Belfast City Zoning Code

Any permitted use or permitted use requiring Planning Board review in a zoning district in which a residential planned unit development is proposed shall be permitted as a planned unit development, subject to the criteria established in this Chapter, and provided such is consistent with the definition of a residential planned unit development identified in Chapter 66, General Provisions. An application for a permit for a residential planned unit development shall be reviewed and acted upon by the Planning Board to ensure compliance with this Chapter, and applicable requirements of Chapter 78, Floods, Chapter 82, Shoreland Zoning, Chapter 90, Site Plans, Chapter 94, Subdivisions, and Chapter 98, Technical Standards. Additional or accessory uses may be allowed upon conditions adopted by the Planning Board. However, no use shall be permitted except in conformity with specific and precise development plans pursuant to the procedural and regulatory provisions of this Chapter, and the applicable standards of the above referenced other Chapters.

Notwithstanding other provisions of this Chapter relating to dimensional and area standards, the Planning Board, in its review and approval of a proposed planned unit development, may modify area and dimensional standards to permit innovative approaches to building layout and environmental design in accordance with this Article. This shall not be construed as granting variances to relieve hardship.

Notwithstanding any requirements to the contrary, if a property that is proposed to be developed as a planned unit development is located in a zoning district that prohibits multi-family housing or the limits that number of dwelling units that can be constructed in an individual multi-family structure, the Planning Board shall have the authority to allow the construction of multi-family housing or the construction of more dwelling units in one or more individual multi-family structures than is typically allowed in the respective zoning district, provided the Planning Board makes a positive finding that allowing said housing is consistent with Section 102-801, Intent and Purpose of this Article, and complies with the Section 102-804, Criteria for Approval. The Board, in its Findings of Fact shall describe why it determined allowing such adjustments are appropriate, and in its Conditions of Approval, shall identify the number of multi-family units, structures, and units in any and all multi-family structures that shall be permitted.

All proposals for a residential planned unit development shall address the specific criteria in this Division. The Board shall use the application process identified in the City Subdivision Ordinance (Chapter 94, non-codified) to conduct its review of an application for any residential planned unit development. The Subdivision Ordinance identifies application submission requirements, requirements for both a preliminary plan and final plan, the requirements to conduct public hearings and provide notifications to abutting property owners and the public, the recording of the final plan, and similar requirements.

A multi-family housing project typically is subject to Planning Board review pursuant to requirements of Chapter 90, Site Plans. If a proposed residential planned unit development consists solely of multi-family housing units and structures, and or a mixed use development that includes multi-family housing and other types of residential housing, the project shall be subject to review pursuant to the requirements of this Division, Chapter 90, Site Plans, and Chapter 94, Subdivisions.[1]

A project that qualifies as a flex housing project that is subject to review as a residential planned unit development, shall be subject to review pursuant to the requirements of this Division, Chapter 90, Site Plans, and Chapter 94, Subdivisions.

If a project is a mixed use development that includes any type of residential housing and one or more nonresidential uses, the project shall be subject to review pursuant to the requirements of this Division, Chapter 90, Site Plans, and Chapter 94, Subdivisions.

Compliance with zoning regulations. The purpose and intent of this Chapter shall be upheld.

Compliance with other standards. The project shall comply with all applicable federal, state and City codes, rules, ordinances and regulations.

General plan; minimum site area. Each building and/or lot shall be an element of an overall plan for site development. If the minimum lot size area for a zoning district in which a planned unit development is proposed is 0.5 acre or less (21,780 square feet or less), the minimum size lot on which a planned unit development may occur is two acres. If the minimum lot size area for a zoning district in which a planned unit development is proposed is greater than 0.5 acre (21,781 square feet or larger), the minimum size lot on which a planned unit development may occur is four acres. Notwithstanding the above provisions, in all cases, a request for a planned unit development permit pursuant to the standards in this Division must involve the creation of a minimum of three lots, a minimum of three dwelling structures, and/or a minimum of three dwelling units in one or more structures.

