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Home My WebLink About1960-07-25 182-M ORDINANCEIntrobucel by councilor Delano 192-a CITY OF BANGOR (TITLE.) MrZrinartre, Repealing and Replacing Zoning. Ordinances_ of, the Belt ordaiyadWtFe City Couarit ottb Cid ofBaapor, as fdtawa: That Chapter 9 11 of the Laws and Ordinances of the City of Bangor of 1954, as amended, be and is hereby repealed and replaced with the following Chapter _YIII, to be Imown and cited as the "Zoning Ordinance of the City of Bangor." ORDINANCE (TTiIE:) Repealing and Reolacino ori c Ordinances of the City of rancor CLERK IN CITY COONC August 229 1960 Taken from table. This Ordinence was taken up out of order, the final dormant of the evening{ ONinanu read and tabled. dNgrnmai finavus. IN CITY COUNCIL Sept. 19, 1960 IN CITY COUNCIL Oct. 10, 1960 Taken from table, Hearing held and Ordinance given let reading by the following yea and novote, Councilors voting yeas Bailey, Barry, Blaisdell, Brown, Keith, Whittaker. Councilor voting not Higgins. Councilors absents Delano and (roes. Tabled. IN CITY COUNCIL Oct. 249 1960 Taken from table, passed second reading by the following yea and no votes Councilors voting "at Bailey, Barry, Blaisdell, Brown, Delano, Gross, Keith, Whittaker. Councilor voting no Higgins. Taken from table, public Hearing held, L Council voted that the Hearing should _. CITY CL iK be continued to the meeting of Sept. 26, 1960, and the Clark was directed to advertise same. Retabled. CITY CL€Ric IN LIT NC VV Sept. 26, 1960 Taken frrn table, Hearing held. Hearing continued to neat meeting. Retabled. l e L$.y CLERK IN CITY COUNCIL Oct. 24, 1960 This Ordinance having received two readings on separate dates, being properly certified as correctly angieased was finily PASSED by the following yes aM no vote, Councilors voting yees Ballet', Barry, Blaisdell, Brawn, Delano, Press, Keith, Whittaker. Higgins voting no. ____CITY CLERK fi(t/r/r/yAmd /tied yl �msi IN CITY COUNCIL July 25, 1960 colo tLmn Public Hearing set for Sept. 129 tabled. MIS mitnance is correctly enfrWasp. OLERK U��`Y L7 C IN CITY COUNCIL August B, 1960 Voted to remain on table. Ltmt w CLERK IN CITY COONC August 229 1960 Taken from table. This Ordinence was taken up out of order, the final dormant of the evening{ ONinanu read and tabled. dNgrnmai finavus. IN CITY COUNCIL Sept. 19, 1960 IN CITY COUNCIL Oct. 10, 1960 Taken from table, Hearing held and Ordinance given let reading by the following yea and novote, Councilors voting yeas Bailey, Barry, Blaisdell, Brown, Keith, Whittaker. Councilor voting not Higgins. Councilors absents Delano and (roes. Tabled. IN CITY COUNCIL Oct. 249 1960 Taken from table, passed second reading by the following yea and no votes Councilors voting "at Bailey, Barry, Blaisdell, Brown, Delano, Gross, Keith, Whittaker. Councilor voting no Higgins. Taken from table, public Hearing held, L Council voted that the Hearing should _. CITY CL iK be continued to the meeting of Sept. 26, 1960, and the Clark was directed to advertise same. Retabled. CITY CL€Ric IN LIT NC VV Sept. 26, 1960 Taken frrn table, Hearing held. Hearing continued to neat meeting. Retabled. l e L$.y CLERK IN CITY COUNCIL Oct. 24, 1960 This Ordinance having received two readings on separate dates, being properly certified as correctly angieased was finily PASSED by the following yes aM no vote, Councilors voting yees Ballet', Barry, Blaisdell, Brawn, Delano, Press, Keith, Whittaker. Higgins voting no. ____CITY CLERK Webster Avenue, North Bangor, Maine September 29, 1960 Honorable Members of City Council of Bather Council Chambers, City Hall Bangor, Maine Bear Hire: We the undersigned all befog householders of Webster Avenue, North, Burger, Maine understand that ordinance, Item 182-M (repealing and replacing seeing ordinances of the City of Bangor), which has been recommended by the Planning Board of the City, And submitted to the Council for action in June of this year has twice been tabled: first because of anobjection to that part of the Ordinance which would change forma Residence C zone to Residence A zonecertain properties on Webster Avenue, North, aad once again September 26, at which tine supporters for the change appeared before you. As householders of the Area in question we are in full cord, and support the recommendation of the Planning Board to reclassify the zoning of our street as set forth in the above mentioned ordinance. We offer a m efor oursupport of this ordinance, the protection the residents and householders of the street would be afforded from the following threats if the street was classified as Zone A: An anticipated decrease in valuation of residential property which normally follows the advent of commercial enterprises. An anticipated increase of traffic as were commercial enures are located within the ar a (as is already evidenced on the street), endangering the safety of our children. The general deterioration of the neighborhood and street as residential property values decline. To most of us us the street, the purchase of our homes constitutes the largest investment we possibly will make In x lifetimes, and we feel that this Saves tuner can, and should be given the protection afforded by a Residence A zone classification. To this end, we wish the Council would consider favorably the recommeamIntion of the Planning Board in regard to rezoning Webster Avenue, North. Respectfully yours, Residents of Webster Avenue, North wifif4vo,F("7 , •,il �I s � -iexrc( n3 <14 L-QeUsie r sue. no;l� -2- City Council of Bangor. Sep[am6er 29. 1960 9f 9, C. w Qw wE651,� Cux li ,� �"�fryllo0,a�r/.l,.eoil it /e... moi, , �o zJ.�6-��l �.Yr• wit I 1 41 3s /AJcd.t��.?i }9 �l P.�ml�n 16 w ." AuAL, kv,, �a d� y1jj_G�•'��//� � Zi.-�^d�--�t�/CG4rr� d�L J2 his ✓% 2 6 m �i�. 6KPTER VIII Y� ZONING ORDIN E IT It lel This Ordinance shall be known and may be cited as the "Zoning Ordinance of the City of Bangor". CHAPTER VIII Ch. VIII; Art. 9 ARTICLE 9 - STAN)ARD INWSTRY ZCNES Sec. I - Sec. 2 Sec. I Standard Industry Zones. In a Standard Industry Zone n building, land, or premise hall be erected, altered, or used except for one or more of the following uses: 111 Residential use only upon approval of the Zoning Board of Appeals; face note II 121 General Business Zone uses, except residential uses, as hereinbefore set out; 131 Any Industry, trade, or use of premises that is not detrimental, Injurious, noxious, or offensive to a neighborhood by reason of the emission of odor, fumes, dust, smoke, vibration, ornoise or other cause comparable in character ori aggregate amount to that of any use specified, including place of amusement. Provided, however, that a building or use otherwise excluded but distinctly Incidental and essential to a use of a but Idling or plant with a series of buildings permitted to a Standard Industry Zone may be erected, altered, and used If not more than fen percent of the total floor area of the building or plant is to be so cvpied, if not more than fen percent of all the employees are to be engaged therein, if If Is not located within fifty feet of any street line or lot line, and if If Is not detrimental or Injurious to the neighborhood; and provided further that no building or premises shall be erected, altered, or used for any of the following specific uses, except an approval of the Board of Appeals: 111 Coal or wood yard; 121 Junk yard; 131 Lumber yard; 1-4l Public stable; 151 Storage tanks for the storage of petroleum, far, and asphalt products. Sec. 2 Requirements. Buildings or land erected, altered, or used for Industrialv s In a Standard Industry Zone shall comply with the following requirements: fll Building height limit: Maximum 60 feet, unless such part is set back one foot from each street and lot side line for each foot of excess height to a maximum height of 75 feet. 121 Lot area: No required area. 131 Lot coverage: No required coverage. Nate is Residential uses shall comply with the requ-irements of the residentialzone that the use is classified In:- lal Lot width: 151 front yard depth: 161 Side yard width: Ch. VIII; Art. 9 Sec. 3 No required width. No required front yard. No regvlred side yard. I71 Rear yard depth: No required rear yard. Sec. 3 Supplementary Regulations. See Article 12 ZCNIN3 ORDINANCE INDEX Chap. Art. Sec. AGRICULTURAL