthing areas, both public and private, for both commercial and recreational uses in Belfast harbor, and measures the applicant can implement to minimize, avoid or rectify such impacts.
(8) 
The impact the proposed facility may have on public access to and use of the waters of Belfast harbor, including public rights of way and public and private launching ramps and related facilities, and measures the applicant can implement to minimize, avoid or rectify such impacts. The Harbor Committee or Planning Board, in particular, such consider improvements an applicant shall make to the Belfast coastal walk and foot bridge, and the connectivity between such public facilities, in considering public access issues.
(9) 
The distance the proposed facility is located from the normal high water mark and the designated navigational channel, and the necessity to extend the facility beyond the one-hundred-foot wharf line from the normal high water specified in 82-204(9). All facilities, however, must be a minimum of 25 feet from the navigational channel.
(10) 
The impact or degree of hazard a proposed facility may pose on navigation, either by obscuring visibility or by the display of distracting lights, and measures the applicant can implement to minimize or avoid such impacts and facilities that can be constructed to aid in navigation and public safety.
(11) 
The need of the proposed facility for direct access to the water as an operational necessity. The committee or board may require the applicant to conduct an alternatives analysis for a proposed facility.
(12) 
The proposed height of any structure built on a pier or dock and the need for such height as a functional necessity of the project.
(13) 
State and federal requirements for the proposed facility and conditions such agencies may require in allowing a project.
(b) 
Permanent structures projecting into or over water bodies shall require a permit from the state department of environmental protection pursuant to the Natural Resources Protection Act, 38 M.R.S.A. § 480-C.
(c) 
The Belfast Harbor Committee, as stipulated in section 82-54(5), and chapter 102, article X, division 4, shall provide a recommendation to the Planning Board regarding the standards identified in this section.