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HomeMy WebLinkAbout1974-06-10 202 AB ORDINANCEBeU ordairwd by the Clty CoanaR ofthe CtyafBaA .aeho s:
THAT Chapter VIII of the Ordinances of the City of Bangor is hereby
repealed and the following Articles and provieiond exacted in place
01 thereof:
CEAPIER VIII
ZGNING ORDINANCE
(TITLE) This Ordinance shall be known and cited as tae "City of
Eengor Zoning Ordinance.'
Introduced by Councilor Henderson,
June 10, 1975
CITY
OF BANGOR
0
v
(TITLE.) (0r4bium t¢t
city of paa&
Zoning Erdinsnc-
BeU ordairwd by the Clty CoanaR ofthe CtyafBaA .aeho s:
THAT Chapter VIII of the Ordinances of the City of Bangor is hereby
repealed and the following Articles and provieiond exacted in place
01 thereof:
CEAPIER VIII
ZGNING ORDINANCE
(TITLE) This Ordinance shall be known and cited as tae "City of
Eengor Zoning Ordinance.'
Pi
VF 202 A6
IN CITY COUNCIL
OFDINANA
dune 10, 1974
RLC;L`IVEO
Received 1st 62M xeaaings,
consider next ting.
( TITLB,) _city o'alfnn n ordinance
194 AN —5 M Z 11
CITY CLERK'S OFFICE
CITY cI,E%
:]*y fF PAMAR KINE
,�.`
IN COUNCIL
June 24, 1974
r,i
Gf %"':N CITY COUNCIL
Consider July 22, 1979.
IRErrtirs� M1 j11B3 �/
//=�7reptember 23, 1974
econsidered, the
ngrossing a of
CITY PK
he previouscFeeling
L� Ihrnv
ended. Article 4
IN clTY CoaNxIL
ection z w ended
dolt z2. 19]a
t Cw'2ctly
o read as follows:
conaiaer next meeting.
An
ec. 2 Establries
L
ac
end
f zone Bouap.
zoning Napo. Fort he
his
urpose f mie orale
she boundaries
IN CITY COUNCIL
£ all e n theAugust
12, 19]4
/
o£ Bangor are he[s-
Amenaed - ee list o£ amendee
�—
n-ity
4�1✓1y established, as shunt
n file, 1 through 26. Consider
CceMttfee
n the "Zoning Map of
next meeting.
Fe City of Bangor,
Estria el Q13i/49¢.98.
dated September 23, 1974
consisting of, 129 pages inclusive, pre -
CS TY CR%
IN CITY COUNCIL
pared by the Planning Department of the
September 9, 1974
City of Bangor, appealed hereto, and marls
IN C Y COUCIIL
Amended, one memo dated 9/9%/9), lters
a part hereof. Said map shall be re -
August 26, 1974
1 through S,also In mendment 44 the
ferret to and designated as the "Zoning
Page 22 (a) amended by inserting
word "buildings" is deleted and the
Nap of the City of Bangor." Said Zoning
the word "kennels" after the Word
Word "structures" substituted therefor.
Cap, together with all notations, refer -
"pounds", consider next meeting.
Further amenaea by a1yt4y maps 1-1, 2-2,
cases and other explanatory matte[ there -
3 -3, 4-4, 5-5 and 6-6. On map 1-1, see
shall be deemed to accompany, be, an`
zone"C-2" on original map and include.
are hereby declared a part of this Orli-
CITY
engrossed, passed 3rd reading, motion to
nasul.rp and by the inclusion of the
consider next meeting failed hy, the follaofficial
map. Engrossed, passed 3rd
ing yes and no votes: Councilors voting
and final reading by the following yes
yes: Balaacci s Bigney. Councilors voting
and n vote; Councilors voting yes:
not Ballon, Brountas, Gass, Henderson,
Ballou, Actuates, Gass, Henderson, Money
Needham s Speirs. Councilor Mooney absent.
Needham s Speirs. Councilors voting
Second motion to consider next meeting
no. Baldacci s Bigney.
1� passed.
plt`p)( ttYtc
u ;x CITY OF BANGOR
(TITLE,) (Orbinam, City of,. eepgar ZQ%iris. Qrdl,mpea _. ...
Be it ordaimd by be City Commit of the City of Banter, as (allows:
THAT Chapter VIII of the Ordinances of the City of Beryoe is hereby
repealed and the following Articles coal provisions enacted in place
thereof:
(TITLE) Thin Ordin,nee shall be know and cited as the " City of
Bangor Honing Ordinance".
CHAPTER VIII
ZONING ORDINANCE
(TITLE) This Ordinance herein adopted as Chapter 8 of the Laws
and Ordinances of the City of Bangor shall be known
and may be cited as the 'Boning Ordinance of the City
of Bangor."
