City of Belfast, ME Searsport Avenue Waterfront District

[1]

Editor's Note: Former Division 13, adopted 3-4-1997 by Ord. No. 28-1997, as amended 7-6-1999 by Ord. No. 1-1999, which contained provisions for the Waterfront III Eastside Harbor District, was repealed 6-5-2001 by Ord. No. 78-2001.

[Ord. No. 78-2001, 6-5-2001; Ord. No. 21-2006, 2-7-2006]

The City Planning Board shall review and make decisions regarding applications for the following types of uses in the Searsport Avenue Waterfront District:

(1)

Retail stores, provided that no single retail store (use) and no structure in which a retail store (use) or stores (uses) are located is greater than 20,000 square feet.

(2)

Shopping centers, including mixed use development (service, retail, restaurant, and/or office in same complex), provided that no single shopping center structure is greater than 20,000 square feet.

Service businesses.

Hotels and motels.

Restaurants.

Ice cream stands.

Professional offices and offices.

(8)

Office complexes.

(9)

Funeral homes.

(10)

Health care facilities.

(11)

Congregate retirement residential housing.

(12)

Multifamily housing, if on public sewer.

(13)

Planned unit development (residential and nonresidential).

(14)

Non-municipal public and quasi-public uses.

(15)

School, day nursery, institution of an educational, religious, philanthropic, fraternal, political or social nature; including as an accessory use to a permitted activity.

(16)

Indoor recreational activities and facilities.

(17)

Campgrounds.

(18)

Marinas and marine related businesses.

(19)

Boat building and boat storage.

(20)

Lobster pound and fish processing.

(21)

Water borne transportation and recreation.

(22)

Aquaculture.

(23)

Nurseries, green houses, landscaping businesses, tree farms and similar operations involved with the growing and selling of plant material. This use shall include the sale of machinery, materials, plants or similar items commonly associated with landscaping activities.

(24)

Accessory structures and accessory uses for uses for which the Planning Board can issue a permit for the principal use or principal structure.

(25)

Stealth telecommunications facilities.

[Ord. No. 78-2001, 6-5-2001]

(a)

Minimum lot size and minimum frontage requirements — Residential uses.

(1)

Any lot created on or after August 19, 2001, that is connected to City sewer and that is used for a single-family or two-family residential use, shall be a minimum of 15,000 square feet in size, and shall have a minimum of 150 feet of road frontage.

(2)

Any lot created on or after August 19, 2001, that is not connected to City sewer and that is used for a single-family residential use, shall be a minimum of 20,000 square feet in size and shall have a minimum of 150 feet of road frontage.

(3)

Any lot created on or after August 19, 2001, that is not connected to City sewer and that is used for a two-family residential use, shall be a minimum of 40,000 square feet in size, and shall have a minimum of 150 feet of road frontage.

(4)

Any lot that was created before August 19,2001, that does not comply with either or both the minimum lot size and minimum frontage requirements established in subsections (1)-(3), shall be considered a nonconforming lot of record, and may be used for a single-family or two-family residential use, subject to the provisions of the state plumbing code for subsurface wastewater disposal.

(5)

A lot, regardless of when it was created, that is used for a multifamily residential use established on or after August 19, 2001, shall be connected to public sewer, shall be a minimum of 1/2 acre (21,780 square feet) in size, and shall have a minimum of 150 feet of road frontage.

(6)

A lot that does not comply with any one or all standards identified in subsection (5), and that was used for a multifamily residential use before August 19, 2001, shall be considered a nonconforming use. This nonconforming use may continue, and may expand, subject to the requirements of article III, Nonconformance, of this chapter.

(b)

Minimum lot size and minimum frontage requirements — Nonresidential uses.

(1)

Any lot created on or after August 19, 2001, that is used for a nonresidential use shall be a minimum of one acre (43,560 square feet) in size, and the lot shall have a minimum of 150 feet of road frontage. The minimum size of such a lot, however, shall be greater than one acre, and the minimum amount of frontage, however, shall be greater than 150 feet, if warranted, to comply with the requirements of the article IX, division 4 performance standards, section 102-1242(a), (b) and (c).

