Belfast City Zoning Code

(Reserved)[1]

Office Park zoning district. An application to establish any retail use or structure, or any shopping center that includes a retail use, on a property identified as Map 5, Lot 7, (as depicted on City Tax Assessor maps in effect on July 1, 2022) that exceeds the size standards identified in Division 16, Northwesterly of Bypass and Outside Rural Districts, Office Park zoning district, Section 102-604, Use Table, Uses 70) and 71), shall require review pursuant to the contract rezoning process identified in this Division. In accordance with applicable Section 102-604 standards, the maximum size of any single retail use, the total amount of retail use, or any structure, structures, or shopping center in which said retail uses are located on Map 5, Lot 7, shall be 75,000 square feet.

Route 3 Commercial zoning district. Pursuant to the standards identified in Division 16, Northwesterly of Bypass and Outside Rural Districts, Section 102-604, Use Table, Uses 70) and 71), in Area 2 of the Route 3 Commercial District (reference Article IV, District Descriptions, for a depiction and description of Area 2 in the Route 3 Commercial District), an application to establish a retail use that offers general merchandise, clothing and/or groceries for sale that is greater than 75,000 square feet in size, or any structure or shopping center in which there is a maximum of one such retail use that is greater than 75,000 square feet in size, shall require review pursuant to the contract rezoning process identified in this Division.

(Reserved)[2]

(Reserved)[3]

Contract Rezoning, Route 3 Commercial District. An application identified in Section 102-138(3) shall be subject to the contract rezoning process identified in Sections 102-1385 through 102-1388, including preparation of a Comprehensive Economic and Community Impact Study. An adopted contract rezoning agreement shall identify conditions that an applicant must satisfy, reference Sections 102-1389 and 1390.

Contract Rezoning, Office Park District. An application identified in Section 102-1383(2) shall be subject to the contract rezoning process identified in Sections 102-1386 through 102-1388. The Sketch Plan process identified in Section 102-1385 shall not apply, nor is a Comprehensive Economic and Community Impact Study required. An adopted contract rezoning agreement shall identify conditions that an applicant must satisfy, reference Sections 102-1389 and 1390.

Applicant submission. The applicant shall submit a Sketch (concept) Plan of its Site Plan application that describes the proposed project and identifies its proposed layout to the Planning and Codes Department. The main purposes of a Sketch Plan application and City review of this application are as follows:

Meeting schedule and public notice. The Planning and Codes Department shall review the Sketch Plan application and determine if sufficient information has been submitted to schedule the application for a joint meeting with the City Council and Planning Board. The Department shall determine if an application is complete within 30 days of receipt of the application. If the Department deems an application is complete, it shall take the following actions:

Joint City Council and Planning Board meeting and hearing. The City Council and Planning Board shall meet in a joint session(s), which the Mayor shall chair. The joint bodies shall conduct a public hearing, review the Sketch (concept) Plan application, and provide direction to the applicant regarding major issues associated with project development, including the preparation of a Comprehensive Economic and Community Impact Study reference Section 102-1385(d). The intent is to achieve a mutual understanding among the Council, Planning Board, and applicant regarding the project development. The joint bodies, at the conclusion of the Sketch Plan review process, shall issue a written finding that describes direction provided to the applicant, information the applicant must submit for subsequent project reviews, and that references public comment offered at the public hearing. The finding also shall incorporate the Council's decision on the Comprehensive Economic and Community Impact Study.

Comprehensive Economic and Community Impact Study.

Preliminary plan review process.

Planning Board review of application. The Planning Board shall conduct a review of the Preliminary Plan application within 30 days of its receipt of a complete application, and shall conduct a public hearing to accept public comment. The Board shall provide notice of the hearing to the public and to project abutters pursuant to procedures identified in Section 102-1385(b). The purpose of the Preliminary Plan review is to determine if and how best the applicant and the proposed project can address concerns regarding development of the site. The Board, in conducting its review, shall consider environmental impacts associated with the project development standards identified in Chapter 90, Site Plan, and the goal statements identified in Section 102-1391. The Board must vote to accept or reject the Preliminary Plan and shall act within 60 days of receipt of a complete Preliminary Plan, unless both parties agree in writing to an extension of time. The Board shall prepare a written finding that describes its decision.

Notwithstanding the notification requirements identified in Section 102-1385(b), the Chair of the Planning Board shall have the authority to recess a public hearing and to reconvene said hearing at a subsequent meeting. No specific notification requirements shall apply to a hearing that is recessed by the Chair and reconvened, however, the Department, to the greatest extent practical, shall provide advance notice of the hearing on the City website and by posting notice in City Hall.

In-Town Design Review Committee review of application.

Decision on Preliminary Plan. The Planning Board shall vote to approve or deny the Preliminary Plan.

Final plan review process. The applicant shall submit a Final Plan within six months of approval of a Preliminary Plan. The applicant shall provide all information required for a Final Plan in accordance with Chapter 90, Site Plan, the requirements of this Division, and additional information requested by the Planning Board or City Council in its review of the Preliminary Plan.

Planning Board review of application. The Planning Board shall conduct a review of the Final Plan application within 30 days of its receipt of a complete application, and shall conduct a public hearing to accept public comment. The Planning Board shall provide notice of the hearing to the public and to project abutters pursuant to procedures identified in Section 102-1385(b). The Planning Board shall determine if the applicant proposal satisfies all requirements specified in this Division and the unique characteristics of the site, the area, and the community, in deciding to recommend to the City Council to approve, to approve with conditions, or to reject a Final Plan or a contract rezoning proposal. The Planning Board shall consider environmental impacts associated with project development in conducting its review, and in making its findings with respect to the estimated overall effects of the project, the Planning Board shall incorporate the findings of the City Council on the Community and Economic Impact Assessment Study, if said Study was required. The Planning Board shall make its decision within 60 days of receipt of a complete Final Plan, unless both parties agree to an extension of time.

Notwithstanding the notification requirements identified in Section 102-1385(b), the Chair of the Planning Board shall have the authority to recess a public hearing and to reconvene said hearing at a subsequent meeting. No specific notification requirements shall apply to a hearing that is recessed by the Chair and reconvened, however, the Department, to the greatest extent practical, shall provide advance notice of the hearing on the City website and by posting notice in City Hall.