ZONES VIII 3 1-3 AMENDMENT Vill 16 4 APPEALS VIII IS 1-5 APPENDIXES _ VIII 16 5 DEFINITIONS Vill I I ENFORCEMENT VIII 14 1-6 ESTABLISHMENT OF ZONES VIII 2 1-4 GENERAL BUSINESS ZONES VIII 8 1-3 INDUSTRIAL PARK ZODS VIII 10 3 INTERPRETATION VIII 16 1 LOCAL BUSINESS ZODS VIII T 1-3 NCN-CCNFORMING USES Vill 13 1-5 PARK AND INSTITUTIONAL ZCPES VIII II 1-3 REPEAL Vill 16 2 RESIDENCE A ZONES VIII 4 1-3 RESIDENCE B ZONES VI11 5 1_3 RESIDENCE C ZCNES VIII 6 1-3 STANDARD INDUSTRY ZODS VI11 9 1-3 SUPPLEMENTARY REGULATIO45 VIII Airport Gilding Zones 12 5 Appurtenant Open Spaces 12 8 Corner Clearance 12 E Group Buildings 12 Z Limit of Regulations Affecting Building Width 12 9 Off -Street Loading 12 13 Off -Street Parking 12 12 Planned New Streets 12 11 Professional Uses and Customary Home Occupations 12 3 Projection of Steps, porches and Architectural Features 12 10 Restricted Uses 12 1 Roof Structures 12 6 Tra l lers and Structures for Temporary Residence Purposes 12 2 VALIDITY VIII 16 3 CHAPTER VIII Ch. Vill; Art. I ARTICLE 1 - DEFINITIChIS Sec. I Secs 1 Definitions. The following words and terms shall, for the purpose of this ordinance, have the meanings indicated In this section. I.I Accessory use means a use customarily Incidental n ormete to the principal ua¢ or building and located on the same lot with such principal use or building. 1.2 Alteration means any change, addition, removal o Io if ce ionln construction or use, as classified n this Ordinance. 1.3 Apartment means a roan, or a suite of rooms, In a muT♦T family structure which is arranged, designed, used or Intended to be used, as a housekeeping unit for a single family. 1.4 An apartment house means a dwelling other than a Sou a uling house erected or converted for the purpose of providing three or morehouse- keeping units. 1.5 Area means, s applied to the dimensions of a �6ul7ding, the maximum horizontal projected area of the building at grade. 1.6 Area means, as applied to the lot of land, the Tth of the lot multiplied by the width of the lot. In the case of an odd -shaped lot or Irregular-shaped lot, area would mean the average length multiplied by the average width. 1.7 Basement means a story partly below ground level, bTFa-ving at least one-half of Its height above ground level. 1.8 Board'house means any dwelling unit In wM1l<h more Than four pc r sons either individually or as families are lodged or housed for hire with meals. 1.9 Building means any structure affording shelter. 1.10 BuildinCifnv z ¢,fBo/ha07 fonr means an Inspector of buildings e got. i.11 Bvi ld Ing line means any tine regulating the position .T_ i' aTi wTa9 In relation to the street In accordance with the provisions of this or any other ordinance. 1.12 Cellar means a story partly underground and having mo �e has one-half of Its clear height below the average level of the adjoining ground. Ch. Villi Art. I Sec. I 1.13 A converted multiple dwellingM1suss means a dwelling that has been--altehedfio provide therein two or more dwelling units. 1.14 Cornerlot means any lot situated at the junction OT,T;;or more streets. 1.15 Court means a vertical open space on the some lot with a building and which Is bounded on four sides by either the building or by the bullding and Interior side line of the lot. 1.16 Coverage means the combined area of all the bulldings 7n the lot at the level of the floor of the lowest story above the grade. 1.17 Curb level means the elevation of the street grade esT�by the municipal authorities. 1.19 Depthf lot means the depth from the street line 7o f�lotline or between the street lines of a through lot. 1.19 Coo ble duplex dwellin house means two attached MOM hooses. 1.20 Duplex dwellin house means a whole of a dwelling why icb Is divided horizontally Info two separate dwelling units each of which has an Independent entrance. 1.21 Dwelling means any building or portion thereof which Is designed orused for residential purposes and does not have more than two apartments. 1.22 Dwe�l iinguIt means that portion of a structure or ehicle wME Is occupied as a home or residence by one family or household, 1.23 Family means e r more persons occupying a dwelling ons andlivingasasingle housekeeping unit. 1.24 Garage means a building, shed or enclosure, or a Fart thereof, in which a motor vehicle Is stored, housed or kept. 1.25 Gasolinee Ice station mans a structure, building, or premiseor any portT n thereof where volet l Is Inflammable fuel for retell supply to motor vehicles Is stored, housed or sold. Ch. VIII; Art. I Sec. I 1.26 Grad¢, Iih refe ran�¢�fo boild�ln , means when the curb eve M1as been asfablia had fh mean elevation of the curb level opposite those walls that are located on, or parallel with and within fifteen reef of, at re efI l ne a; or, when the curb level has not been established, or all the walls of the building are more than fifteen feet from street lines, "grade" means the mean elevation of the ground adjoining the building on all sides. 1.27 Height means, as applied to a building, the verfical distance from grade to the highest finished roof surface in the case of flat roofs, or to a point a1 the average height of roofs havinga pitch of more than one foot In flour and one-half feet; height of a building In stories does not include basements and cellars. 1.28 Home Occupation m ens any occupation or profession Z (a) Is customarily carried on In a dwelling unit or In a building or other structure accessory to a dwelling unit, and Ibl Is carried on by a member of the family residing In the dwelling unit, and Icl Is clearly Incidental and secondary to the use of the dwelling unit for residential purposes, and Idl Which conforms to the following additional conditions: I, The occupation or profession shall be carried on wholly with In the principal building or within a building or other structure accessory thereto. o 2. Not more than o a person outside the family sh al lbe employed In the Home Occupation. 3. There shall be no exterior display, n exterior sign, no exterior storage of materials and no other exterior Indication of the Home Occupatton or variaflon from the residential character of the principal bu l Id Ing. 4. No offensive noise, vibration, smoke, dusts odors, heat or glare shall be produced. In particular, a Home Occupation Includes, but Is not limited, to the following: Art Studio Dressmaking Professional office of a physician, dentlst, lawyer, engineer, arch i tecf or accountant within a dwelling occupied by the same. Teaching with musical instruction limited to a single pupil of a time. Ch. Vill; Art. I Sec. I However, a Home Occupation shall not be Interprzfed fc Include fhe following: Barber shops and beauty parlors Commercial stables and kennels Real Estate Offices Restaurants 1.29 Institution means a building used by an orgenleed o-dy o� soclety promoting a particular object or objects and usually of a nen-commercial nature, 1.30 Inferior lot means any lot other than a corner !of, 1.31 Lodyln,house m any dwelling in which me fhan lour pers either Individually or as families are lodged or housed for hire without meals. 1.32 Lot line means the division line between two or more Tfs or between any lot and street. 1.33 Lot or property means a parcel of lend whether or not oeaup leo �y a building or structure. 1.34 Ni wellin is a building or portion thereof con of Ining more Yhan one dwelling unit. 1.35Non-c o nfermin use means s a use of a structure or g to the regulations of the zone In which It Is situated. 1.36 �Occu ie�d shall Include design to be occupied or lmd to be occupied. 1.37 One family dwwell�ng means a detached building mole—lu sl i vely for residence purposes by not more than one famlly. 1.38 �Pa�rkln lof means any area for which a occupancy pe rmif hao n c s beanissued for the . forage of more than five motor vehicles in the open air. 1.39 Perlin, space is an off-street space available for T �f one n motor vehicle and having a area of not less Than 180 square feet per veh lc Is, exclusive of passageways and driveways appurtenant thereto and giving access thereto, and having dl reef access to a street or alley. 