Printed 9-23-04
ZONING ORDINANCE
ARTICLE
CONTENTS
PAGE
1
Intent and Purpose
1
2
General Provisions
2
3
Construction of Language and Definitions
7
4
Zones
19
5
Agricultural Zone (A)
21
6
Residential 1 Zone (R-1)
23
7
Residential 2 Zone (R-2)
24
8
Residential 3 Zone (R-3)
25
9
Residential 4 Zone (R-4)
27
10
Residential 5 Zone (R-5)
28
11
Neighborhood Commercial Zone (C-1)
30
12
Camara ial Development Zone (C-2)
32
13
Commercial Service Zone (C-3)
34
14
Central Business Zone (C-4)
36
15
Industrial Park 1 Zone (1-1)
38
16
Industrial Park 2 Zone (I-2)
40
17
General Industry Zone (1-7)
42
18
Civic and Institutional Zone (C&17
43
19
park and Open Space Zone (P&0)
44
20
Airport Zone (AP)
46
21
Supplementary Regulations
48
(1) Statement of Purpose
(2) Uses -Special Requirements
(3) Reight Limitations
(4) Yard Limitations
(5) Parking
(6) Off -Street Wading
(7) Screening
(8) In so Without Public Sewer Facilities
(9) Lighting
(10) Site Plan Approval
22
Special Exceptions
62
23
Administration and Enforcement
63
24
Appeals
65
Ch. VITT; Art. 1
CHAPTER viii
ARTICLE 1 - INTENT AND PURPOSE
This Ordinance is adapted in accordance with the Charter of the City of
Bangor and provisions of Titles6, 12 and jO of he 1964 Maine Revised
Statutes, as amended, for the following purposes:
(1) to promote the public health, safety, convenience, comfort,
esthetics, prosperity and general welfare ofthe inhabitants
of the City of Bangor;
(2) to protect the character and maintain the stability of the
several herein described zones comprise the City of
Banco, and to promote the orderly and beneficial development
of such areas by regulating and restricting the location and
intensity of one of buildings, structures and land pursuant
to and consistent with the Comprehensive Plan for the City of
Bangor as may be amended from time to time;
(3) to conserve and enhance the taxable valve of land and buildings
by protecting the several herein described zones
comprising
the City of Bangor from harmful encroachments by anincompatible
d by providing for the elimination of thoses
u of
land, buildings and structures which adversely affectthe
character, development and value of property;
(4) to avoid undue concentration of population, prevent the over-
crowding
-
crowding of land, and lessen congestion in the public streets;
(5) to provide adequate light, air, priva-y, and convenience of
access to property;
(6) to cope with needs for adequate tracadortation, water, sewerage,
schools, parks, and other public requirements;
(7) to encourage safety from fire, explosion, no an
s fomes, d
other such hazards, and to segregate and control nuisance -
producing uses;
(H) to prevent and control water pollution, protect spawning grounds,
fish, aquatic life, bird and other wildlife habitat, and coserve
shorer
n visual ad well as actual points of access, to inland
waters and natural beauty;
(9) to establish zones of such number, area, and designation a
deemed best suited to carry out the purpose of this Ordinance;
(10) to define the powers and duties of the administrative officers and
bodies, as provided hereinafter.
Ch. VIII; Art. 2
Sec. 1 - Sec 6
CHAPTER VIII
ARTICLE 2 - GENERAL PROVISIONS
Sec. 1 Title. This Ordinance shall be known and cited as the "City of
Sumer Zoning Ordinance", and will be referred to herein
as this "Ordinance."
Sec. 2 Comprehensive Plan. The Comprehensive Plan of the City of Bangor,
as muy be amended, is and shall be the Com-
prehensive Plan for the purposed of this Ordinance and for all
purposes as my be required by law.
See. 3 Repeal. Chapter VIII of the Saws and Ordinances of the City of
Bangor of December 2, 194, a ended, formerly existing,
is hereby repealed except that it shall remainm in fall force and
effect for the trial and punishment of all pastviolations of it
and for recovery of penalties and forfeitures already incurred.
This Ordinance shall not interfere with, abrogate, annul or repeal
any ordinance other than Chapter VIII of the Laws and Ordinances
of the City of Bangor, a ended, formerly existing, o any rule,
regulation or permit previously or hereafter enacted, adopted, or
issued pursuant to law.
Sec. 4 Scope. The provisions of this ordinance shall not be construed
to repeal, abrogate, annul oraany manner impair or
interfere with the previsions of other laws or ordinances, except
those specifically repealed by this Ordinance or to impair the
provisions of private restrictions placed upon property by
covenant, deed or other private agreement, orwith restrictive
conte running with the land to which the City is a party.
where this ordinance imposes a greater restriction upon land,
buildings or structures than is imposed or required by any such
provision of law, ordinance,contract or deed, the provisions of
this Ordinance shall prevail
Sec. $ basic Requirements. No building, structure, land or water area
n the City of Bangor shall be used for any
purpose or in any manner except as permitted in the Zone
in which
such building, structure, land, or water area in located.
Sec. b Nan -Conforming Uses. The lawful a of any building, structure,
lana or enterarea
existing at the time
the enactment of this Ordinance are hereby permitted and may be
continued, although such use does net conform with the provisions
of this Ordinance, provided the following conditions are met:
-2-
Ch. VIII; Art. 2
Sec. 6
(1) Alterations and Edtensiwa. No non -conforming use as
described in this Ordinance
shall be enlarged, increased or altered in any manner which
shall result in nincrease in
said no - onforming u r
s
shall such use beextendedi any m as to o cupy a
greater arean
of land other then i on the effective
date of this Ordinance; provided, however, that any building
or structure r portion thereof, or any use therein, may be
altered in a manner to decrease the non -conformity in
accordance with the provisions of subsection 3 (b) below.
(2) Charge of Location No such non -conforming; u shall be moved
n whole or 1n part to any other portion
of the lot or building.