Planning Board recommendation on Final Plan. The Planning Board shall submit its recommendation to the City Council regarding the contract rezoning proposal. If the Board recommendation is to approve a contract or approve a contract with conditions, the Board shall prepare and submit a proposed rezoning contract to the City Council for their review and consideration as an amendment to Chapter 102, Zoning. If the Board recommendation is to deny the project, the Board shall prepare a recommendation in writing that describes why the Board found that the project should be denied. The Planning Board shall prepare written findings of fact that describe its recommendation. The findings of fact shall address the issues identified in Section 90-42, the goals identified in Section 102-1390, and its assessment of the Community and Economic Impact Assessment Study. The findings of fact shall identify why this project is or is not appropriate for a contract rezoning proposal.

City Council review process. The Planning Board decision regarding a contract rezoning application shall be submitted to the City Council within 30 days of the Planning Board action. The City Council shall schedule the proposed contract rezoning application for public consideration in accordance with the First Reading and Second Reading process for adoption of an amendment to this Chapter. The Council shall provide public notice of the proposal as is customary for an amendment to this Chapter, and shall provide notice of any public hearings pursuant to procedures identified in Section 102-1385(b).

Notwithstanding the notification requirements identified in Section 102-1385(b), the Mayor shall have the authority to recess a public hearing and to reconvene said hearing at a subsequent meeting. No specific notification requirements shall apply to a hearing that is recessed by the Mayor and reconvened; however, the Department, to the greatest extent practical, shall provide advance notice of the hearing on the City website and by posting notice in City Hall.

Council decision on contract rezoning application. If the Council votes to approve the contract rezoning agreement, subject to any amendments or conditions negotiated by the Council, the contract agreement is adopted as an amendment to Chapter 102, Zoning. If the Council votes to deny a proposed contract rezoning agreement, this decision shall be considered the final decision of the City regarding this application. The City Council reserves the right to approve, modify or reject any application under contract rezoning in its sole discretion.

The Council, in making its decision, shall vote to adopt, modify or reject the Planning Board's findings of fact, and shall prepare its own findings of fact that describe its decision. The Council's findings shall address factors identified in the Community and Economic Impact Assessment Study, if said Study was required, and may include the Council making a final decision with respect to this Study if it chooses to defer the decision required of the Council identified in Section 102-1385(d)(4)b2.

An adopted contract rezoning agreement runs with the land and specific property and any heirs, successors or assigns. The applicant for which a contract rezoning agreement is approved, has two years to initiate development of the site, and five years to initiate retail sales activity. Failure to accomplish either will result in the voiding of the contract rezoning agreement and amendment to this Chapter. The Council, however, shall have the right to extend the approval for additional periods not to exceed a total of more than one year at any one time.

Recording of contract rezoning amendment (agreement). The applicant shall record an approved contract rezoning amendment (agreement) to Chapter 102, Zoning, in the Waldo County Registry of Deeds within 60 days of its approval by the City Council. Failure to so record may be remedied by an affirmative vote of ratification by the City Council.

Mandatory conditions. All contract rezoning proposals shall:

Discretionary conditions. The Planning Board may recommend and City Council may adopt discretionary conditions that address the goals identified in Section 102-1391 of this Division, and the unique characteristics of how the proposed development shall occur on the proposed site. It is expressly understood that the role of the Planning Board and the City Council in reviewing any proposal for the development of a project subject to the contract rezoning process is to ensure that the proposed development successfully addresses potential impacts on the community's character, services, infrastructure, economy, and residents. Thus, the Planning Board and the City Council shall have broad discretion in identifying specific conditions of approval to allow a contract rezoning agreement for a specific site and project.

Traffic impact assessment. The applicant shall retain a qualified traffic engineer to examine traffic impacts for all key intersections and roadways identified by the Planning Board, City Council or Maine Department of Transportation. The applicant will perform this study as part of the Sketch Plan review process for a project in the Route 3 Commercial District, and as part of the Preliminary Plan review process for a project in the Office Park District. Base line traffic, estimated traffic resulting from this project, estimated traffic resulting from projected ancillary development to this project, estimated annual average background growth in traffic and growth trends for start-up and build-out of the site and surrounding area shall be considered in this assessment. To the greatest extent practical, traffic volumes shall be projected for a minimum period of five-years, with identification of present and future levels of service and suggested mitigating measures. The assessment also shall include a qualitative analysis regarding how this increase in traffic will generally affect drive-times for residents living in areas directly affected by the projected development.

Road improvements. The applicant shall construct improvements to existing municipal or state road infrastructure, or pay a fee to the City or State to construct improvements to mitigate traffic impacts identified in the traffic impact assessment and/or as identified by the City traffic engineer, Planning Board, City Council, or Maine Department of Transportation. Traffic improvements shall consider present and future traffic volumes.

Pedestrian and bicycle circulation. The applicant shall fully consider how to accommodate pedestrian and bicycle circulation, both within the project site and to the project site via adjacent public ways, and shall incorporate measures in their plan to address this issue. Said measures may include the construction of off-site improvements or paying a fee to the City or State to construct identified improvements.

Nonresidential structure design requirements. The applicant shall carefully consider and address the orientation of the building to public roads, scenic vistas, site circulation, other buildings on the site, natural site characteristics, and surrounding properties in their proposal. All buildings shall be of a high quality design. The City may engage professional architectural services to assist in its review of the layout of the site and design of the buildings. The applicant shall be responsible for any costs incurred by the City in using such architectural services.

Parking areas. The amount of parking shall generally comply with the requirements of the Chapter 98, Technical Standards, unless such standards are modified by the City Council, as may be recommended by the Planning Board. The layout of parking areas shall be accomplished in parking cells that are attractively landscaped and functional. The parking lot layout shall emphasize pedestrian circulation and safety. The location of parking in relation to buildings shall complement the overall site layout, and shall be separated from the main internal access drive.