1.40 Professional Person or Cccuc efion means any o cupat Ion or a ion re esa psionaI knowledgeof some deparn tment of science or learning Is used by Its practical appl feel Ion to the affairs of others, either advising, guiding or feasting them and In serving their Interest or welfare in the prat lice of an Ch. VIII; Ar}. I Sac. I artfounded unit. The word Implies attainment In Professional knowledge as distinguished from s skill and the application of such knowledge fare for others as a vocation. 1.41 Rearyard shall mean the yard located between the r¢e i.of The building and the rear lot line. 1.42 Sat back means the setting back of The exterior walls 67 a 69 Idling which Is above the basic height from the line of the exterior walls of the building which are below the basic height. 1.43 Service station shall mean any building or land used, or 1n enT�Fa be used for the retail sale of gasoline or the servicing of au}omobi las. 1.44 Side d shall mean a yard extending from the front whe but Icing to the rear wall of the building In line between the side Iine of The lot and the nearest side wall of the building. 1.45 Social clubs end lTo es shall mean a voluntary or corpora a esaoc a o owning or occupying a room, ems, or building or land, whose objects, purpoes and pursul is are sect at, fraternais religlouse political, ¢ducat lona 1, recreational, or charitable, operating without profit ordivision of any revenues to Its members, except as reasonable compensation for special services actually rendered and devoting all revenues received to supporting Its purposes and objectIV&S or to charitable uses. 1.46 Strucfura means everything that Is buil} r constructed: —f parts Joined Together and Includes building and erection, 1.47 Use means the purpose for which a building, structure =Premise, or pert thereof, Is used or occupied or Intended or designed to be used or occupied. 1.48 Used shall Include arranged to be used, designed to esT—used and Intended to be used. 1.49 Width of lot means, where the side lot lines are perry eT,—fFe alliance measured at right angles from such side [Ines across each Io}, and where the side lot lines are not parallel the mean distance between them. CHAPTER VIII Ch. VIII; Art. 2 ARTICLE 2 - ZOJES Sec. 1 - Sec. 4 Sec. I Establlshme nt of Zones. For the purpose of this Ordinance and of the maps contained In Appendix A hereto attached, and hereinafter referred to as zoning maps, the following classes of use zones are hereby established: 111 Agricultural Zones A Zone 121 Residence A Zones RA Zone 131 Residence B Zones RB Zone 141 Residence C Zones RC Zone 151 Local Business Zones L Zone 161 General Business Zones G Zone 171 Standard Industry Zones 51 Zone IBI Park and Insfitutlonal Zones P Zone 191 Industrial Park District Zones IP Zone Sec. 2 Use Zones. The City of Bangor Is hereby divided Into the districts herein referred to as Use Zones delineated on the zoning maps attached. The maps, notations, references, and other Information shown thereon, a hereby Incorporated, and declared to form part of this Ordinance to the same extent as though fully described herein. Sec. 3 Interpretation. In Interpreting and applying the pro- visions of #his Ordinance, said provisions shall be held to be the minimum requirements for the promotion of health, safety, and the general welfare. Sec. 4 Zone Boundary Line Defined. When the position of the boundary line of a use zone, as shown on any zoning map, Is not coincident with the Iimlt of a street Iine, and the distance from such street line Is not indicated, such boundary line shall follow the rear lot line of the property fronting on such street as such Imes exist at the date of the coming Into effect of this Ordinance. CHAPTER VIII Ch. VIII; Art. 3 ARTICLE 3 - AGRICULTURAL ZONES Sec. 1 - Sec. 3 Sec. 1 Use of Agricultural Zones. In an Agricultural Zone, n Building, land, or premises, shall be erected, altered, or used except for one or more of the following uses: (1) A one -family dwelling; Isee note II 12) Agricultural and the sale of agricultural produce; 13) Church or educational v (4) Municipal or public u (5) Accessory use customarily Incident to any of the above uses. Sec. 2 Requirements. Buildings or land erected, altered, or used for agricultural zoneuses, In an agricul- tural zone, shall comply with the following requirements: (1) Building height limit: Maximum 2} stories but not exceeding 35 ft. (2) Lot area: Minimum I Acre (see note 21 131 Lot coverage: Maximum 30 percent (4) Lot width: Minimum 150 feet (see note 21 (5) front yard depth: Minimum 20 feet 161 Side yard width: Minimum 20 feet on each side 171 Rear yard depth: Minimum 30 feet Sec. 3 Supplementary Regulations. See Article 12. Note I: Provided that any residence building axisting on the lot as of December 2, 1940, may be a to redto accommoda fe not more than two fam l lies in accordance with fhe proal s ions of this ordinance. Note 2: Provided that a one -family dwelling may be erected on any lot of record as of December 2, 1940. CHAPTER VIII Ch. VIII; Art. 4 ARTICLE 4 - RESIDENCE A ZONES Sec. I - Sec. 3 Sec. I Residence A Zones. In a Residence A Zone, no buildings land, or premise shall be a ected$ altered, or used except for one or more of the following uses: III One -family dwelling; (see note II 121 Church or educational use; 131 Municipal or recreational use; (4) Accessory use customarily Incident to any of the above uses. Sec. 2 Requirements. Building or land erected, altered, or used for Residence A Zone uses In a Residence A Zone shall comply with the following requirements: 111 Building height limit: Maximum 2q stories but not exceeding 30 ft. (2) Lot area: Minimum 7x500 sq. ft, (see note 2) 131 Lot coverage Maximum 30 percent 141 Lot width: Minimum 60 feet (see note 21 (5) Front yard depth: There shall be in front of very dwelling a front yard having a minimum depth of twenty feet unless the building line plan provides differently and provided that no front yard need be deeper than the average depth of the front yards of the lots next thereto on either side, A vacant lot or a lot Dccupied by a front yard more than twenty feet deep will be con- sidered as ticegh occupied by a building with a front yard twenty feet deep. 161 Side yard width: There shall be on each side of every building a side Yard having a minimum width of six feet, but the sum of the two side yards shall not be less than sixteen feet; minimum side yard width for an accessory use building shall not be less than 3 feet. (7) Rear yard depth: Minimum 24 feet; minimum rear yard depth for an accessory use building shall not be less than 3 feet. Sec. 3 Supplementary Regulations. See Article 12 Note I: Provided that any residence building existing on the lot on December 2, 1940 may be altered to accommodate not more than two families in accordance with the provisions of this ordinance. Note 2: Provided that a one -family dwelling may be erected on any lot of record as of December 2, 1940. CHAPTER VIII Ch. VIII; Art. 5 ARTICLE 5 - RESIDENCE B ZONES Sec. I - Sec, 2 Sec. I Residence B Zones. In a Residence B Zone, no building, land, or premises shall be erected, altered, or used except for one or more of the following uses: (1) Residence A uses as herelnbefore set but; 12) Two-family, three-family, four-famlly residence by l IdIng; (3) Accessory use cdetomarlly Incident to any of the above uses. Sees 2 Raoul rements. Building or land erected, altered, or used for Residence B Zone uses, In a Residence B Zone, shall comply with the following requirements: 111 Building height limit: Maximum 2} stories but not exceeding 35 feet. (2) Lot area: No lot for a building shall contain less than six thousand (6,000) square feet plus fifteen hundred 11,500) square feet for each family housed more than e In the same building; provided that a e-famlly dwelling may be erected on any lot of record at the time this ordinance Is enacted; and provided further that any residence building existing as of December 2, 1940, may be altered to accommodate not more than one family for each twenty-four hundred (2,4001 square feet of the area of the lot. 13) Lot coverage: Maximum 35 percent 141 Lot width; No lot for a building shall have a width of less then sixty 160 feat Pius fifteen 1151 feet for each family housed more than one in the same building; provided that a one-famlly dwelling may be erected on any lot of record as of December 2. 