(3) Non-Conformin¢ Structures. Any non -conforming building o
structure, or use therein, shall be
subject to the requirements of this subsection, as follows:
(a) Abandonment. In the event Any no - onforming use conducted
in a building orstructure for any reason
whatsoever shall be abandoned for a period of one year, such
non -conforming use shall not be reestablished and shell not be
permitted.
(b) Change of Use. The lawful non -conforming; use of a building,
structure or premises, or part thereof, shall
not be changed to any other non -conforming u except i
accordance with the following schedule, prow dedthat i
such case that any structural alterations be made i any no
building except those required by law, ordinance, or other
regulations:
(1) in the Commercial Zones (C-1, C-2, C-3, 0-4),
from any use permitted in the Industrial Zones
(I-1, I-2, I-3) to any other use permitted in
Commercial Zones.
(2) In a C-1 Zone, from any use permitted in a C-3
and C-4 Zone to any use in a C-2 Zone.
(3) In the Residential Zones (R-1, R-2, R-3, R-4,
R-5), from any use permitted to a C-2 Zone to
any use permitted in a C-1 Zone.
(4) In the Residential Zones, from any use permitted
in any other Residential Zone to anyus e permitted
in a more restricted Residential Zone
For purposes of this Ordimaoe , a R-5 Residential Zone shall
be deemed the least restricted, and a R-1 Residential Zone
shall be deemed the most restricted, with the intervening
zones restricted in order of zone number.
-3-
Ch. VIII; Art. 2
Sec. 6
(c) Restoration Prohibited. There aball be no substantial
restoration and no continued
byof a non -conforming building or structure damaged
fire, explosion, flood, riot, Act of 0od, accident
of any kind, decay or otherwise to the extent that the
estimated met of such restoration exceeds 95% of the
assessed value of mid building or structure imediately
prior to such damage.
(d) Repair and Neinteanee . Nothing in this Ordinance shall
Prevent ordinary repairs, or
repair or replacement of can -Waring walls, fixtures,
su
wiring or plumbing together with all necessary maintenance
thereof, for purposes of maintaining mid building in
manor to protect the immediate safety of the general
Public and m protect the general condition of aid
building or structure.
(e) Unsafe Structures. Nothing in this Ordinance shall
Prevent the strengthening or
restoration to a safe condition of any Portion of any
Wilding or structure declared uneafe or dangerous by
the City Council pursuant to ly NSSA 06 2851 at seq.
(4) Non4onforming Use of land. The no-conforming use
of land
share an o structures,
Or only incidental or accessory buildings or structures, are
employed together with each vee shall Out be changed to any
other non -conforming use, nor shall such no - onforming we M
enlarged or increased, Ourextended to occupy a greater area of
land; and if such use is discontinued or abandoned for a period
of one year, such use shell pat be reestablished and shell pat
be permitted.
(5) Lots of Record. In my residential zone a single family dwelling
and customery aceesary building may be erected
on e single lot of record existing on the effective date of this
Ordinance. per purposes of this subsection, a lot of record shell
be limited to any parcel of land held under separate and distinct
,earebfp from adjacent lots as of mid effective date, having
an area of at least 5,000 equare feet, having a street frontage
of at least 50 feet, and being described on an approved sub-
division plan on record in the Penobscot Registry of Deeds.
Single lots of record, as herein defined, mail Out be deemed
to be sun -conforming uses.
(6) Unlawful Use Not Authorised. Nothing in this Ordinance shell
be interpreted as authority for
Or approval of the continuance of the use of my building,
structure, lend or water area in violation of swing require-
ments in effect prior to the effective date of this Ordinance.
Ch. VIII; Art. 2
Sec. 7 - Sec. e
sec. 9 Severability. If any section, subsection, sentence, clause, phrase
or other portion of this Ordinance is for may reason
held invalid or unconetitutioml by any court of competent jurisdiction,
each portion shell be deemed a separate, distinct and independent
provision and each determination shall not affect the validity of the
remaining portions hereof.
Sec. 8 Amendment. This ordinance may be emended in accordance with the
lawn of the State of Maine, the Charter and Ordinances
of *a City of Barger and in meardance with the following require -
meats and procedures:
(1) An amendment to this Cedimnee shall be initiated
by the completion and filing of a focm for such
purposes with the Planning Department, City Ball:
Bangor: Maine.
(2) Uponrceipt of such form: the Planning Director
shnlltake all necessary action to place the request
on the agenda of the neat regular meeting of the City
COunCfl, allowing a minimum of two (2) daye for pre-
paration of all necessary documents prior to the
closing of =y Conseil agenda.
(3) Me Council shall - winner prior action - refer the
proposed amendment to the Planning Board for x
and recommendations in accordance with this Ordinance.
(4) The Planning Board shell held a public hearing within
sixty (fie) days of such referral by the Cau oil. prior
to said public hearing and in accordance with the require-
ments of this Ordinance, mfl the lave of the State of
Maine: the Planning Board shall give proper =tics of
amid hearing. Said notice shall include, hot ant be
limited to, the following information:
(a) Ate, time and piece of amid hearing
(b) A summary or map of the proposed amendment
Said notice shall be published, at least 10 days in
advance of said hearing, in m daily newspepee of general
circulation in the City of Bangor and shall be sent by
U. S. mail to all persons initiating the proposed emend-
enl, and to all persons owning abut -.4g property and/or
udthiu 100 feet of the exterior boundaries of the real
estate to be affected by mid proposed change. Por
purposes of the notice required hereunder, the orere
Of Property shall be considered to be throe against
whom taxes were asseased on the prior April 1. Failure
of any person owing property within said 100 feet to
receive notices provided herein shall =t necessitate
sooner hearing or invalidate any action by the Planning
Board.