(2)

A lot that was created before August 19, 2001, that does not comply with the minimum lot size and minimum lot frontage requirements identified in subsection (1), shall be considered a nonconforming lot of record, and shall be considered a buildable lot for a nonresidential use, provided that the lot complies, if warranted, with the requirements of the article IX, division 4 performance standards, section 102-1242(a), (b), (c), (d) and (e).

(c)

Minimum setback requirements.

(1)

The minimum setback requirements for a single-family or two-family dwelling use or structure and any accessory structure or use to these uses are as follows:

	Front: 30 feet;
	Side: 15 feet; and
	Rear: 15 feet.

(2)

The minimum setback requirements for a multifamily dwelling use or structure and any accessory structure or use to this use are as follows:

	Front: 30 feet;
	Side: 25 feet; and
	Rear: 25 feet.

(3)

The minimum front, side and rear setback requirements for a nonresidential use or nonresidential structure are identified in the article IX, division 4 performance standards (reference section 102-1243, minimum front setback requirements for nonresidential structures; section 102-1244, minimum side setback requirements for nonresidential structures; and section 102-1245, minimum rear setback requirements for nonresidential structures). The amount of front, side or rear setback required in sections 102-1243, 102-1244 and 102-1245, may vary in accordance with the section 102-1276 view protection standards for the Searsport Avenue Waterfront District, for the purposes of preserving public views of the water.

(4)

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, 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. 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.

(d)

Structure height. The maximum height of any structure shall be 35 feet.

(e)

Density standard. The following density standards shall apply to all residential uses in the Searsport Avenue Waterfront District. These density standards are subject to modification in accordance with the planned unit development requirements identified in subsection (f).

	Type of Use	Sewer
	Single-family	One unit in one structure per 15,000 square feet
	Two-family	Two units in one structure per 15,000 square feet
	Multifamily	Three units in one structure per 21,780 square feet and an additional 7,260 square feet for each additional unit

	Type of Use	Subsurface Wastewater Disposal
	Single-family	One unit in one structure per 20,000 square feet
	Two-family	Two units in one structure per 40,000 square feet
	Multifamily	Prohibited as a new use established after August 19, 2001

(f)

Residential and nonresidential planned unit development. In the case of a residential or non-residential planned unit development the above standards may be modified in accordance with the special provisions of article VI of this chapter. In addition, planned unit developments shall be reviewed under the subdivision ordinance.

The following maximum density standards shall apply to a residential planned unit development:

	Type of Use	Sewer
	Single-family	One unit in one structure per 10,000 square feet
	Two-family	Two units in one structure per 15,000 square feet
	Multifamily	Four units in one structure per 21,780 square feet and an additional 5,445 square feet for each additional unit

	Type of Use	Subsurface Wastewater Disposal
	Single-family	One unit in one structure per 20,000 square feet
	Two-family	Two units in one structure per 30,000 square feet
	Multifamily	Prohibited as a new use established after August 19, 2001

(g)

Lot coverage standards. Residential and nonresidential structures shall have a maximum lot coverage of 30% of the property. Lot coverage is defined as the amount of footprint of all structures, buildings only, and not including roads, driveways or parking areas, that are present on a property. However, if all or a portion of a property is located in the Shoreland Zone, the more restrictive definition of lot coverage (impervious surface coverage) identified in the Shoreland Zone, shall apply to the portions of the property that are in the Shoreland Zone. The amount of lot coverage for a nonresidential use may vary in accordance with the section 102-1276 view protection standards for the Searsport Avenue Waterfront District, for the purposes of preserving public views of the water.

(h)

Performance standards. All nonresidential uses proposed in the Searsport Avenue Waterfront shall comply with the article IX, division 4 nonresidential development performance standards. All residential uses proposed in the Searsport Avenue Waterfront District shall comply with the article VIII, divisions 2 and 3, and article IX, division 2, performance standards.