1940. (5) Front yard depth: There shall be In front of every bulltling a front yard having a minimum depth of twenty 1201 feet; provided that no front yard need be deeper than the average of the depths of the front yards on the lots next thereto on either side; a vacant lot or lot occupied by a building with a front yard more then twenty feet deep being considered as though occupied by a building with a front yard twenty feet deep. (6) Side yard wf0h: There shall be on each side of every building a side yard having a minimum width of eight (8) feet; provided that for a one -family dwelling a side yard may be decreased by two feet if the other sIda yard Ch. VIII; Art Sec. 3 Is correspondingly Increased; and provided further that for a -story building of accessory s u e no side yard width need exceed three (3) feet, Wherever a side yard Is adjacent to a streets the regulations for front yards shall apply. I71 Rear yard depth: Minimum 26 feet; minimum rear yard depth for acces- sory use building shall not be less than 3 feet. Sec. 3 Supplementary Regulations, See Article 12 CHAPTER VIII Ch. VIII; Art. 6 ARTICLE 6 - RESIDENCE C ZONES Sec. I - Sec. 2 Sec, I Residence C Zones. In a Residence C Zone no building, land, or premises shall be erected altered, or used except for one or more of the following usesi 111 Residence B uses as hereinbefore set out; (2) Multifamily residence buildings lodging houses tourist home, boarding house, hotel, motels which meets all the requirements of the ordinance for residence buildings; 131 Office for professional persons which meats all the requirements of the ordinance for residence buildings; 141 Social club, hospital, institutions, funeral homes which meets all the requirements of the ordinance for residence buildings; 151 Accessory use customarily Incident to any of the above uses. Sec. 2 Requirements. Building or land erected, altered or used for Residence C. Zona uses, In a Residence C Zone, shall comply with the followingrequirements: 111 Building height IIml1: Maximum 3 stories but not exceeding 40 feet. (see note II (2) Lot area: No lot for a building shall contain less than six thousand (6,000) square feet plus fifteen hundred 11,5001 square feet for each family housed more than one in the some building; provided that a o e-famlly dwelling may be erected on any lot of record a of December 2, 1940;and provided further that any asidence building existing as of December 2, 1940 may be altered to accommodate not more than one family for each fifteen hundred 11,5001 square feet of the area of the lot. 131 Lot coverage: Maximum 40 percent 141 Lot width: Minimum 60 feet (see note 21 Note 1: Building Height Limit: No building shall ax ceed three stories nor shall it exceed forty 1401 feetin height; Provided that a residence building, if set back from each street and lot line is n feet In addition to the minimum Yard requirements plus one foot for each foot of excess height, shall not exceed six stories nor shall It exceed seventy-five 1751 feet In height. Note 2: Provided that a one-famlly dwelling may be erected on any lot of record as of December 2, 1940. Ch. V111; Art. Sec. 3 151 Front yard depth: There shall be In front of every building a front yard having a minimum depth of twenty 1201 feet; provided that no front yard need be deeper than the average of the depths of front yards on the lots neat thereto on either side, a vacant lot or lot occupied by a building with a front yard more than twenty feet deep being considered as though occupied by a building with a front yard twenty feet deep. 161 Side yard width: There shall be on each side of every building a side Yard having a mtntmum width of eight 181 feet; provided that for a one -family dwelling a side yard may be decreased one or two feet If the other side yard is correspondingly Increased; and provided further that for a -story building of accessory use no side yard width need exceed three 131 feet. Wherever a side yard is adjacent to a street, the regulations for front yards shall apply. 171 Rear yard depth: Minimum 24 feet; minimum rear yard depth for acces- sory use building shall not be lass than 3 feet. Sec. 3 Supplementary Regulations. Sea Article 12 CHAPTER VIII Ch. VIII; Art. 7 ARTICLE 7 - LOCAL BUS INE5S ZONES Sec. 1 - Sec. 2 Sec. I Local Business Zones. In a Local Business Zone no building, land, or premises shall be erected, altered, or used except for one or more of the following uses: 111 Residence C uses as herelnbefore set out; 121 Bank or officebuilding containing not more than four offices; 131 Gasoline service station where no major repairs o car sales are permitted, and only upon approval of the Zoning Board of Appeals; t41 Place of assembly, public hall, or public building; 151 Any other retail business or service which has a single floor area not greaserthan 2,000 square feet, and Is conducted entirely within the building. Sec. 2 Requirements. Building or land erected, altered, or used for Local BusinessZane uses, In a Local Business Zone shall comply with the foilow Ing requirements: 111 Building height limit: Maximum 2} stories but not exceeding 35 feet. 121 Lot area: Minimum 6,000 square feet (see note II 131 Lot coverage: Maximum 40 percent 141 Lot width: Minimum 60 feet (see note 2) (5) Front yard depth: There shall be in front of every building a front yard having a minimum depth of twenty 1201 feet; provided that no front yard need be deeper than the average of the depths of the front yards on the lots next thereto on either side, a vacant lot or lot occupied by a building with a front yard twenty 1201 feet deep. There shall be in front of every building unit not fronting on a street, a front yard having a minimum depth of twenty (201 feet. Note 1: Plus fifteen hundred (1,500) square feet for each family housed more than one in the same building, except that for residence building In a Local Business Zone, which zone Isadjacent to a General Business Zone, the lot area requirement In General Business Zones shall apply; provided that a e -family dwelling may be erected on any lot of record as of December 2, 1940, and providedfurther that any residence building otherwise existing on a lot contain- ing less than twelve thousand 112,0001 severe feet as of December 2, 1940, may be altered to accommodate not more than one family for each twenty-four hundred (2,400) square feet of the area of the lot. Note 2: Provided that a one -family dwelling may be erected on any lot of record as of December 2, 1940. Ch. VIII; Art. Sec. 161 Side yard width: There shall be on each side of ayery boilding a side Yard having a minimum width of eight Igl feet; provided that on a lot adjacent to a lot on which there Is no building within sixteen feet of the common lot line, unless contiguous to such a lot line, and not within eight feet of a Residence or Agr[cultural Zone, a but lding or use other than a residence bulldl ng may be contiguous to such lot Ilne; and Provided further that for a one-story but ld Ing of accessory use side yard width need exceed three 131 feet. Wherever a side yard Is adjacent to a street, the regulations for front yards shall apply. 171 Rear yard depth: Minimum 26 feet; minimum rear yard depth for acces- sory use building shall notbe less than 3 feet. Sec. 3 Supplementary Regulations. See Article 12 CHAPTER Vill Ch. Vill; Art. 8 ARTICLE B — GEIsERAL BUSINESS ZC6E Sec. I — Sec. 3 Sec. I General Business Zones. In a General Business Zone n building, land, or premises shall be erected, altered, or used except for one or more of The following uses: 111 Local Business Zone uses s hereinbefore set out, (2) Any business or service except manufacturing. Sec. 2 Requirements, Building or land erected, altered, or used for General Business Zone uses, In a General Business Zone, shall comply with the following requirements: (1) Building height limit: Maximum 60 feet [see note II 121 Lot area: No required area (see note 2) (3) Lot coverage: 100 percent coverage (4) Lot width: No required width 151 Front yard depth: No required front yard (see note 2) (6) Side yard width: No required side yard Isee note 2) (]) Rear yard depth: No required rear yard (see note 21 Sec. 3 Supplementary Regulations. See Article 12 Note I: Unless such part Is set back one foot from each street and (of side line for each foot of excess height, n building shall exceed In volume Its lot area multiplied by sixty feet, and no