Access drive layout. The main access drive shall be designed in a manner that provides well-functioning connections to public roads, good quality internal site circulation, and that recognizes the natural characteristics of the site. In designing the access drive, the City and applicant shall consider and analyze opportunities for the development of adjacent sites, either through the construction of the road or reservation of a right-of-way. In most cases, the preferred option is connection to multiple sites. The City may require the applicant to dedicate a main access drive to the City, if the City determines that the proposed access drive offers public benefit.

Signs. All signs shall complement the site and structure development and shall be in proportion to the structure(s). Common signage patterns within the development shall be encouraged.

Community and Economic Impact Assessment Study. The City will assess and consider the impact of the proposed development on issues such as the amount of impact on municipal facilities and services, the amount of tax revenue generated verses new estimated municipal expenditures, and the impact of the project on the local economy, including existing retail operations; reference requirements of Section 102-1385(d)(2) for the factors that will be considered in the Community and Economic Impact Assessment Study. The Council decision regarding the Community and Economic Impact Assessment Study shall serve as the finding with respect to this criteria. A Community and Economic Impact Assessment Study is not required for a project in the Office Park District, but is required for a retail use greater than 75,000 square feet or such a retail use located in a shopping center that is located in Area 2 of the Route 3 Commercial District.

Utilities. The applicant shall identify the layout of all proposed utilities, and if practical and warranted, shall provide the opportunity for service extensions to adjacent properties.

Noise. The project shall not produce levels of noise that cause significant negative impacts on surrounding uses and properties. The standards identified in the Chapter 102, Zoning, Article IX, Performance Standards, Division 3, Route 3 Commercial, Section 102-1193, Noise, or Article IX, Division 5, Office Park, Section 102-1311, shall serve as a guideline to the Board and Council in addressing this issue.

Dust, fumes, vapors and gases, odors (noxious issues). The project shall not produce significant negative impacts with regard to dust, fumes, vapors, gases or odors on surrounding uses and properties.

Glare/lighting. The project shall not produce significant negative impacts with regard to glare and lighting on surrounding properties and uses, including all public roads. The proposed lighting plan shall recognize the "night sky" and shall be sensitive to the amount of light required to allow safe operation of the retail center during its hours of operation. The lighting plan should be consistent throughout the site and should reflect the character of buildings.

Stormwater management. The applicant shall identify how all stormwater impacts can be effectively managed, and shall minimize any increase in the amount of stormwater being directed to adjacent properties. The stormwater management plan also shall recognize concerns regarding water quality in the area's watersheds and groundwater quality.

Wetland impact. The applicant shall avoid causing significant negative impacts to area wetlands to the greatest extent practical, and all applications shall, at a minimum, comply with all requirements of Chapter 82. The City also will consider State Department of Environmental Protection direction and permit requirements regarding wetland impacts.

Floodplain impact. The applicant shall avoid causing significant negative impacts to area floodplains. All applications shall comply with Chapter 78, Article II, requirements at a minimum.

Soils. The applicant shall prepare a high intensity soil survey for the proposed development. The applicant must demonstrate suitable soils, and address all potential concerns if a high water table or seasonally wet soils exist on the site.

Soil erosion and sedimentation control. The applicant shall, at a minimum, adhere to the then current best management practices recognized by the City or State.

Method of collection and disposal of solid waste. The applicant shall identify how all wastes and recyclable materials will be collected and disposed of, and shall evaluate the impact of the amount of waste generated from the project on the City's solid waste system. The applicant also shall address how to manage litter generated on the site.

Explosive materials, chemical and fuel storage facilities, and hazardous wastes. The applicant shall ensure that the proposed development does not cause any significant negative impacts with regard to the use or storage of explosive materials, chemicals, fuel or hazardous wastes.

Construction of off-site improvements. The applicant must identify the potential need for new off-site infrastructure or improvements to existing off-site infrastructure during the project review process. The City shall determine the extent of off-site improvements that are required to allow the proposed development. The goal is to ensure that off-site infrastructure functions at acceptable levels of service.

Performance guarantees for required improvements. The City shall determine the amount and type of the performance guarantees that may be required to ensure that the applicant successfully constructs both on-site and off-site improvements.

Determination of project ownership and mechanism to construct and maintain required improvements. The City shall require the applicant to identify a successful method to maintain all infrastructure improvements and structures that are constructed.

Handicap accessibility. The applicant shall ensure that all project facilities fully satisfy handicap accessibility requirements.

Loading and off-loading areas and operations. The applicant shall provide effective screening of all loading and off-loading areas, and such operations shall be well buffered from adjacent residences. The access to and location of the loading areas shall not interfere with internal traffic circulation, parking areas, and customers.

Outside storage. The City shall ensure that outside storage areas, if any, are effectively screened and that the location and lay-out of the storage areas complement site development.

Screening and buffering of site development. The City shall place a high value on the amount and quality of screening and buffering associated with development of a site. The City, to the greatest extent practical, intends to require the applicant to use methods to effectively screen site development from adjacent residences and public roads. Methods of screening may include, but are not necessarily limited to, the use of existing natural vegetation, newly planted vegetation, landscape berms, fencing and similar approaches.

Financial and technical ability. The City shall assess the financial and technical ability of the applicant and any heirs, successors and assigns to secure title to the property, and to accomplish the following: prepare a good quality application; to construct project improvements in a good quality manner and as required by the City, State or federal government; to construct an approved project in a timely manner; to regularly maintain all required improvements in good working condition; and to fulfill any and all requirements of an adopted contract rezoning agreement.

Modifications. The City Council shall have the express authority to negotiate modifications to these criteria based on the general health, safety, and welfare of the citizens of Belfast.

Sketch plan application, for a project in the Route 3 Commercial District.

Preliminary Plan, Final Plan and Council review.

(Repealed by Council vote of February 7, 2023.)