Ch. VIII; Art.
Sec. g
(5) The Planning Board shall make its recommendations by
joeity vote to the Council, in writing, within thirty
(30) days of said public hearing. Said thirty (30) day
period may be extended for an additional thirty (30)
days by a majority vote of the members of the Planning
Board. Failure of the Board to issue its recommendations
within mid thirty (30) day period, or extension thereof,
shall constitute Beard approval of the proposed amendment.
(6) After receipt of the Plowing Board's reco®endatiom,
as provided above, the City Council shall consider and
take all appropriate action on mid proposed amendment
in accordance with the requirements of the Bangor City
Charter, the Council's Bales of Procedure adopted
pursmnt thereto, and the Uwe of the State of Mine;
provided, that a proposed amendment Mich hes; been
disapproved by the Board may be matted only by a 2/3
vote of the City Council.
-6-
Ch. VIII; Art. 3
CHAPTER VIII Sec. 1 - See. 2
ARTICLE 3 - CONSTRUCTION OF LANGUAGE AND DEFINITIONS
Sec. 1 Construction of Language. In this ordinance, certain terms o
words shall be interpreted as follows:
The word "person"neludes a firm, association, organization,
partnership, trust, company or corporation as well as an individual;
the present tense includes the future tense, the singular number
includes the plural, and the plural includes the singular, the word
"shall" is mandatory, and the word "may" is permissive; the words
used" or cupied" include the words "intended", "designed", o
ranged to used o occupied", the word "builds g" includes the
wor
word "structureiand the word "dwelling" includes the word eresidence",
the word "late includes the rinds "plop' o "parcel". In the c of
any difference of meaning or interpretation between the text of this
Ordinance and any map or illustration, the text shall control.
Terme not defined shall have the customary dictionary meaning.
Sec. 2 Definitions. For the purposes of interpreting this Ordinance, the
following terms, phrases, words and their derivatives
shall have the meaning given herein.
Access Drive: A private roadway primarily intended to transport
e icci�Erom a public or private way to a point within private
property.
Accessory Use or Structure: A u structure on the same lot
w- UL an oma a tune customarily incidental and subordinate to,
the principal use or structure.
Addition: An extension or increase in Floor area or height of
** W-0-ing or structure.
A lture: The u of land and structures for Wail tillage, for
tt ez�ion of crops, dairying, pasturage, apiculture, horticulture,
florticulture, raising of fax bearing animals, and animal and
poultry husbandry and accessory uses.
Airport. Beazer International Airport,
Alteration: A change or rearrangement in the structural parts or
in terns of egress; o n enlargement, whether by extending o a
c
side or by increasing in height; or the moving from one location
r portion to another.
-7-
Ch. VIII{ Art. 3
Sec. 2
Animal Clinic: A facility for diagnosis and treatment of
anima outpatients. No boarding or hospitalization overnight
shall be allowed, except in the case of emergency situations.
Animal Haspttat: A facility for diagnosis and treatment of
Tri
in
n patients. Animals may be kept on the premises
for the purpose of treatment.
A ar�tinent building: A structure containing more than two
dwelling carts.
Autoambile Graveyard: A yard, field or other area used as a place
of storag�3 o more unservicable, discarded, worn out or
junked motor vehicles.
Automotive Hee: Any us of a building or land for the sale,
enia�r e, repair, or storage of motor vehicles or parte
thereof.
Aviation Use: Any ue of a building or land for the sale,
service, repair, or storage of aircraft, or for the
take off and ilanr
ding of aircraft, or for control and safety
facilities related thereto, or for providing goods o ices
for the primary tee of aircraft passengers and personnel•
Boarding House or Home: A building arranged or used for lodging,
wit o wilt out for compensation, more than five (5) and
not more than twenty (20) individuals.
Build'nngg A structure enclosed within exterior walls or fire walls,
bu3� ected and frames of component structural parts, designed
for the housing, shelter, enclosure and support of individuals,
animals or property of any kind.
Building Height: The vertical distance from the grade to the top
tieigrest roof beams of a flat roof, or to the mean level of
the highest gable or slope of a hip roof, when a building faces
on e .than one street, the height shall be measured from the
average of the grades at the center of each street front.
Building Principal: A building in wFich ie conducted the main
r princr—T r the lot on which the building is located.
Car Wash: A building or portion thereof, containing facilities
Yor-wasTing automobiles using production -line methods with a
chain conveyor.,blower, steam -cleaning device, or other mechanical
_B_
Ch. VIII; Art.
See. 2
devices, or providing space, eater, equipment or soap
for the complete or partial bandraebing of automobiles,
whether by operator or customer.
Church: A building, together with its accessory buildings
and uses, where persona regularly passable far religious
worship, and which building, together with its acory
buildings and used, is maintained and controlled by a
religious body organized to sustain public warship.
Clinic. Medical or Dental: An establishment where patients
who are not lodged overnight are admitted for examination
and treatment by a physician or dentist or by a group of
physicians or dentists.
Club or Lodge, private: Buildings and facilities owned and
operated by a corporation or association of persona for
social or recreational purposes.