building shall exceed seventy—five (75) feet in height. Note 2: Residential Uses shall comply with requirements of the residential zone in which the use is classified. CHAPTER VIII .Ch. Vill; Art. 10 ARTICLE 10 — INDUSTRIAL PARK ZONE Sec. I - Sec. 3 Sec, I Industrial Park Zone. In an Industrial Park Zone, no building, land, or premises shall be erected, altered, or used except for one or more of the following uses: (1) Any manufacturing, compounding, assembling, parking, treatment or warehousing of goods and products; 121 Offices directly connected with an Industry; (3) Motor vehicle garages directly connected with an Industry; (4) Restaurants dl rectly connected with an Industry; 151 Truck terminals, warehouses, branch banks. Sec. 2 Requl rements. Buildings or land erected, altered, or used for Industrial uses In an industrial Park Zone shall conform with the following requirements: 111 Lot coverage: Maximum 25 percent (2) Front yard depth: Minimum 50 feet (3) Side yard width: Minimum 50 feet each side (4) Rear yard depth: Minimum 50 feet 151 Landscaping: Front and side yard shall be grassed and maintained. (6) Off—street facilities: Sufficient space for company vehicles and freight and delivery trucks. ITI Parking area: One space for each two employees. (8) Industrial wastes: Industrial and sanitary wastes shall be discharged Into private sewerage rage disposal and public municipal sewer systems Inaccordance with State Statutes and Municipal Ordinances. Sec. 3 Land Use Control. (l) Dust, Dirt, and Fly Ash: Shall not exceed 0.3 grains per cubic foot of flue gas at stack temperature of 500 degrees Fahrenheit and not to exceed fifty percent excess air and shall In no manner be unclean, destructive, unhealthful, hazardous, nor shall visibility be impaired by the emission of a haze which unduly Impedes vision within apparent opaqueness equivalent to No. I of the Ringlemann. Ch. VIII; Art. 10 Sec. 3 121 Odor: Tanner Its, stock yards, glue factories, all refineries, soap factories, artificial gas manufacture, rubber manufacture, fertilizer manufac— ture, and similar Industr les must present detal led plans to the local Planning Board for a Iminat Ton of obnoxious odors before a permit Is granted. 131 Noxious Gases: Any process likely to emit noxious gases, must present detal led plans to the local Planning Board for elimination of such gases or fumes before permit is granted. 141 Fire and Safety Hazards: Only buildings which are In conformity with the Building Code are permitted In and around this zone when reasonale precautions are taken against fire b and explosion hazards to adjacent property. Within this zone, no buildings or structures of wood frame construction shall be erected. All exterior walls shall be of fire rating material. Buildings of unprotected metal construction shall conform with Article 'V, Chapter 401, Paragraph M of the Building Code of the City of Bangor. Area shall conform with Article IV, Section 404, of the Building Code of the City of Bangor. 151 Noise: Noise is required to be muffled so as not to be too object Jonah to due to the intermittence, beat frequency, or shrillness. 161 Billboards: No billboards for advertising signs other than those Identfying the names business and products of the personal firm occupying the premises, except that a sign not to exceed ten feet by twenty feet In size offering the premises for sale or lease may be permitted. CHAPTER VIII Ch. VIIii Arf. It Sec. I + Sec. 3 ARTICLE II - PARK AND INSTITUTICNAL ZONES Sec. I Park And Institutlonai Zones. In a Park and Institutions: Zone, no building, land or premises shall be erected, altered, or used except for one or more of the following uses: 111 Cemetery; 121 HospiI a 1, school, university, church, Ilbrary, or other Institutions of a similar type either public or private' 131 Public par; 141 Recreational field, sports club, public hall or of her IIke common l ty purpose; 151 Accessory use customarlly Inc [dent to any of the above uses. Sec. 2 Recut remenfs. Buildings or land erected, altered, o used for park or Institutional uses In a Park And Ins f I fuflonal Zone shall comply withthe following re Cul remenfs: 111 Building height limit: Maximum 2} stories, but not exceeding 35 feet Isee note II 121 Lot area; Min Imum I acre 131 Lot coverage: Maximum 30 percent 141 Lot width: Minimum 150 feet 151 Front yard depth: Minimum 20 feet 161 Side yard width: Minimum 20 feet on each side IZI Rear yard depth: Minimum 30 feet Sec. 3 Supplementary Regulations. See Article 12 Note I: Unless such part is set back one foot from each street and lot side IIne for each foot of excess height, n building shall exceed In volume Its lot area multiplied by sixty feet, and no building shall exceed seventy—five feet In height. CHAPTER VIII Ch. Viii; Art. 12 Sec. I - Sec. 6 ARTICLE 12 - SUPPLEMENTARY REGULATIO6 Sec. I Restricted Uses. In any zone, buildings or premises may be erected, altered, and used for any of the fallowing purposes on approval of the Board of Appeals: III An accessory use and/or building not on the same lot to which It is accessory; (2) Aviation use; (3) Cemetery; 141 Greenhouse; (5) Golf club; (6) Hospital, sanitarium, Institution, or philanthropic Use; 171 Municipal u (8) Public utility building or use necessary for the public welfare. Sec. 2 Trallers and Structures for Temporary Residence Purposes. In any zone except Residence, Local Business, and Standard Industry Zones, overnight camps, trailer camps, trallerss and structures for temporary residence purposes otherwise excluded may be erected, altered, and used on approval of the Board of Appeals. Sec. 3 Professional Uses and Customary Home Occupations. Subject to the requirements under Article I, Section 1 (1), nothing herein shall prevent a professional person from conducting his business In his hone or residence or In an adjoining accessary building; or a customary home occupa- tion in residence buildings; provided that there shall be no external evidence of such occupation, except a sign. Sec. 6 Corner Clearance. On a corner lot In any zone ax cept General Business and IndustryZones, o building or structure may be erected and no vegetation, other than shade frees, may be maintained above the height three feet above the plane through their curb grades between the side lines of intersecting streets and along joining points on such lines twenty (20) feet distant from their point of Intersection, or In the case of a rounded street corners the point of Intersect Ion, of theirtangents. Sec. 5 Airport Gliding Zones. No structure shall be erected nor vegetation allowed to exist, within airport gliding zones in the vicinity of any airport owned or operated by the City of Bangor at a height greater than that prescribed by the Civil Aeronautics Authority. Sec. 6 Roof Structures. Spires and towers not used for human ocupafion, chimneys, and roof structures, Including elevator housings, tanks, poles, and antennas may extend above the height limitations herein fixed; provided Ch. VIII; Art. 12 Sec. ] - Sec. 12 that such extension shall not exceed the airport gliding zones height restriction; and provided further that parapet walla, bulkheads) and similar projections and appurtenances may so extend not more than five feet. Sec. ] Group Buildings, Where a parcel of land Is to be occupied Dy more than one building other than an authorized accessory building, each but Icing shall be treated as though on a separate lot, unless the Board of Appeals authorizes a redistribution of required yard space In harmony with the Intent of the requirements of this ordinance. Sec. 8 Appurtenant Open Spaces. No yard lot size, or other open space required for a bullding by this ordinance shallduring the existence of such building be occupied by or counted as open space for another building. Sec. 9 Limit of Regulations Affecting Building Width. On no lot held under separate and distinct ownership from adjacent lots and of record at the time It is placed In a Residence or Agricultural Zone, need the building width be reduced by the yard requ lrements of this ordinance to less than twenty-four feet, Sec. 10 Projection of Steps, Porches, and Architectural Feature. Nothing herein shall prevent the projection of steps and unenclosed entrance porches not exceeding twenty-four square feet in area, eaves, cornices, windowsills, or belt courses Into any required yard. Sec, II Planned New Streets, After the line of a future street Is placed on the Official Map of the City of Bangor, buildings shall be set back from such line as though it were a street line. Sec. 12 Off -Street Parking. The following off-street parking space shall be provided and maintained by the owner of every building hereafter erected, altered, or used for one or more of the following uses: I ) Dwelling: One parking space for each dwelling unit In the building. (2) Hospital, Sanatorium, or Nursing Home: One parking space for every four patients. 