(Reserved)

An application to establish any of the following uses elderly congregate residential housing facility on a property identified as Map 37, Lot 151, the former "Bradbury Manor Nursing Home": multi-family dwelling; owner occupied boarding or owner occupied lodging house with four or more boarders or lodgers; owner occupied group home or owner occupied hospice with a capacity of nine or more residents; group home with a capacity of nine or more residents; congregate care, residential retirement housing, assisted living facility or hospice with seven or more residents; nursing home, nursing center, and nursing facility; inn, hotel or motel; bed and breakfast, class 3, that can conduct a greater number of special functions than permitted pursuant to Chapter 102, Zoning, Article VIII, Supplementary District Regulations, Division 6, Bed and Breakfast Establishments; fitness center, exercise/dance studio; recreational facility, indoor; museum; personal services; professional offices; retail sales, but only if retail occupies less than 25% of the total floor area of a multiple use facility; and health care facilities/offices.

An application to establish any of the uses identified in this section for any of the following respective properties: Map 11, Lot 167, the former Crosby School located at 96 Church Street; Map 11, Lot 255, located at 17 Court Street; and Map 11, Lot 96, located at 213 High Street. Uses permitted through the contract rezoning process include: multi-family dwelling; owner occupied boarding or owner occupied lodging house with four or more boarders or lodgers; owner occupied group home or owner occupied hospice with a capacity of nine or more residents; group home with a capacity of nine or more residents; congregate care, residential retirement housing, assisted living facility or hospice with seven or more residents; nursing home, nursing center, and nursing facility; inn, hotel or motel; bed and breakfast, class 3, owner or non-owner occupied, that can conduct a greater number of special functions than permitted pursuant to Chapter 102, Zoning, Article VIII, Supplementary District Regulations, Division 6, Bed and Breakfast Establishments; fitness center; exercise/dance studio; recreational facility, indoor; museum; community center; social club; theater/performing arts center; restaurant with indoor seating; restaurant, outdoor; restaurant, take out; restaurant, ice cream stand; personal services; professional offices; retail store; research laboratory; health care facilities/offices; health services; and craft sales.

An application to establish any of the uses identified in this section for any of the following respective properties: Map 36, Lot 145, the former Peirce School located at 24 Church Street, and Map 36, Lot 178, the James P. White House, located at 19 Church Street. Uses permitted through the contract rezoning process include: multi-family dwelling, however, the dwelling units must be subject to a condominium form of ownership; owner occupied boarding or owner occupied lodging house with four or more boarders or lodgers; owner occupied group home or owner occupied hospice with a capacity of nine or more residents; group home with a capacity of nine or more residents; congregate care, residential retirement housing, assisted living facility or hospice with seven or more residents; nursing home, nursing center, and nursing facility; bed and breakfast, class 3, owner or non-owner occupied, that can conduct a greater number of special functions than permitted pursuant to Chapter 102, Zoning, Article VIII, Supplementary District Regulations, Division 6, Bed and Breakfast Establishments; inn, hotel or motel; fitness center; exercise/dance studio; recreational facility, indoor; museum; community center; social club; theater/performing arts center; restaurant with indoor seating; restaurant, outdoor; personal services; professional offices; health care facilities/offices; health services; and craft sales.

An application to establish any of the following uses on the portion of the property identified as Unit 1 and Unit 2 on the Congress Street Hill, a condominium plan approved by the City of Belfast Planning Board on November 14, 2012, said property being part of Map 10, Lot 36, that is located at 45 Congress Street: multi-family dwelling; owner occupied boarding or owner occupied lodging house with four or more boarders or lodgers; owner occupied group home or owner occupied hospice with a capacity of nine or more residents; group home with a capacity of nine or more residents; congregate care, residential retirement housing, assisted living facility or hospice with seven or more residents; nursing home, nursing center or nursing facility; museum; community center; personal services; and professional offices.

An application to establish any of the following uses on a property identified as Map 13, Lot 32, the former Governor Anderson School, that is located at 256 High Street: multi-family dwelling in an existing structure; accessory residential use, such as temporary living quarters for artisans and educators associated with an educational or non-profit institution; inn, hotel and motel; convention center; fitness center, exercise/dance studio; recreation facility, indoor; museum; community center; theater/performing arts center; restaurant with indoor seating; restaurant, outdoor; restaurant, take-out; personal services; professional offices; retail as an accessory use to artisans and educators associated with an educational or non-profit institution; health care facilities/offices; health services; and craft sales.

An application to establish any of the following uses on a property identified as Map 13, Lot 75, that is located at 243 High Street: multi-family dwelling in an existing structure; accessory residential use, such as temporary living quarters for artisans and educators associated with an educational or non-profit institution; bed and breakfast, class 3, owner or non-owner occupied, that can conduct a greater number of special functions than permitted pursuant to Chapter 102, Zoning, Article VIII, Supplementary District Regulations, Division 6, Bed and Breakfast Establishments; fitness center, exercise/dance studio; recreation facility, indoor; museum; community center; personal services; professional offices; health care facilities/offices; and health services.

An application to establish a multi-family dwelling in an existing structure shall be considered through the contract rezoning process in this division for the following respective properties: Map 11, Lot 215, located at 183 Main Street, and Map 12, Lot 49, located at 199 Main Street.

The City has identified several properties located in the Residential 1 Zoning District as potential candidates for consideration of using the contract rezoning process to allow additional uses of said properties. The properties are: Map 37, Lot 129, the Williamson House, located at 44 High Street; Map 37, Lot 157, the Alden House Bed & Breakfast, located at 43 Church Street; Map 11, Lot 198, the Admiral Pratt House located at 212 High Street; Map 11, Lot 196, the Thomas Whittier House located at 156 High Street; and Map 11, Lot 197, the C.B. Hazeltine House located at 208 High Street. An owner of any of the above properties shall have the opportunity to submit a written request to the City Council to allow the use of the contract rezoning process identified in this division for their property. The written request shall include the following information at a minimum: the name of the applicant if not the current owner, the type of use or uses proposed for the property, a general description of the changes the owner proposes to the site and buildings on the site, a schedule to construct the changes and make the use operational, and a description of who will operate the use when it is established.