Comunitf Service Orgavivetiov: A non-profit charitable
imtintloa, not to include eocfal clubs, the primary inaction
of which is serving the public health or social welfare of the
community.
Corner Sot: A lot at the intersection of two or more inter-
secting public or private ways.
Curb Level: The elevation of the street curb, or the street
Veda where there is no curb, as established by the City Engineer.
Drive-in Business: One which provides rm interior seating or
interior seating with one or more of the following:
window or carry out counter
D. in-careservice
C. majority of saleable items' in carry out form
d, outdoor service facilities Such as exterior
waste receptacles and/or tables
Dwelling: A building, or portion thereof used exclusively for
residential occupancy, but not including a mobile Was, camper,
hotel. motel, lodging house, boarding Muse, tourist home,
dormitory, fraternity house, sorority Muse or other group
quarters.
Dwelling, attached single family: An independent dwelling unit
-9-
Ch. VIII; Art. S
Sec. 2
connected to and sharing a c n wall or portion thereof,
with another such unit, each unit having the required street
frontage,
Dwelling. detached: One which is entirely surrounded by open
space.
fuelling. Four -Family: A detached residential building containing
four dwelling unite designed for and occupied by not more then four
families living independently of each other.
Dwelling. Multiple: A residential building designed for or occupied
r
by five o e families living independently of each other, with the
number of families in a residence not exceeding the number of dwelling
unite provided.
Dwelling, one -Family: A detached residential dwelling unit designed
for and occupied by one family unit only.
Dwelling, Three -Family: A detached residential building containing
three dwelling unite designed for and occupied by not more than three
families living independently of each other.
Dwelling, Two -Family: A detached residential tpflding containing two
dwelling unite designed for and occupied by not more than two families
living independently of each other.
Dwelling Unit: One or more
rooms ranged, designed and occupied
as living quarters for onefamily only, and curtaining sleeping,
cooking and bathroom facilities and physically separated from any
other dwelling units which may be in the same building.
Educational Use: Any use
of a building or land where instruction,
teaching, or training i any field of knowledge of learning is provided
as a public service or for a fee.
Efficiency Unit: A dwelling unit consisting oone principal room
exclusive of bathroom, kitchen, hallway, closets, or dining alcove
directly off the principal room, providing such dining alcove does not
exceed 125 papers feet in area.
Establishment A place of Cactuses carrying on operations which are
physically separate and distinct from those of any other place located
on the ease lot.
Family: One or more persons related by blood, adoption orriage,
living and cooking together as a single housekeeping unit, exclusive
of household servants. A number of persons, but net exceeding two (2)
living and cooking together as a single housekeeping unit, though not
related by blood, adoption or marriage, shall not be deemed to constitute
a family.
-lo-
d..rt.., .r .pn.olmnn
Ile npaoe, Water, uytdpmenr r vuap
Ln t Ili coma up, to , a par ust bumlwn sn Log v[ out umnbi I,& I
'I" 1. ,, .t bepe y nv �r or enaeaner.
thool A bull ld n,g, leµot her rruLI,I LS aors moldings
and n pershore sons regularly a ombm for religious
rsblpami wh icb building, ton JICI with iLa accessory
1,1.11111 IC1 mail maintained bull controlled eby a
I,1In, ns Lady organised Lo sustain public worship.
f,II I
1 -y Me d'cn l_ =ntn 1: An sfahl is hill(
111 who a pa Ll eats
WI... i vL eL ndgvd .ry urtyht aradmi LCedfor a nation
L by a physician ordenList or by a group of
I,Irya I I, loss n[ dentists.
d 11.b it Loan, milate: Buildings and facilities all and
"I'll) a lyl by .1 orpnrttinn u socia Lunn of seriousfor
nor ia s rocr, at tenial purpli
Rn ,nILy a ,1 OCAa,tlea _ A n -profit chfl table
.I fill, m[ elude pries
try clubs the primry. function
., wM1lch Ls .a to Ing the pd,lieIna Lrh or social welfare of the
, mmnnll y.
Claillr Lot: A lull by rim untLrsecLiall of two or more fnLor-
...1161, Pull I I I a IPr Liars wart
vb Level: The eievutime of [bo street such, it the street
1.Ibil Will II Jre 11 ,s nn ub crb, an rstaLish11 by Wo City Engineer
II,' i bi is tint wbi ch pury l due ntc o seat it
:,UIoi
::rn ecr iia WiLb we or sort of Ihg 6IIIIl ing
In done it carry Ont .o.m:u
b.
is Lca,
Wilofl LY or as lease hies Carry nut turn,
I . o ¢naor a e far iliorL i,1,, to Lerr or
wan LL rice p[ac lea and/1.c LaM1 les
Ilwrlliy: A hnuldlag r pursLoi thereof and is, 1 uefy Por
:q d.'ol illi cepa oey, 1111 n at lad i rig a mall i to loser, camper,
L 11
Lll, motel libation,�Louae, lilt
bursa r ,the, group
.. .ry, fur trmiry Fuu p urn rcy house or urger group
pn:, 4,s
Ila, llo azL:w Fed a lglc family' An undependou dwelling unit
-9-
Ch. VIII; Art. 3
Sec. Y
Feed lot, Commercial: A place where large numbers of beef
cattle or hogs are fattened and kept for a relatively abort
period of time prior to being shipped to a slaughter house.