131 Hotel: One parking space for every three guest rooms. Idl Motel: One parking space for each guest room. 151 Office Building: One parking space for each 300 Square feet of office floor area. Ch. VII I; Ar 1. 12 Sec. 13 161 Place of Public Assembly: One parking space for every eight seats. (]) Tourist Homes: One parking space for each guest room. All parking spaces provided pursuant to this section shall be on the same lot with the building, except that the Zoning Board of Appeals may reduce the requirements or permit the space to be on another lot within 500 feet distance, In accordance with their powers. These parking requirements shall not apply to any business located In a business zone. Sec. 13 Off -Street Loading. In a Local Business Zone, a General Business Zone, or a Standard Industry Zone, the owner of any building erected, altered, or used for commercial purposes shall be designed In such a way as to provide for off-street loading and unloading of motor vehicles. CHAPTER VIII Ch. VIII; Art. 13 ARTICLE 13 - N-CCNFORMIW USES Sec. 1 - Sec. 5 Sec. I Continued Use of Non -Conforming Uses Permitted. Any lawful building or use of premises, or any part thereof, existing as of Decem- ber 2, 1940, or any amendment tberemfy may be continued although such building or use does not conform to the Provisions thereof. See. 2 Non -Conforming Uses Prohibited. If a non -conforming use of premises Is discontinued for a period of one year, any future use of said premises shall be In conformity with the provisions of this ordinance and no building which has been damaged by fire or other cause to the extent of more than three-quarters of Its assessed value shall be repaired or rebuilt, except in conformity with the provisions of this ordinance. Sec. 3 Repair and Restoration of Now -Conforming Uses. Except as provided above, a building of non -conforming use may be repaired or restored to a safe concilf ion; or, if on the same or an adjacent parcel of land In the same single or joint ownership of record at the time if Is placed In a zone, said building may on approval of the Board of Appeals be enlarged or altered In such a manner that It will not Increase any detrimental or injurious effect of the building or use on the neighborhood. Sec. 4 Nen-Conforming Use Changes. Any non -conforming use of premises may be changed to a use with the same or a less detrimental and Injurious effect on the neighborhood or, If In a part of a building designed or Intended for such non -conforming use and of the some single or joint ownership of record at the time if is placed in auch non -conforming use may be extended throughout osais dbut [ding. Sec. 5 Permit Requirements. 111 A permit for a non -conforming temporary building or e Incidental to the development of a neighborhood, may be Issued for an initial period of not more than two years, provided that such but ;ding or use Is not seriously detr[mentaI to the ne lghborhood, and pro- vided the application, therefore, is accompanied by a bond and bill of sale to the City of Bangor in case the building is not removed and the use discontinued prior to the expiration of the permit. Permits may be renewed under Iike Condit Ions for success l we Periods of not more than one year each. 121 A permit for a quarry o and pit, or for the removal of sol 1, loam, sand, rocksor gravel from land, except n when incidental to, and In connection with, the construction of a but Icing or structure for which a permit has been Issued, or except when Incidental to Ch. VIII; Art. 13 Sec. 5 Permit Requirements. the grading or lay Ing out of land for development or landscaping purposes may be Issued for an In it lel period of not more than two years, provided such use Is not seriously deir lmentaI to the ne lghborhoodf and, such permits shall only be granted In the following zones: Aer icu l lural and Standard Industry. No excavation shall be permitted within twenty 120) feet of an existing or approved street except to conform with approximate street grades; nor shall any excavation be perml tied within twenty 1201 feet of any property line except to conform with approximate grade of adjacent property. After completion of xcaval ion, the area Is to be regraded with finished slopes not to exceed I:Ij (vertical to horizontal) In undisturbed earth, 1:2 In earth fill, and 4:1 In rock whether or not the ground surface will be below water. Permits may be renewed under Iike conditions for success lye per lods of not more than one year each. CHAPTER VIII Ch. VIII; Art. 14 ARTICLE 14 - ENFORCEMENT Sec. I - Sec. 4 Sec, I Inspector of Buildings - Enforcement Officer. This ordi- nance shall be enforced by the Inspector of Buildings in the same manner and with the same powers as now or hereafter practiced or provided under the Building Code of the City of Bangor. No building or structure, or part thereof, shell be erected, altered, or moved without a permit from the Inspector of Building. Sec. 2 Certificate of Occupancy Required. No building or premises, r part thereof, a ectec or altered either wholly or partly in Its use r structures or moved, o of which the yards o other spacesare In any wayreduced, and no vehlc Is used or to be used for residence purposes or for the sale of goods hereafter placed or moved shall be used without a certificate of occupancy from the Inspector of Buildings. Sec. 3 Certificate Requirements. Applicatlon for all permits or certificates of occupancy shall be made to the Inspector of But Icings and shall give sufficient Information for him to determine that the building end/or use of premises will conform In all aspects to the provisions of this ordinance. On fl l Ing of the application for a permit, the Inspector of Buildings shall, except as he re l net ter ProvI ded, forthwith, at the expense of the applicant, publish an extract of the application at least once In the dally newspapers published In the City of Bangor. At the expiration of five days from the purl lcatlon of said extract, the Inspector of Buildings shall determine whether or not a permit shall be granted or denied, and shall recordm the s with the date of such determination on the application and, In all cases where the permit Is granted shall, at the expiration of five days from said dates issue said permit to the applicant unless an appeal from his decision has been taken. Sec. 4 Permits, Applications, and Requirements. On the filing of an application for a permit for any of the following purposes: (it The construction of a one -family dwelling In a Residence or Agriculfural Zone; 121 The construction of a private garage not to exceed three -car capacity in a Residence or Agricultural Zone; 131 Any alteration of a building or premises which does not involve a building or premises of non -conforming use; 141 The construction of a fence. Ch. VIII; Art. 14 Sec. 5 - Sec. 6 The Inspector of Buildings shall Issue such permit without delay upon determinat ion that the Building and use of premises will conform In all respects to the provisions of this ordinance. Sec. 5 Application for Permits - Board of Appeals Action. App l lcai Ions for perm Its of cart if lcates of occupancy requiring a determination by the Board of Appeals under the Ordinance may be referred by the Inspector of Buildings, without previous determination on his part, directly to the Board of Appeals for hearing which shall be advertised at the expense of the applicant. Sec. 6 Violations. Whoever violates any of the provisions of this ordinance may be fined not exceeding fifty dollars for each day of such violations. CHAPTER VIII Ch. Vill; Art. 15 ARTICLE 15 - APPEALS Sec. I - Sec, t Sec. I Board of Appeals Established. A Board of Appeals Is hereby