The City Council shall consider the written request and shall decide if the City is willing to consider accepting a contract rezoning application for the respective property. The Council, in its review of the written request, will consider the use proposed by the owner, how the proposed use may impact the existing property and the neighborhood, and how the owner will manage the property after the use is considered. The Council, in acting upon this written request, is only deciding if an owner should be permitted to submit a contract rezoning application pursuant to the process identified in this division, thus, the extent of information the owner is required to submit, and the nature of the Council's review is held to a much lesser standard than that which would accompany a contract rezoning application. The Council is not required to conduct a public hearing in considering such a request, but may choose to accept public comment.

The Council, at the conclusion of its review, shall decide if the City will accept an application through the contract rezoning process for the use identified by the owner. If the Council approves accepting an application, the owner shall have a maximum of 180 days to submit a formal application through the contract rezoning process for the identified property and use. If the Council chooses not to accept a contract rezoning application, the applicant may appeal said decision to Superior Court.

Applicant meeting with City Planner, step 1. An applicant who proposes to use the contract rezoning process shall first meet with the Belfast City Planner or his designee. The applicant shall describe the property to be developed, the proposed use of the property, and factors related to the use of contract rezoning. The City Planner shall explain requirements of the contract rezoning process to the applicant, and identify information the applicant must prepare to submit an application for review. The City Planner or his designee shall coordinate review of the application through all steps of this process, steps 1 through 4, and shall prepare draft findings, conditions and similar information as requested by the respective City review committees and boards.

City of Belfast Planning Board, step 2. The Planning Board shall review an application to use contract rezoning for a property and make a recommendation to the Belfast City Council regarding project compliance with requirements identified in this division (Article X, Contract Rezoning, Division 3), particularly Sections 102-1405 and 102-1406 and Chapter 90, Site Plans, Section 90-42. The Planning Board, in conducting its review and preparing its recommendations, shall consider recommendations of the In-Town Design Review Committee (step 3), public testimony presented to the Board, the lay-out of the site and its relationship to surrounding properties, the reuse and alteration of existing structures, the demolition of existing structures, the construction of new structures, the uses for which the property and accompanying structures are intended, project compliance with requirements of this division and Chapter 90, Site Plans, and consistency of the project with policy recommendations in the City of Belfast Comprehensive Plan. The Planning Board is responsible for preparing a contract rezoning agreement for presentation to the City Council as a proposed contract rezoning ordinance amendment. Said agreement shall define specific terms that the applicant must satisfy, including but not limited to uses permitted for the site, permitted structures and dimensional standards for said structures, required improvements to the site, a schedule for the construction of public and private improvements, and a list of all conditions that apply to this application.

An applicant, at the conclusion of this process, shall present a site plan sealed by a licensed engineer and, if required, architectural plans sealed by a licensed architect or engineer, which incorporates all requirements specified by the Planning Board. The Board also shall prepare written findings that address requirements of Chapter 90, Site Plans, Section 90-42, and the standards specified in Chapter 102, Zoning, Sections 102-1405 and 102-1406.

Step 2 shall involve the following procedures:

In-Town Design Review Committee, step 3. An application for contract rezoning that involves the construction of a new structure or structures, the exterior renovation or alteration of an existing structure or structures, or the demolition of an existing structure or structures, shall be presented to the In-Town Design Review Committee. The In-Town Design Review Committee shall review an application and shall issue a written finding and recommendation to the Belfast Planning Board regarding project compliance with standards identified in the City Code of Ordinances, Chapter 80, In-Town Design Review. Committee review of an application shall occur concurrently with review by the Belfast Planning Board, step 2 above, so that the Committee can complete its review and recommendation prior to the Planning Board completing its review. The Committee, in conducting its review, shall consider all criteria identified in Chapter 80 (In-Town Design Review) and this division (Division 3), as well as the layout of the site and its relationship to surrounding buildings and properties, the alteration of existing structures, the demolition of existing structures, and the construction of new structures.

Step 3 shall involve the following procedures:

City Council, step 4. The City Council shall review and act on the findings of fact and draft contract rezoning agreement presented by the Planning Board, step 2 above, for an applicant that proposes to use contract rezoning. Council consideration of such request constitutes an amendment to the City Code of Ordinances, Chapter 102, Zoning, and shall involve the following procedures:

Mandatory conditions. All contract rezoning proposals shall:

Discretionary conditions. The Planning Board may recommend and City Council may adopt discretionary conditions that address the goals identified in Section 102-1404 of this division, and the unique characteristics of how the proposed development shall occur on the proposed site. It is expressly understood that the role of the Planning Board and the City Council in reviewing any proposal for the development of a project subject to the contract rezoning process is to ensure that the proposed development successfully addresses potential impacts on the community's character, services, infrastructure, economy and residents. Thus, the Planning Board and the City Council shall have broad discretion in identifying specific conditions of approval to allow a contract rezoning for a specific site and project.

Use of site. Issues to consider include but are not limited to the following:

Site lay-out. The goal is to achieve a site lay-out that complements the character and functionality of the area and that promotes a healthy community. Many of these properties for which contract rezoning is permitted have strong ties to the community's past. It is important that any reuse of these properties respect the community's character and how existing buildings are laid out on the site and their relationship to the street and adjacent development. The City shall consider issues such as structure setbacks, access to the site, and the lay-out of parking areas.

Public use areas. The City shall consider the extent to which an applicant is allowing or encouraging public use of a site, if public access is an issue which should be considered for this property. The type of use being proposed is an issue which will be considered.

Traffic analysis and management. An applicant shall analyze traffic generated by the proposed project and identify measures to accommodate traffic, including potential street improvements. The analysis should include base-line traffic, estimated traffic resulting from this project, estimated traffic resulting from anticipated ancillary development to this project, and growth trends for start-up and build-out of the site and surrounding area. Traffic volumes shall be projected for a minimum period of five years, with identification of present and future levels of service and suggested mitigating measures. The City also recognizes that the amount of traffic that may be generated by some of the uses that may be proposed for a specific property do not warrant this level of traffic analysis.

Site circulation and traffic impact assessment. The applicant must examine how traffic will safely enter and exit the site, and how traffic will circulate throughout the site. The applicant also must address how traffic generated by the proposed project will affect existing traffic patterns in the City and in the respective neighborhoods and streets most impacted by the proposed project.