Density. The maximum amount of density allowed in the proposed planned unit development shall comply with the specific overall density standards that apply to the respective zoning district in which the planned unit development is located. Some zoning districts also have standards that allow increased density for a planned unit development project. In general, the intent of the City's planned unit development standards is to allow flexibility and innovation in the lay-out of lots and/or housing, rather than an increase in the number of lots or residential units that could be developed on a property.

Setbacks. The Planning Board shall have the authority to approve a reduction in the minimum structure setback standards from the dimensional standards that apply to the respective zoning district in which the planned unit development is located. If a project is located in a zoning district in which the minimum lot size is 0.5 acre or less, the Planning Board cannot grant a reduction in structure setback requirements that is greater than five feet along the side or rear lot line that formed the perimeter of the original lot. If a project is located in a zoning district in which the minimum lot size is greater than 0.5 acre, the Planning Board cannot grant a reduction in structure setback requirements along the side or rear lot line that formed the perimeter of the original lot. The Board shall consider how allowing a reduction in the respective structure setback standards proposed by the applicant may assist in achieving the type of imaginative, creative, and economical lot and/or dwelling unit lay-out envisioned in Section 102-801.

Open space and recreation area required.

Specific design standards. The developer shall take into consideration the following points, and shall illustrate on the plan the treatment of open spaces, paths, roads, service and parking areas, and other features required in his proposal:

Recording of covenants and conditions. For the purpose of this Article, the owners of the tract or parcel of land involved in the planned unit development shall agree in advance to be bound by the conditions of approval established by the Belfast Planning Board and to record such covenants, easements and other provisions with the Waldo County Registrar of Deeds.

Performance guarantee. The developer shall file a performance guarantee with the City prior to the recording of the approved plan with the Waldo County Registry of Deeds. This may be tendered in the form of a certified check payable to the City, a savings account passbook issued in the name of the City, or a faithful performance bond running to the City and issued by a surety company acceptable to the City. The conditions pertaining to such check, passbook or performance bond established by the Planning Board shall be reviewed by the City Attorney. The amount shall be equal to 120% of the total cost of furnishing, installing, connecting and completing the entire street grading, paving, storm drainage, utilities, or other improvements specified in the final plan, and shall guarantee the satisfactory completion of all specified improvements. Terms of the performance guarantee approved by the Planning Board shall identify the City's terms for the management of the guarantee, and the release of said guarantee.

Dedication of common open space.

Neighborhood association.

Preliminary plan submission.

Final plan review process.

Minimum lot size and minimum road frontage. Any lot that is created shall, at a minimum, satisfy the minimum lot size requirement for installation of a subsurface wastewater disposal system. It is expressly understood and expected that the Board shall allow the establishment of lots that are less in size, and potentially much less in size, and that have lesser road frontage than normally required for a lot established in the respective zoning district. The size of each proposed lot and the amount of frontage for each lot shall be appropriate for the intended purpose. Further, the lay-out and shape of the lot shall recognize natural and topographic characteristics of the property.

Number of dwelling units or lots. A project shall have a minimum of two lots or dwelling units and no more than seven lots or dwelling units. The City envisions that these provisions most often will apply to the development of single-family dwelling units, however, an applicant may propose the development of one or more two-family or three-family dwelling unit structures, and a maximum of one four-family dwelling unit structure. An applicant that proposes the development of two-family, three-family, or four-family dwelling unit structures shall demonstrate why such are appropriate for this site and project, and why the method of ownership proposed is appropriate and workable. Flex housing is an allowed use for a rural affordable housing project.

Lay-out of lots and dwelling units. The lay-out and design of the lots and dwelling units shall recognize the intended purpose of the project, the number of lots and dwelling units proposed, the natural characteristics and topography of the property, the project's location in Belfast and the characteristics of surrounding development, and to the extent practical, how to maximize the privacy afforded to each dwelling unit. The goal is to establish a development that is well suited for the property and its location.