established. The word 'Board", when used in this section, shall be construed to mean The Board of Appeals. The Board shall consist of three members and one associate member who shall be residents of the City of Bangor as provided by the Revised Statutes of the State of Maine. No member of the Board shall be a member of the City Councll while serving on the Board. The term of office of the members of the Board shall be such that one expires each year. Associate Members shall be appointed for terms of three years each. A vacancy shall be filled of the unexpired term only. The Associate Members shall act on the Board In place of any member who may be unable to act due to interest, absence from the State, or physical incapacity. The members may be removed for cause by the City Council upon written charges and after public hearing. The members of the Board shall receive no compensation for their service. The Board shall adopt from time to time such rules and regulations as it may deem necessary to carry Into effect the provisions of this section. Sec. 2 Meetings and Procedures of Board. All meetings of the Board shall be open to the public. The Board shall keep minutes of Its proceedings recording the vote of each member upon each question and indicating the absence, or (allure to vote, of any member; and the final disposition of Appeals shall be recorded by resolution Indicating the reasons of the Board therefore, all of which shall be a public record. Sec. 3 Method of Appeal. Appeal from the decision of the Inspector of Buildings may be taken by the appli- cant, by the owner of any property affected by the decision of the Inspector of Buildings, or by the City Manager within five days after the determination of the Inspector of Buildings or before the Issuing of the permit. The appeal shall be filed with the Inspector of Buildings and shall be to the Board of Appeals, and fr orn sold Board to the Superior Court. The appeal to the Superior Court shall be within 30 days after the decision of the Board of Appeals as provided for by Law. The Board may affirms modify, or reverse the decision of the Inspector of Buildings in accordance with the terms of this Ordinance. Sec. 4 Exceptions Permitted, The Board mays after public hearing advertised ten days In advance and by two-thlyds vote of their entire memberships permit exceptions to the regu laflons of this Ordinance In the classes of cases or situations set forth therein, and variations therefrom in specific cases so as to grant reasonable use of property where necessary to avoid undue hardship and without substanftally departing from the Intent of the plans and regulations of This Ordinance. Ch. Vill; Art. 15 Sec. 5 Sec. 5 Actions of Board Defined. The Board shall always act with due consideration to promoting health, safety, and the general welfare, encouraging the most appropriate use of land, and conserving property value, shall not permit any buildingand/or use e detrimental or Injurious to the neighborhood, and may, Inpassing upon appeals or In granting a permit or certificate of occupancy whenever It Is provided In this Ordinance that the approval of the Board of Appeals is required, prescribe appropriate conditions and safeguards In each case. CHAPTER VIII Ch. VIII; Art. 16 Sec. 1 - Sec. 5 ARTICLE 16 . INTERPRETATION, REPEAL, VALIDITY AMENDMENT, AND APPENDIXES Sec, I Interpretation. This Ordinance shall not Interfere with, abragates annul, or repeal any ordinance other then Chapter 0, of the Laws and Ordinances of the City of Bangor, as amended, formerly exisfings or any rule, regulaflon, or permit previously or hereafter enacted, adapted, or Issued pursuant to law; provided that, unless spec if lcally expected, where this Ordinance Imposes greater restrictions, Its provls Ions shall control, Sec. 2 Repeal of Chepter B. Chapter 0, of the last Ordinance of the Cify of Bangor of 1954, as amended, formerly exisiing, Is hereby repealed except that if shall remain In full force for the irtal and punishment of all past violations of It and for the recovery of penalt les and forfeitures already Incurred. Sec. 3 Validity. If any section, or part thereof, of fhis Ordinance is held invalid by the Court, the remainder of the Ordinance shall nor be affected thereby. Sec. 4 Amendment. This Ordinance may be amended as provided by Section 61, of Chapter 90-A of the Revised Statutes of Maine of 1954 as amended, Sec. 5 Appendix_. Appendix A Zoning District Maps. Said maps, notations, references, and other informai ion shown thereon, are hereby Incorporated In and declared to form part of this Ordinance to the aa extent as though fully described herein. Appendix 8 Height Limiting Zone. This regulation shall be part of the Zoning Ordinance of the City of Bangor. CHAPTER VIII Ch. VIII; Appendix 8 Sec. I — Sec. 2 APPENDIX B - HEIGHT LIMITING ZONES REGULATING AND RESTRICTING THE HEIGHT OF STRICTURES AND OBJECTS OF NATURAL GROWTH, AND OTHERWISE REGULATING THE USE OF PROPERTY, IN THE VICINITY OF DOW AIR FORCE BASE, BN GOR: M41NEs BY CREATING HEIGHT LIMITING ZONES AND ESTABLISHING THE BOUNDARIES THEREOF: PROVIDING FOR CHANGES IN THE RESTRICTIONS AND BOUNDARIES OF SUCH ZCNES: DEFINING CERTAIN TERMS USED HEREIN: PROVIDING FOR ENFORCE- MENT: PROVIDING FOR APPEALS: AND IMPOSING PENALTIES. Be It ordained by the City Council of the Cl ty of Bangor, that In pursuance of the authority conferred by Sections 22 through 27 Inclusive Chapter 24 of the Revised Statutes of Maine 1954 and for the purpose of promoting the health, safety, and the general welfare of the Inhabitants of Bangor, Maine by preventing the creation or establishment of flight hazards, thereby protecting the lives and property of users of Dow Air Farce Base, and of occupants of land In Its vicinity and preventing destruction or Impairment of the utility of the airfield and the public Investment therein, as follows: Sec. 1 Short Title. This Ordinance shall be known and may be cited as the "Airfield Zoning Ordinance of Bangor, Maine.n Sec, 2 Definitions. As used In this Ordinance, unless the text otherwise requires. 2.1 Airfield. Airfield refers to any Air Force airfield. In this Ordinance, airfield means Dow Air Force Base. 2.2 flight Hazard. Flight Hazard.means any structure or natural growth, or use of land which obstructs or restricts the airspacerequired for the safe flight of aircraft In landing, taking—off, or maneuvering at or In the vicinity of the airfield. 2.3 Nonconforming Use. Nonconforming use means any r structure, natural growth, o use of land which does not conform to a regulation prescribed in this Ordinance or an amendment thereto, as of the effective date of such regulations. 2.4 Person. Person means any Individual, firm, co—partner— ship, company, corporation, association, Joint stock association, or body politic, and Includes any trustee, receiver, assignee, or other similar representative thereof. 2.5 Structure. Structure means any object constructed or Installed by men, Includings but without limitations buildings, towers, smoke—stacks, and overhead transmission lines. 2.6 Landing Area. Landing a ns that part of the airfield that me or Intended to he used for landing and taking—off of aircraft. Ch. Will Appendix 8 Sec. 3 - Sec. 4 Sec. 3 Zones. In order to carry out the purposes of this Ordinance, all of the land within the boundaries of Bangor, Maine, and within 50,000 feet of the established airfield reference point is hereby divided Into height limiting zones, the boundaries of which and the heights applicable thereto are shown on the Dow Air force Base Airfield Zonin Plans, numbered G-17 anda e 7- olwember an num era - 89 and dated IS January 1956, and zone planeschemat if drawing, Dow Air Force Base Airfield ¢Zonin Plan, dated 20 September which are a ac e made a part hereof, and flied In the Office of the City Clerk of the City of Bangor, Maine. 