Parking areas. The amount of on-site parking that can be provided on most properties is often quite limited, and is a factor that can limit the amount of use that can occur on a site. For example, few if any properties in this area could provide sufficient parking to fully accommodate the parking generated by an intensive use that typically requires large amounts of parking, such as but not limited to a large restaurant or convention center. The availability and proximity of public parking can accommodate some of the parking demand in this area, but some uses may overwhelm the availability of public parking.

Guidelines that shall be considered in determining the amount of on-site parking required include but are not limited to the following:

Building appearance. The applicant shall identify how the redevelopment of any existing structures or construction of any new structures will result in the buildings being compatible with development in the surrounding area. The front facade of all buildings and their orientation to local streets is a critical concern. Further, all redevelopment or new development shall carefully consider site circulation, natural site characteristics, and surrounding properties in their proposal. All buildings shall be of a high quality design.

Building height. An applicant who requests flexibility in the building height standard shall prepare an assessment that considers potential impacts of the project on public views, and how the height of the proposed buildings is consistent or not out of character with other buildings in the surrounding neighborhood. The applicant also shall identify why a height that is greater than the maximum standard for the zoning district is necessary. The issues to be analyzed and considered by the City in establishing a height limit for a specific property or structures on such property are listed below in order of priority. Flexibility in the height (no predetermined maximum height) is inherent in the contract rezoning process. The In-Town Design Review Committee has the prime responsibility to consider height issues as a component of overall building and site design.

Utilities. The applicant shall identify the lay-out of all proposed utilities, and shall make utility services as unobtrusive as possible. That said, the method of delivering utilities can be consistent with how other services are delivered in the neighborhood.

Glare/lighting. The project shall not produce adverse impacts with regard to glare and lighting on surrounding properties and uses, including all public roads. The lighting plan shall complement the character of the buildings and site, and not dominate it or the surrounding area.

Noise. The City shall consider the degree of noise that may be generated by the produced use, including the intensity, duration and time in which the noise is generated, and measures the applicant may take to abate adverse noise levels.

Odors, gases, noxious impacts. The applicant shall identify how any potential issues related to such impacts are managed so as not to create an adverse impact on surrounding properties, and the City shall consider if these methods are acceptable.

Stormwater management. The applicant shall identify how all stormwater impacts will be effectively managed, and shall avoid any increase in the amount of stormwater being directed to adjacent properties.

Solid waste collection and disposal. An applicant shall identify how they will collect and dispose of all wastes and recyclable materials. If applicable, the applicant shall address how to manage litter generated on the site.

Landscaping. The applicant shall present attractive landscaping and buffering that addresses the following: how to retain existing mature trees, how to present an attractive entrance along the adjacent High streets, how to buffer impacts on neighboring properties, and how to help the building blend with development in the surrounding area.

Handicap accessibility. The applicant shall ensure that all project facilities fully satisfy handicap accessibility requirements.

Signs. All signs shall complement the site and structure development and shall be in proportion to the structure(s) and requirements of Chapter 86. Interior lighted signs are prohibited. Common signage patterns within the development shall be encouraged. An applicant may exceed the standards identified in the City Sign Ordinance, Chapter 86, if such signage complements the site and surrounding area and is appropriate for the type of use of the property and the scale of the respective buildings.

Construction activities and schedule. The applicant shall identify a construction schedule that will demonstrate their ability to complete the project in a reasonable period of time, and how they will manage potentially adverse impacts on surrounding uses and properties.

Technical and financial ability of applicant. The applicant shall demonstrate that they have the financial and technical ability to redevelop the existing structure and site in a good quality manner, and that they have the financial and technical ability to market the proposed project and manage the proposed facility. The applicant shall present a management plan for their proposed project that will facilitate its long-term success.

Performance guarantees for required improvements. The City shall determine the amount and type of performance guarantees that should be required, if any, to ensure that an applicant successfully constructs required on-site and off-site improvements, and can routinely maintain constructed improvements in the long-term.

Other concerns. The Planning Board and Council shall consider other factors that either believes is appropriate to determine if the requested contract rezoning proposal should be approved.

Contract Rezoning required. An application for a use permit, site plan permit, or subdivision permit for all properties located in the Waterfront Mixed Use-1 Zoning District, except the single-family residence located at Map 13, Lot 46, shall be required to use the contract rezoning process identified in Division 4 for any proposed change of use or any expansion of an existing structure that is at least 10,000 square feet or greater in size if the current use of the property and building remains the same, and the property was not previously subject to terms of a contract rezoning agreement. If a property has an adopted contract rezoning agreement, any proposed changes shall be governed by terms of said contract rezoning agreement, as such may be amended. Many of these properties are also located in the Waterfront Development Shoreland District.

Contract Rezoning optional. An applicant that is submitting an application for a use permit, site plan permit, or subdivision permit for any property that is located in both the Waterfront Mixed Use-2 Zoning District and the Waterfront Development Shoreland District may request that the application be reviewed in accordance with the contract rezoning process identified in Division 4. The initial request shall be submitted in writing to the Planning Board. The Planning Board shall act within 30 days of receipt of this request to either grant or deny the applicant's ability to use the contract rezoning process. If a property in the Waterfront Mixed Use-2 Zoning District is granted a contract rezoning agreement, the future use and development of the property shall be governed by terms of the adopted contract rezoning agreement, unless said agreement is voided by the City Council at the request of an applicant.

Applicant meeting with the Director of Department of Planning and Codes (hereinafter "Director") or the Director's designee, Step 1. An applicant who proposes to use or must use the contract rezoning process shall first meet with the Director or the Director's designee. The applicant shall describe the property to be developed, the proposed use of the property, and factors related to the use of contract rezoning. The Director shall explain requirements of the contract rezoning process to the applicant, and identify information the applicant must prepare to submit an application for review. The Director shall coordinate review of the application through all steps of this process, Steps 1 through 5, and shall prepare draft findings, conditions, and similar information as requested by the respective review committees, Planning Board, and Council.