Floor Area: (for determining floor area ratio) is the sum
of the groes horizontal arem of the several Hoare of the
building measured from the exterior faces of the exterior
valla or from the center line of sella separating ban, buildings.
The 'floor v of a building shall include basement floor area,
elevator shafts and stsirvelle at each floor, floor space need
for mechanical equipment (except equipment, open or enclosed,
located an the roof), penthouses attic space having headroom of
seven feet 30 inches or, interior balconies and mezzaaiaes,
enclosed porches, and floorexamdevoted to accessory uses.
govever, a" space devoted to off-street parking or loading shall
act be included in "floor area".
The "floor aroma of structures devoted to bulk storage of
materials including, but not limited to, grain elevators and
petroleum storage tanks, shell be determined on the basis of
height in feet: ten feet in height shall equal one floor but
fractions of ten feet Shell rot be counted.
Floor Area Ratio: The floor area of a building on a lot divided
by the horizontal area of the lot.
Gasoline Service Station: Building(s) on land which is primarily
intended for the sale of motor vehicle fuel and lubricating
accessories, and which may or may act include facilities for
miner repair, lubricating, evading or minor servicing of motor
vehicles, not including automotive sales, storage of vehicles not
n operating condition, or major mechanical or body vork much as
motor repair or adjustment involving removal of the head or
crankcase, straightening of body parte, painting or welding. A
gasoline service station is not a repair shop.
grade: As established by the City Engineer, or the mean elevation
of the ground adjoining a building on All sides, or such ground
brought to elevations show on approved place or designs.
Ground floor Area: The square foot area of a building vlthin
its largest outside dime exclusive of open porches, breeze -
mays, terraces, garages dimensions,
ntairseys, and secondary
stairesys.
Bross floor Area: the total floor area of a structure with an
-11-
Ch. VIII; Art.
Sec. 2
exclusions for usable space such as closets, hallways,
staircases, etc.
Height, Building: See Building Height.
Home Occupation or Profession: An accessory use generally of
s rTcaracter customarily conducted within a dwelling by
the residents thereof, which is clearly secondary to the use
of the dwelling for living purposes and does not change the
character thereof, or have Say exterior evidence of such
secondary use other than a nameplate, end in connection therewith,
there is not involved the keeping of any stock it trade, as
furtherdescribed in Article 21 of this Ordinance.
Hotel: A building arranged or used for shelte-irg, sleeping,
or feeding for compensation, of more than twenty (20) individuals.
Institution: A building or complex of buildings occupied
and used by a public or private non-profit organization or
association promoting a particular objective or performing
aparticular service, of a non-commercial nature.
Junkyard: A yard, field or other area used as a place of
storage for:
a. discarded, worn out or junked plumbing, heating
supplies, household appl-_ancea and hrviture
b. discarded, scrap and junked lumber
c. old or scrap brass, rope, rage. batteries,
paper trash, rubber debris, waste and all scrap
steel and other scrap ferrous or non-ferrous
materiel: and
d. garbage dumps, waste dumps and sanitar7 fills
Seared: An establishment for the keeping, breeding or boarding
of more then three (3) doge which are more then 6 months old.
Landing Area: Any locality, either of land or water, including
airports and intermediate fields, which is used or intended to
be used, for the lending and take -off of a craf , whether o
not facilities are provided for the shelter,servicing or repair
of aircraft or for receiving or discharging passengers or cargo.
Let: A lot is a parcel of laud of at least sufficient size to
-12-
ill N_ 11 1 Irkeial: A plan, win u largo cumbers of bear
Uo r lots are fa LtencU slid kept for a relatively short
Ill r l,d .d Lim, error to befog shipped to a slaughter house.
FILou_o_.r Aru(for determining flu, ratio) s thg'am
-
,11 OIL s horizontal a of Lbe several floors of the
ding nn red rrt thee r fan of the exterior
rho
�ar
IIS .r train aS center lineIfwalls separating two buildings.
I'bo "I lour a nd stairwells atoll include basemen[ floor e
I ]L-111 11 11Ical and stairwells a act f , , o, I, space used area,
I If. Ill -e ba al Mule, ptrpm ops at
lr opt ¢loaed,
,.., ..d (It, niers. it sure, aux a enav .. having. neearann of
If n.��l rood oras . area
terror ball mice dna m e .
,r l.,I.d any IIs, and food a a acvntea c err uses.
Ihvev, wry ap'ain devoted to a.f f -s tree[ parking or loading shall
nrl be mclualeJ fp Ill,or area.
ibo "I l uer a uf`. str.mmres devoted to bulks rage of
bile Inc Wding, abut L IjinfOod to, grain elevators and
p,�I '.Io ten It an Ia:ks, shall be determined o Like basis of
1, lllbl i rout; I,, oat in height shall equal one floor but
I Fill (Ias of Lin feclShall not be counted. -
rI ,If All Rat, a: Ill, Ill aar kroa if a building on a Lot divided
b, (IS 1, zamlal arca of the Lot.