Structure setbacks and building envelopes. Consistent with the purposes of this Division, the Planning Board shall have the authority to allow lesser structure setbacks than apply to the respective zoning district in which the project is located. The applicant shall be responsible for identifying the setbacks of all proposed structures and shall identify building envelopes in which all proposed and future development can occur. The Board shall determine if the structure setbacks proposed are appropriate for this project, and shall consider factors such the natural characteristics of the property, the project's orientation to the main road, the size and shape of the proposed lots, the desire for privacy between the dwelling units in the project and dwelling units and development on surrounding properties, and the amount of future development that could occur on the proposed lots.

Site circulation, road construction and traffic impact assessment. The applicant must examine how traffic will safely enter and exit the site, and how internal site circulation will be provided for the project. The goal is to serve all project development by a single point of access onto the adjacent existing street, however, this does not preclude the Board from approving more than one point of access. In the case of two lot divisions, a common driveway is desired.

It is expressly understood that the Board may allow the construction of driveways and roads that are of lesser standard than those specified in the Chapter 98, Technical Standards. This approach is permitted because of the few number of dwelling units and minor amount of traffic which such a project may generate, and because narrower roads allow a better project lay-out and design and often encourage lower traffic speeds. The Board shall use the following standards as guidelines in determining the appropriate construction standard for the access driveway:

Driveway construction and location. Driveways that serve the individual house lots shall be a minimum of 12 feet in width and no greater than 14 feet in width, and may be of a gravel surface. Further, all private driveways shall be accessed via the road constructed for the project, and shall not enter directly onto the existing adjacent street, unless the Board finds that there is no practical alternative other than to allowing a private driveway access onto the adjacent street. If the Board approves a driveway that can enter directly onto an existing adjacent street, the driveway shall provide an opportunity for all parked vehicles to turn-around on the lot.

Stormwater management. An applicant shall demonstrate how stormwater generated from project development shall be effectively managed. The City encourages proposed development to use management approaches that are consistent with the low impact development practices, such as the approaches identified the "LID Guidance Manual for Maine Communities" published by the former Maine State Planning Office. The goal is to use a site's natural topography, particularly vegetated buffer areas, to assist in managing stormwater, rather than encouraging the construction of major on-site stormwater detention or retention facilities.

The Planning Board, in its review of a project, shall recognize that the goal is to ensure that post development stormwater flows shall be no greater than predevelopment flows, which is consistent with the stormwater requirement in the Chapter 98, Technical Standards, however, the methods of managing stormwater may vary from those identified in these referenced standards. Further, the Board shall consider methods the applicant will use to address stormwater quality in addition to the volume and peak flow of stormwater. The Board also must consider how stormwater generated on this site may impact existing public and private stormwater facilities in the area; particularly facilities on the adjacent street.

Wastewater disposal. The City anticipates that a proposed project will rely upon individual or common subsurface wastewater disposal systems to manage wastewater. The applicant must demonstrate that all subsurface wastewater disposal systems will comply with all State requirements, and that the location of any subsurface system will accommodate the proposed development, including not adversely affecting the development of other lots in this division/subdivision or development of adjacent properties. If one or more common wastewater disposal systems are proposed, the applicant shall demonstrate why such is appropriate for this project and how such systems will be maintained. A project that involves the construction of flex housing or a three-family or four-family dwelling unit structure shall comply with the subsurface wastewater disposal standards identified in the Article IX, Performance Standards, Division 7, Supplemental Performance Standards for a Multi-Family or Flex Housing Project, Section 102-1343, Wastewater Pollution and Subsurface Wastewater Disposal, (b), Subsurface Wastewater Disposal System, in this Chapter.

Potable water. The applicant shall demonstrate how a potable source of water shall be provided for each of the proposed dwelling units.

Utilities. When practical, utilities shall be installed underground, however, the Planning Board can allow above ground utilities if it deems that such are appropriate for the project because of the characteristics of the proposed site and surrounding development and how any difference between the cost of installing underground utilities verses overhead utilities could adversely impact the goal of constructing affordable housing. Transformer boxes, pumping stations, and meters associated with underground services shall be located so as not to be unsightly or hazardous to the public.