In-Town Design Review Committee, Step 2. The In-Town Design Review Committee shall review an application to use contract rezoning for a property and shall issue a written finding regarding its compliance with standards identified in Chapter 80, In-Town Design Review. The Committee, in conducting its review, shall consider the layout of the site and its relationship to surrounding properties, the proposed reuse and alteration of existing structures, the demolition of existing structures, the construction of new structures, and the uses for which the property and accompanying structures are intended.

The role of the In-Town Design Review Committee is to provide both conceptual and detailed direction to the applicant regarding project compliance with Chapter 80 requirements, as well as providing direction to the Planning Board. An applicant, at the conclusion of this process, shall present a site plan and architectural plans that have been signed by the In-Town Design Review Committee to the Planning Board, Step 4, reference Section 102-1452(d), which incorporates recommendations of the In-Town Design Review Committee, or that illustrates and explains why the applicant has not incorporated recommendations of this Committee. If the application involves construction of a new building, renovation of an existing building, or the demolition of an existing building, an applicant must receive a decision by the In-Town Design Review Committee to proceed to Step 4.

Step 2 shall involve the following procedures:

Belfast Harbor Committee, Step 3. The role of the Harbor Committee is defined by the request of the applicant. The Committee's review shall consist of either Subsection (c)(1) or (2) as described below. If the application does not involve structures located below the highest annual tide (applications submitted prior to July 2022 referenced the normal high water mark), Harbor Committee review is not required.

Planning Board, Step 4. The Planning Board shall review an application to use contract rezoning for a property and determine its compliance with standards identified in Chapter 102, Zoning, Article X, Contract Rezoning, Division 4, particularly Sections 102-1453 and 102-1454. The Planning Board, in conducting its review, shall consider the findings of the In-Town Design Review Committee (Step 2) and the Harbor Committee (Step 3), public comment that is offered to the Board, the lay-out of the site and its relationship to surrounding properties, the reuse and alteration of existing structures, the demolition of existing structures, the construction of new structures, the uses for which the property and accompanying structures are intended, and consistency of the project with policy recommendations in the City Comprehensive Plan. The Planning Board is responsible for preparing a contract rezoning agreement for presentation to the City Council as a proposed contract rezoning ordinance amendment. Said agreement shall define specific terms that the applicant must satisfy, including but not limited to the uses permitted for the site, permitted structures and dimensional standards that apply to all structures, required site plan improvements, a schedule for the construction of public and private improvements, and a list of all conditions that apply to this application.

An applicant, at the conclusion of this process, shall present a site plan, typically sealed by a licensed engineer, and architectural plans, typically sealed by a licensed architect or engineer, that incorporates all requirements specified by the Planning Board, for the Planning Board to sign. The Board also shall prepare written findings that address requirements of Chapter 90, Site Plans, Section 90-42, and the standards specified in Chapter 102, Zoning, Sections 102-1453 and 102-1454.

Step 4 shall involve the following procedures:

City Council, Step 5. The City Council shall review and act on the findings of fact and draft contract rezoning agreement presented by the Planning Board, Step 4, for an applicant that proposes or is required to use contract rezoning. Council consideration of said request constitutes an amendment to the City Code of Ordinances, Chapter 82, Shoreland Zoning, and Chapter 102, Zoning, and shall involve the following procedures.

Mandatory conditions. A contract rezoning agreement (ordinance amendment) that is reviewed by the Planning Board and enacted by the Council shall comply with the following mandatory conditions:

Discretionary conditions. A contract rezoning agreement (ordinance amendment) that is reviewed by the Planning Board and enacted by the Council may include reasonable discretionary conditions and restrictions. The board and Council shall have broad discretion in establishing specific conditions to allow contract rezoning for a specific site and project, such that the project can better address the unique characteristics of how the proposed development can occur on the proposed site. The Planning Board and City Council, in reviewing an application, shall ensure that the proposed development successfully addresses potential impacts on the community's character, services, infrastructure, economy and residents. Discretionary conditions may include but are not limited to:

Use of site. Issues to consider include but are not limited to the following:

Site lay-out. The goal is to achieve a site lay-out that complements the character and functionality of the area and that promotes a healthy waterfront. The standards for the Waterfront Mixed Use Zoning Districts and Waterfront Development Shoreland District are very permissive and require little if any structure setbacks from lot lines or the highest annual tide (identified as the normal high water mark for applications submitted prior to July 2022), and allow 100% lot coverage. Contract rezoning is a tool that should promote a balance between how to allow intensive use while recognizing potential concerns associated with full development. The City shall consider issues such as structure setbacks, access to the site, the lay-out of parking areas, and the provision of open areas in determining the amount of development permitted.

Public use areas. The City shall consider the extent to which an applicant is allowing or encouraging public use of a site, particularly waterfront access. Waterfront access is critical to this area. The City and community has a strong public presence on the waterfront, including but not limited to: ownership of several properties, including waterfront properties that have shore frontage; management of public parks, including Steamboat Landing Park, the Boathouse at Steamboat Landing, and Heritage Park; ownership of several buildings, several of which it leases for private purposes; management of both City Landing and Thompsons Wharf to provide public access to the water; and the management of the Armistice Bridge, Belfast Harbor Walk, and the Belfast Rail Trail, all of which the City constructed to create opportunities for pedestrians and bicyclists to have connected and continuous access to Belfast's waterfront.

Traffic analysis and management. An applicant shall analyze traffic generated by the proposed project and identify measures to accommodate traffic, including potential street improvements. The analysis should include base-line traffic, estimated traffic resulting from this project, estimated traffic resulting from anticipated ancillary development to this project, and growth trends for start-up and build-out of the site and surrounding area. Traffic volumes shall be projected for a minimum period of five-years, with identification of present and future levels of service and suggested mitigating measures, if any are warranted. An applicant may provide the City an off-site impact fee for street improvements rather than being required to construct specific improvements that may be identified through a traffic analysis.

Pedestrian and bicycle circulation. This is a key consideration for the waterfront area because of the City's Harbor Walk, the Armistice (footbridge) Bridge, and the Belfast Rail Trail. In the past 20 years the City has invested significant public funds to create continuous public access to this waterfront area for both pedestrians and bicyclists. An applicant must identify how their proposed project will contribute to and support public access to the waterfront, including both pedestrian and bicycle use. This includes access both within the project site and to the project site via adjacent public ways. An applicant should incorporate measures in their plan to address this issue. Potential alternative approaches include measures such as payment of an off-site impact fee for public improvements in the area, or the dedication or use of private property for public access.