+vlluv Scrvlc,_ SLm L._: b,i Lding is) .: land which is primarily
:n1141111 Lv do vale ,f color vehicle fuel add lubricating
Ill ..n nil which may my , a clad, feet itis for
o pa, alabv eating. aabi _ of motor
r'blclf a hidin u ole urge ofevehicles not
i to u o .Linn a -
',fit,rik � .na latero o nal^r ineC rc lea It r body the work such as
nu .,I I nd)us t involving r vol of the bead o
I nkt ght isn tfitis body parts,mpa tog tr welding. A
t a. ,Lin rv.0 aLn L, on as not a [eparr shop,
-n d,: As c tnhltab,d by the City 1[ngLmar, or th, wan
„luteit I.m n] sbc Crooked ad raining a building o all sides, o
wi,;IkInd brought to elevations shown on approved plans or
Jo rugae.
a'.amd room Aron Ibe square first area of a bottling within
Ill Ik Ikn St IL eWm
c lHexc
nsione, elusive ,f open porches, breeze -
it i r e L parolee, ex Ora o[ stairways, and secondary
r,i ways
/t _e Fluor Area: 'l'hc total floor area of a structure with no
-11-
Ch. VIII; Art. 9
See. 2
set the minimum zoning requirements for use, coverage,
and area, and to provide such yards and other open apace
as re herein required. Such lot shall have frontage on
an improved public street, or an approved private street
and may consist of:
single lot of record
b. a portion of a let of record
C. a combination of complete lots of record
and portions of lots of records, or of
portions of lots of record
d. a parcel of land described by metes
and Donn&
provided trot in no came of division or combination shall
any residue lot or parcel be created Mich does net mast
the requirements of this Ordimnee.
Int Arno: The total area included within the property lines
bounding a lot, generally the length of a lot multiplied by
the width of the lot.
Lot Coverage: The mezimum combined ground floor area of all
principal and accessory buildings on a lot, livided by the
area of such lot, the result expressed as a percentile.
lot Depth: The mean horizontal distance between the front
and rear lot linea, measured within the lot 'ooundaries.
lot Line: A line dividing one lot from anoE er, or from e
street or any public place.
Lot of Record: A lot Mich is part of a mbiivision recorded
in the office of the Penobwot County Registry of Deeds, or
lot or parcel described by metes and bounds, the description
of Mich has been no recorded.
lot Width: the distance between the side let line of a lot,
measured along the set back line as established by this
Ordinance, or if ro set back line is established the distance
between the aide lot linea measured along the street line.
Mobile Home: A vehinalar portable structure built on a chassis
of Mich Meels are an intrinsic pmt and are designed to remain
and said structure
used without a permanent foundation
anw
a dwelling for one or repersons, and provided with a toilet
and bathtub or shower.(Hobile Home Ordinance)
-13
Ch. VIII; Art. 3
Sec. 2
Mobile Home LOG That area of a mobile home park that
provided facilities for long term Occupancy of a mobile
home and is designed for the exclusive use Of its
occupants. (Mobile Home Ordinance)
Mobile Home Park: A parcel of land planned and improved
for the placement of mobile homes for n n-transiext use
as licensed under the Mobile Home Ordinance.
Motel or Tourist Cabin: A building or group of biildings
which a contains living or sleeping a modatic" used
primarily for transient occupancy, and (b) Me individual
entrances, to serve each Much living or sleeping unit.
Multiple Unit Houein&: A building which is designed to
house
two (2) or more families.
Municipal Use: Any use of a building or land by the
municipal government authority, district or quasi -municipal
corporation of the City of Ha:gor in serving or promoting
the general welfare of the public.
Non -Conforming Use: A use which lawfully existed prior to the
usctment of this Ordinance, and which is maintained after the
effective date of this Ordinae although it does not comply
with restrictions applicable tothe zone in which it is situated.
Nursing Home: A nursing home shall be defined as
a facility
which is operated in connection with a hospital, o n which
nursing care and medical services
are prescribed by or performed
under the general direction ofpersons licensed to practice
medicine or surgery in the State, for the accommodation of conval-
escent o other persons who arenot acutely n
ill and not i need
ofe
hospital care, but who do require skilled nursing core and
related medicalv
a The term "n ing hcm:` shall be
restricted to thosefacilities, the purpose of watch is to provide
skilled nursing care and related medical services for a period of
not leas than: 24 hours per day to individuals admitted because of
illness, disease or physical or mental infirmity and which provides
a community service.
Open Space: An unoccupied space open to the sky.
Outdoor Display: Any outdoor display of goods, materials, merchandise,
or other stack in trade intended for else, exchange or advertising
Purposes.
-14-
:� ItI 11 I, rake
ane �, uJ m1n pri,,Hit wh ys, clients
a ad ra tL her unm spar
�Lo ain I-etaied. snob Irl shall have fro raga
on
r
red .. ill, s Lrec L, or all approved private street
and I "nni nf:
ngh In Infiniti
rd
L Pura nn of a lot fit -1 1 111d
.. nnb[not iIII of complete Iota of rl 1 11111
:ad 11411.on
111 In r t r rdII t of
.I ioa tCON s nad
.I. 1 I 1Y 11f land dcacrihcl by metes
arnl If..nWs
1.1 Ibn o of divisi ... i or 201MILlIAL1011shall
sldor intpap cl be created which do,,,Ite I Met
or rr yn t icmuLLs of this Llydinam.c.
1 Arca: 'I'hc Ln arc .c lu 111I withn p
iLinc Pr 11 ef Ly lines
I...on.Ii al a Int. GoaernIIV the finalIt w It III malt plLed by
Ilnwl.hh nI u,e Int.
L,t 01 _y_e' 'I'hc unbLwd 1 .ad fim 11f all
No n ipnl 1111 .rymha i Of i one a lu , divldvd area
the
n.a nl sorh I�.tCe Lhe 11"111 ,pr used as a peruntlle.
