[10-6-2020]
The number of dwelling units that can be constructed on a property
that includes the development of multifamily housing shall be based
on net residential density. The following criteria shall not be included
in the calculation of the lot area to determine net residential density
and the maximum number of dwelling units that can be developed on
the property:
(a) Land that is situated below the high annual tide or normal high-water
mark of any water body.
(b) Land that is located within the 100-year flood plain as identified on the official Federal Emergency Management Agency flood maps adopted by the City of Belfast, reference Chapter
78, Floods. The Board, however, can consider information submitted by a registered land surveyor that demonstrates that the property in question lies at least two feet above the 100-year flood level.
(c) Land that is part of a publicly or privately owned street right-of-way
or easement.
(d) Land that is part of a utility easement that benefits an off-site
property or properties.
(e) Land meeting the definition of wetland or freshwater wetland as defined
by the State Department of Environmental Protection or the U.S. Army
Corps of Engineers.
(f) Land that has been created by filling or draining a pond or wetland.
(g) Land that is located on steep slopes that exceed a grade of 20%.