Nonresidential structure design requirements. The applicant shall carefully consider and address the orientation of the building to public roads, scenic vistas, site circulation, other buildings on the site, natural site characteristics, and surrounding properties in their proposal. All buildings shall be of a high quality design and shall address standards identified in Chapter 80, In-Town Design Review. The goal is to encourage building and site design that enhances the visual and functional appeal of the Belfast waterfront.

Building height. An applicant who requests flexibility in the building height standard of 35 feet that is in effect for the Waterfront Mixed Use 1 and 2 zoning districts and Waterfront Development Shoreland District shall prepare a view impact assessment that considers potential impacts of the project on public and private views. The issues to be analyzed and considered by the City in establishing a height limit for a specific property or structures on such property are listed below in order of priority. Flexibility in the height (no predetermined maximum height) is inherent in the contract rezoning process. The In-Town Design Review Committee has a key role in considering height issues as a component of overall building and site design.

Parking areas. The amount of on-site parking that can be provided on most properties is quite limited, and is a factor that can limit the amount of use that can occur on a site. For example, few if any properties in this area could provide sufficient parking to fully accommodate the parking generated by an intensive use that typically requires large amounts of parking, such as but not limited to a large restaurant or retail use. The availability and proximity of public parking can accommodate some of the parking demand in this area, but some uses may overwhelm the availability of public parking.

Guidelines that shall be considered in determining the amount of on-site parking to require for a project include but are not limited to the following:

Utilities. The applicant shall identify the lay-out of all proposed utilities, and shall make utility services as unobtrusive as possible in this waterfront area.

Glare/lighting. The project shall not produce adverse impacts with regard to glare and lighting on surrounding properties and uses, including all public roads. In addition, the proposed lighting plan shall recognize the use of the waterfront, and shall not detract from views of the City in looking at it from the water. The lighting plan shall complement the character of the buildings and site, and not dominate it or the surrounding area.

Noise. The City recognizes that this is a working waterfront area and that noise from waterfront uses; fishing, commercial and recreational boating, boat repair and building, and similar activities will occur. The intent is to ensure that a use does not produce levels of noise that cause an undue adverse impact on surrounding uses and properties. An applicant shall identify approaches that they intend to use to manage adverse noise impacts.

Odors, gases, noxious impacts. The City recognizes that this is a working waterfront area and that some noxious impacts from waterfront uses; fishing, commercial and recreational boating, boat repair and building, and similar activities likely will occur. The intent is to ensure that a use does not produce levels of odors, gases, and noxious impacts that cause an undue adverse impact on surrounding uses and properties. These issues shall be managed to prevent adverse impacts on surrounding properties.

Floodplain impact. Much of the waterfront area is located in either the VE or AE zone of the floodplain. Chapter 78 floodplain requirements often impact the development of vacant land or redevelopment of existing structures. Further, the City must require an applicant to satisfy floodplain requirements and typically cannot vary Chapter 78 requirements. The intent is to encourage applicants to address floodplain requirements to the greatest extent practical, while allowing flexibility regarding issues, such as building height, to aid an applicant in satisfying these standards.

Stormwater management. The goal is to require an applicant to efficiently direct stormwater to available City and/or private stormwater management facilities that outlet to the River/Bay, with an emphasis on controlling erosion of the waterfront and ensuring stormwater quality. A specific concern is run-off from large parking lots directly out-letting to the River/Bay. The construction of significant on-site stormwater retention and detention facilities should be discouraged in this area and more passive measures encouraged.

Soils/contamination. Some sites in this area have soil contamination problems. An applicant, if warranted, must address how soil contamination will be addressed. Further, if an applicant is required to undertake extraordinary measures to address contamination issues, the City shall consider these costs and site alterations in its review of the project.

Solid waste collection and disposal. An applicant shall identify how they will collect and dispose of all wastes. If applicable, the applicant shall address how to manage litter generated on the site.

Explosive materials, chemical and fuel storage facilities, and hazardous wastes. An applicant shall ensure that the proposed development does not cause adverse impacts with regard to the use or storage of explosive materials, chemicals, fuel or hazardous wastes. A particular concern is boat repair and the interaction between this use and other uses on a site and in the surrounding area.

Performance guarantees for required improvements. The City shall determine the amount and type of performance guarantees that should be required to ensure that an applicant successfully constructs required on-site and off-site improvements, and can routinely maintain constructed improvements in the long-term.

Handicap accessibility. The applicant shall ensure that all new project facilities fully satisfy handicap accessibility requirements. This could be a challenge for proposed uses, particularly with floodplain requirements. Contract rezoning is a tool that allows the City flexibility in establishing standards for structure and site layout so that an applicant can best address handicap accessibility concerns.

Outside storage and display. All outside storage, including boat storage, should be well managed. The outside display of merchandise for sale is an activity that may be permitted if the proposed activity complements the area and use of the property.

(Reserved)

Signs. All signs shall complement the site and structure development and shall be in proportion to the structure(s). Common signage patterns within the development shall be encouraged. An applicant may exceed the sign standards identified in Chapter 86, Signs, if such signage complements the site and surrounding area, and is appropriate for the type of use of the property and the scale of the respective buildings.

Phasing of project development and construction schedule. The timing of when the project and supporting improvements, including public improvements, are constructed is a critical issue in City approval of a contract rezoning application. Each contract shall include specific guidelines regarding when project improvements must be constructed. Failure of an applicant to comply with these requirements could result in a contract rezoning ordinance amendment (agreement) being rendered void by the City Council. An applicant is responsible for providing the City clear guidance regarding the schedule for project construction, and subsequently adhering to this schedule.

Community impact analysis. An applicant may be required to prepare an impact statement regarding the amount of impact on municipal facilities and services, the amount of tax revenue generated verses new estimated municipal expenditures, and the impact of the project on the local economy. The purpose of this impact statement is to provide the City and public information regarding potential project benefits and detriments.