[1]
Editor's Note: Former Division 4, adopted 3-4-1997 by Ord.
No. 28-1997, as amended, which contained provisions for the Residential/Agricultural
I District, was repealed 4-6-2010.
[Ord. of 4-6-2010(2)]
Permitted uses in the Residential/Agricultural I District are
as follows:
(1)
Residential uses (single-family and two-family), including manufactured
housing units.
(2)
Agricultural uses, including the keeping of farm animals and pleasure
animals, agricultural processing, forest management activities, timber
harvesting, and horticultural uses, excluding slaughter-houses and
factories, piggeries or raising of poultry for commercial purposes.
(3)
Accessory uses and structures.
(4)
Recreational or community activities except those operated for profit.
In the case of any such activity which operates a restaurant, the
hours of operation of the restaurant do not begin before 5:00 a.m.
and end no later than 10:00 p.m. The Belfast Curling Club, which is
located at Map 2, Lot 87A, is specifically exempt for this provision.
(5)
Municipal uses deemed necessary by the City Council, but, prior to
taking such action thereon, the council shall hold a public hearing
for which 10 days' notice shall be given.
(6)
Essential services.
(7)
Accessory uses, including yard sales on no more than 10 days in any
calendar year.
[Ord. of 4-6-2010(2)]
Permitted uses requiring Planning Board review in the Residential/Agricultural
I District are as follows:
(1)
Home occupation (expanded definition).
(2)
Farm stand, crafts sales.
(3)
Small convenience stores. In the case of a convenience store which
operates a restaurant, the hours of operation of the restaurant to
the public do not begin before 5:00 a.m. and end no later than 10:00
p.m. The Belfast 52 Variety Convenience Store that is located at Map
1, Lot 72, is specifically exempt from the hours of operation restriction
on a restaurant.
(4)
Boatbuilding, boat repair and boat storage.
(5)
Car repairs.
(6)
Restaurants, provided that the hours of operation to the public do
not begin before 5:00 a.m. and end no later than 10:00 p.m. The Boots
and Britches Restaurant/Lounge, which is located at Map 6, Lot 87A,
is specifically exempt from the hours of operation restriction on
a restaurant.
(7)
Funeral homes.
(8)
Bed and breakfast, including class 1, class 2 and class 3.
(9)
Group home, hospice, nursing home, and congregate retirement residential
housing provided the owner resides on the lot and maintains the residence
as his primary residence.
(10)
Day nurseries, and institutions of an educational, religious,
philanthropic, fraternal, political or social nature. In the case
of any such organization which operates a restaurant, the hours of
operation of the restaurant do not begin before 5:00 a.m. and end
no later than 10:00 p.m. The Belfast Curling Club, located at Map
2, Lot 29A, is specifically exempt from the hours of operation restriction
on a restaurant.
(11)
Boarding/lodging establishments, provided the owner resides
on the lot and maintains the residence as his primary residence.
(12)
Kennels, stables, and veterinary hospitals.
(13)
Telecommunications facilities and stealth telecommunications
facilities.
(14)
Cemeteries.
(15)
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 (subject to review under the provisions of Chapter 90, no matter what the size of the nonvegetated area).
(16)
Wood lot management and on-site firewood processing.
(17)
Residential planned unit development and cluster housing development
project, including the following types of such development:
(18)
Recreational activities operated for profit. In the case of
any such activity which operates a restaurant, the hours of operation
of the restaurant do not begin before 5:00 a.m. and end no later than
10:00 p.m.
(19)
Storage facilities.
(20)
Laundromat facilities.
(21)
Professional offices, provided that the maximum floor area of
any new structure (structure built on or after March 16, 2005) in
which a professional office is located is 4,000 square feet, and provided
that a maximum of one new structure in which a professional office
or other non-residential use is operated is located on the minimum
lot size specified in (b)(4). A structure built on or before March
15, 2005, regardless of its size or floor area, can be used for a
professional office, provided there is no increase in the amount of
usable floor area for a structure that has 4,000 square feet or more
of floor area. Also, an existing structure is exempt from the minimum
lot size specified in (b)(4) below.
[Ord. of 4-6-2010(2)]
[Ord. of 4-6-2010(2)]
(a)
The general performance standards of Article IX of this chapter shall apply in the Residential/Agricultural I District.
(b)
The following standards shall apply:
(1)
Maximum density is one net acre per dwelling structure, or two
net acres per dwelling structure for subdivisions. Subdivision developments
must submit two concept plans prior to the submission of a preliminary
plan.
(2)
Minimum lot frontage is 100 feet.
(3)
The minimum side and rear setback is 15 feet.
(4)
The minimum lot size for a property that is used for a nonresidential use shall be two net acres for each nonresidential structure located on the property. Further, a maximum of one nonresidential structure shall be located on any two-acre section of a property. Agricultural uses, subsection 102-361(2), municipal uses, subsection 102-361(5), boat building, storage and repair uses, subsection 102-362(4), and storage facilities, subsection 102-362(19), shall be exempt from this standard.
(c)
The minimum front setback shall be 30 feet. All setbacks shall be
measured from the property line, and the applicant shall be responsible
for verifying that all setback requirements are met. The applicant
and the code enforcement officer or Planning Board may use a MDOT
or City road layout or right-of-way, a property deed or similar information
to determine the minimum amount of setback required. In cases where
the right-of-way width and the specific location of the property boundaries
are unavailable or uncertain, the minimum front setback shall be 35
feet from the center of the traveled way. The code enforcement officer
or Planning Board, however, may require the applicant to provide a
survey to identify property lines and setback requirements if either
deems that a survey is necessary to verify the applicant's representations.
[Ord. of 4-6-2010(2)]
In the case of planned unit development and cluster housing development in the Residential/Agricultural I District, the standards in section 102-364 may be modified in accordance with the special provisions of Article VI, Division 1 of this chapter. In addition, a planned unit development and cluster housing development project shall be reviewed under the subdivision ordinance. A cluster housing project will limit construction to an overall maximum density of two dwelling units per net acre with a minimum of 30% of the total project area reserved for open space.
[Ord. of 4-6-2010(2)]
In the case of a rural affordable housing development project subject to review pursuant to the Article VI, Division 2 process and requirements, the Planning Board shall determine the maximum number of dwelling units permitted. In no case, however, may the maximum number of dwelling units allowed for a project exceed seven.
[Ord. of 4-6-2010(2)]
Only those uses specifically listed as permitted uses or permitted
uses requiring Planning Board review are allowed within the Residential/Agricultural
I District. All other uses are excluded.