Provision of open space. A rural affordable housing development shall provide a minimum of 30%, and if possible 50%, of the proposed development as permanently protected open space. The open space areas that are proposed shall consider and include lands that serve purposes such as but not limited to the following: the preservation or protection or natural features such as but not limited to streams, wetlands, wildlife habitat, and steep slopes; vegetated buffer areas between the proposed development and neighboring development and roads; preservation of existing agricultural uses; preservation of scenic views; preservation of cultural features that are part of a rural landscape such as stonewalls and significant trees; and establishing areas that provide opportunities for active and passive recreation, such as trails and linkages to trail systems located off the property. The Board, in considering the open space area that is proposed, shall consider factors such as but not limited to: the contiguity of the open space areas, both on this property and off-site; the quality of the proposed open space and its intended purpose; the size and location of the project; any facility improvements that are proposed, such as the construction of a trail; and how the open space area will benefit the project and the community.

Open space ownership, use and maintenance. The applicant must identify how the proposed open space areas will be owned and maintained, and how such open space areas can be used. The Planning Board will review the applicant proposal and determine if it is consistent with the following guidelines:

Management of construction activities. The Board shall review and determine the appropriateness of the applicant's proposed construction schedule and how the applicant proposes to effectively manage potential adverse noise, dust, fume, vapor, gas, odor, and similar noxious impacts on surrounding uses and properties during project construction. The City recognizes that some degree of noxious impact likely is unavoidable. Further, the Board shall consider the appropriateness of any phased construction schedule for the project that is presented.

Technical and financial ability of applicant. The applicant shall demonstrate that they have the financial and technical ability to develop the site in a good quality manner. The Board shall determine if the applicant has adequate resources to construct and manage the project. The Board specifically will consider the applicant's experience in constructing and operating projects that are intended to provide affordable housing.

Maintaining long term affordability concerns. Persons who purchase or occupy dwelling units located in a rural affordable housing development must satisfy applicable income guidelines; reference Chapter 66, General Provisions, which includes a definition of a rural affordable housing development. The City requires that any dwelling unit approved through this type of development be restricted to use as affordable housing for a minimum period of 10 years and preferably longer. The applicant must identify the method proposed to ensure the affordability of the units (reference final plan submissions), and the Board shall determine if the method proposed satisfies the City's intent to encourage the provision of housing units to persons who satisfy the City's established income guidelines. For example, the method may involve deed restrictions on the sale of the unit, and such restrictions would limit when a unit could be sold, who receives proceeds from the sale, and to whom the dwelling unit/property could be sold. This is a critical issue.

Management structure. The proposed project likely will involve the construction and maintenance of common infrastructure, such as roads and stormwater facilities, and potentially commonly owned open space areas. The applicant shall identify an acceptable approach to manage such infrastructure and the Board shall determine if this methodology is appropriate. The management structure may involve approaches such as but not limited to: the establishment of a home-owner's association, use of deed covenants, or authorizing the City to enforce mutual agreements. In reviewing the appropriateness of the proposed management structure, the Board shall consider the scope of management responsibilities, the extent of facilities that will be managed, and the ability of the property owners or organization to perform identified responsibilities. The City is unlikely to accept the project infrastructure that is constructed as City facilities, particularly because such improvements likely will be constructed to standards that are less than those typically required by the City for City acceptance, and as such, the property owners likely will be responsible for the long-term maintenance of such facilities.

Performance guarantee. The applicant must provide a performance guarantee equal to 120% of the cost to construct project infrastructure, and the Board shall determine the appropriateness of the method of performance guarantee proposed. Options that the applicant may propose and that the Board may require generally shall consist of one or more of the following:

The Planning Board may use the services of City Attorney (at the applicant's cost) to review the specific terms of a performance guarantee.

Building construction standards and energy efficiency. The City recognizes that the amount of energy use and the cost of energy is a significant factor in supporting the long-term affordability of dwelling units that are constructed. Applicants shall address how the units constructed incorporate construction standards and materials that recognize energy efficiency.

Other concerns. The applicant shall demonstrate how snow will be plowed and stored, how fire protection concerns are addressed, and similar operational concerns. The Board will determine if the applicant has successfully addressed such issues.