5¢c. 4 Height Limit. Except as otherwise provided In this Ordinance, no structure or natural growth shall be erected, altered, allowed to grow, or maintained In the height limiting zones hereinafter described to a height In excess of the height specified therefor or established for such zone. For the purposes of this Ordinance, the following height limits are established for each of the height limiting zones Inquestion. For the purpose of this Ordinance, al figures are based o City of Bangor data elevations calculated from mean high sea level: A-4 Zane: 159 to 359 Feet A-15 Zone: 202 to 402 Feet A-22 Zone: 158 to 358 Feet A-33 Zone: 173 to 373 Feet 3-4 Zone: 359 Feet B-15 Zone: 402 Feet B-22 Zone: 358 feet B-33 Zone: 373 feet C Zone: 202 to 352 Feet D Zone: 352 Feet E-4 Zone: 359 to 702 Feet E-15 Zone 402 to 702 Feet E-22 Zone: 359 to 702 Feet E-33 Zone: 373 to 702 Feet F Zone: 352 to 702 Feet G Zone: 702 Feet Ch. VIII; Appendix 8 Sec. 5 - Sec. 8 Sec. 5 Use Restrictions. Notwithstanding any other provisions of this Ordinance, no use may be made of land within any of the zones listed In Section 4 in such manner as to create excessive smoke or vapor producing acivities sufficient to Interfere with and Impair the visibility In landing, taking -off, or maneuvering of aircraft; or as to create electrical interference with radio communication be lween the airfield and aircraft; make if difficult for pilots to distinguish between airfield lights and others; result In glare In the eyes of pilots using the airfield; Impair visibility In the vicinity of the airfield; or otherwise endanger the land - Ing, faking -off, or maneuvering of aircraft. 5.1 Distance From Runway. Notwithstanding any other provisions of this Ordinance, no use may be made of land within a distance of at least 11,000 feet from the ends of the runway pave- ment In any approach zone In such a manner as to allow the erection of places of public assembly, schools, churches, hospitals, barracks, apartment houses, and like buildings. If Is also the purpose of this sub-secflon to promote the use of said land for agricultural pursuits and to confines Insofar as possible, the erection of residential property outside, or at least to more distant portions within, the approach zone. Sec. 6 Nonconforming Uses. The regulations prescribed In sections 4 and 5 of this Ordinance shall not be c nsirued to require the removal, lowering, or other change or alteration of any structure or natural growth not conforming to the regulations as of the effective date hereof, or otherwise Interfere with the continuance of any nonconforming use. Nothing herein contained shell require any change In the construction, alterations or Intended use of any structure the construction or altera- tion of which was begun prior to the effect lve date of this Ordinance and Is diI Igently prosecuted and completed within two years thereof. Sec. 7 Variances. Any person desiring to erect any structure or Increase the height of any structure, or permit natural growth, or use his property, not In accordance with the regulations prescribed In this Ordinance, may apply for a variance therefrom. Such variance shall be allowed where a literal application or enforcement of the regula flons would result In practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public Interest but do substantial justice and be In accordance with the spirit of this Ordinance. Sec. 8 Parasite and Enforcement. The enforcement of This Article and the Issuance of permits shall be governed by the following provisions: Ch. VIII; Appendix B Sec. 9 - Sec. t0 0.1 Administrative Agency, The Inspector of Buildings Is hereby des lgnated the administrative agency charged with the duty of administer Ing and enforcing the regulations herein prescribed. The duties of the Inspector of Buildings shall include that of hearing and deciding all permits under this section, but the Inspector of But Icings shall not have or exercise any of the powers or duties herein delegated to the Board of Appeals. 8.2 future Uses. No material change shall be made in the use of land, and no structure or natural growth shall be erected, altered, planted, or otherwise established,in any of the height limiting zones herein specifically listed, unless a permit therefore shall have been applied for and granted. Each such application shall Indicate the purpose for which the permit is desired, with sufficient particularity to permit If to be determined whether the resulting use, structure, or natural growth would conform to the regulations herein prescribed. If such determination Is In the affirms - five, the permit applied for shall be granted. 8.3 Extsfing Uses. Before any existing use or structure may be replaced, substantially altered or repaired or rebuilt, within any of the specifiedheight limiting zones, a permit must be secured authorizing such replacement, change, o repair. No such permit shall be granted that would allow the establishment or creation of a flight hazard or permit aoonforming use or structure to be made or become higher, or became a greater hazard to air navigation then If was on the effective date of this Ordinance or than It Is when the applies - lion for a permit Is made. Except as Indicated, all applications for a permit for replacement, changes or repair of existing use or structure shall be granted. Sec. 9 Hazard Marking and Lighting, Any permit or variance granted under Sections 7 0 0 may, If such action Is considered advisable to effectuate the purposes of this Ordinance and reasonable in the circumstances, be so conditioned as to require the owner of structure In question to permit the United States Government, at its ownexpense, to Install, operate, and maintain thereon such markers and lights as may be necessary to Indicate to aircraft pilots the presence of a flight hazard. Sec. 10 Appeals. The Board of Appeals established by the City of Bangor, Maine Zoning Ordinance dated January 7, 1954, shall be the Board of Appeals herein. The provisions of Article 14 of said Zoning Ordinance will be applicable and controlling hereto except as follows: Ch. VIII; Appendix B Sec, II'- Sec. 14 10.1 Variations. Variation will be allowed In those cases where a I[feral application or enforcement of the regulaflons would result In practical difficulty or unnecessary hardship and the relief granted would not be contrary to the pvblic Interest but do substantial justice and be In accordance with the spirit of this Ordinance. An appeal shell stay all proceedings In furtherance of the acllon appealed from, unless the Inspector of Buildings certifies to the Boards after the notice of appeal has been filed with It, that by reason of the facts stated in the certificate a stay would, In his opinion, cause Imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by order of the Board on notice to the Inspector of Buildings and on due cause shown. Sec. II Judicial Review. Any person aggrieved, or taxpayer effected by any decision of the Board of Appeals, may appeal to the Superlor Court as provided In Sectlon 25, of Chapter 24 of the Revised Statutes of Maine 1954. Sec. 12 Penalties. Each violation of this Ordinance or of any regulatlon, order, or ruling promulgated hereunder shall be punishable by a fine of not more than $100.00 or imprisonment for not more than 90 days, or both such fine and imprisonment, and each day a violation confinues shall be a separate offense. In addlflon, the political subdivision within which the property Is located may Institute In any court of competent jurisdiction an action to prevent, restrain, correct or abate any viola- tion of sections 22 to 27 inclusive or of airfield zoning regulations adopted under the provisions of sections 22 to 27, inclusive, or of any order or ruling made In connection with their administration or enforcement, and the court shall adjudge to the plaintiff such relief, by way of Injunction, which may be mandatory or ofherwiset as may be proper under all the facts and circumstances of the case, In order fully to effectuate the purposes of sections 22 to 27 Inclusive, and of the regulations adopted, and orders and rulings made pursuant thereto. Sec. 13 Conflicting Regulations. Where this Ordinance Imposes a greater or more stringent restriction upon the use of land then Is Imposed or required by any other ordinance or regulations the provisions of this ordinance shall govern. Sec. 14 Severabilify. If any of the provisions of this Ordinance or the app]Icaflon thereof to any person or circumstances Is held invalid, such Invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the Invalid provisions or application, and to this end the provisions of this Ordinance are declared to be severable. �-2- City Council of Bangor, September 29, 1960 l