Ion ).9aInIt,, .
. .n horizontal di. het Lhe front
,1111 11.11 t. If ... L" oriented wuhin dee int bm...arLes.
A Ilill dividing .nc Int from another. L frun a
1I I..1 .0 ....v in"' " I'll""
I...1tt
11 Ia.rd- A IIt wbleb is pan of a snbdivis jot recorded
ii11if Lbe '11,111,81"twnhce
baent nLy Registry nl' dsI 11
1I � c1 du. r[heme d by find hn...ids, 11,, description
w
..I till en
. it, ben nI,,crded
VIdLb: 'IT11 dlcML the "filo int till, 11f a io ,
nn
111 It the lack G. a�ahllsbed by this
1nJ ito nr e , n g,I n L hook fire isestablished Lite distance
I w.11..I Ile Xlde Ilinos meas.lmd at the str,eL line.
ry..bllN 111mtit A oto, dar portable .v' ro buil,, . schassis
i whirl. uhec Lr a intrinsic part and are designed t
o COINO
.md eatd a r.. I permari inundation
.he l I , f101 . rr �pslid provided with a toilet aad
btu btnb kit shower,, (Nlbun Face(interstate)
-13-
Ch. Vill; Art. 3
Sec. 2
Outdoor Storaze: Any outdoor storage of goods, materials
merchandise used i r
industrial process o stock in trade
including storage under a roof if the sides of the building are
open permitting such goodsmaterials or merchandise to be see
from the street or adjacent properties
Perk: An area set apart for recreation of the pablic, to promote
its health and enjoyment.
Parking Area Parking lot: Any area for the off-street parking or
storage of three
rmore vehicles in the open air, including access
drives and vehiclemaneuvering areas, each area including at least
300 square feet per vehicle including the parking apace and maneuvering
Parking Space: An area, enclosed in the main building or in an
accessory building, o n
unenclosed, having a of not less than
200 square feet, exclusive of driveways ard maneuvering apace
permanently reserved for the temporary storage of o automobile
and connected swth a street or alley by a driveway which affords
satisfactory ingress and egress for automobiles.
Parking Structure: A building or portion thereof designed or used
for storage of motor driven vehicles.
Plannen
d Develo went A tract of land which contains will contain
two 2) or more principal buildings, deve_opedunder single ownership
or control; the development of which is unique and of a substantially
different character tban that of surrounding area.
A planned develop-
ment allows for flexibility not available under normal zoning district
requirements.
Planning Board: See Chapter II, Article 11, Section 4 of the lawn
and Ordinances of the City of Bangor.
Pound: A public enclosure for stray or unlicensed animals. Also see
laws and Ordinarmes, Chapter VII, Article 11, Section 9.
Professional Person: A person. engaged in a profession in which
attainment of knowledge of came department of s r learning, as
distinguished from sc skill, i used by its practical application
to the affairs of others, either advising, guiding, teaching, or other-
wineving their interest, health, welfare: such persona shall include,
bunot be limited to, physicians, dentists, lawyers, engineers,
architects and clergymen.
Public Way: A public street, alley or other thorough -fere or easement
permanently established for passage of persons or vehicles.
-15-
o", _l_n_s_ Any a of a building c land for actio
peen l v.. ter Lainment. o L purposes,
who olhor c ach ,Cecil i Ly, operatian, or mile is public or
to im:l,I prnr[ or 11.11-PraflL in ,store.
ke.mLrg1 Ilqum: A dwelling orother residential structure,
,,I purl i.: Lill r, 0, in Which threeIT more
rented
... �ud,al per Led ,f Lime and i whichomeals are
"11 ou l: A Place I'.¢ Syr L,ma He Instroetinn In any branch
.d knawiedge.
idly, Itus Lie_ss: Any business or establishment which
Ilk avid, , i` I'll hire. by ,hers, conducted through Lhe
al'Vl I'LL leisof some
spoclallzed knowledge, training skill, or
,lentt
, : LhronghLill ,molly ,f physical exertion a other
vl flit WWe p,riurmaneu of s special a work. A
rvlre business shall facility any a mblishment engaged iu
Ibe lie ids ,f finance, insurance
real a and any
.n .LHrhmunt providing [Multilateral, optional, or business
-vohtcuiar repair r service business
du. hNa Lack,] rILATion CIT
motor garage
I hu rluo ssc
I
I cl, ming hour, ,board ing hou e, r tourist home,
IT a manulae4ming e.
..Ahad,: 9'he distanrm bu Lween Lbe front lot line sad the
poalll III Il:e ou,Iding a?iooe w snal mi line, on Lhe same lot.
I. ld, in Ill Sae Yard, side.
_,ILof; l.-Emily. l(es1dput alb A looked 1oeiter or
n.a.iI" lusne dfnq;nodin hues, a single family, old shall include
Ilk "I .Iwel "n;! which are kind seas nn ally as mull as these used
pe..... wently.
ok,al LI_ul.: A vu6lnLiry IT c4uporat, n i-pruflL aa of,
111, l, ir: , u Ae
al, wine Lial, al eha italle
ha cerb, pay ing a aldoc and whichLoans , hires
n Ic Ibn 11th dead . per n
. Liu eof, Lbe of such
of vnlo.a hcing restricted to memhe r aa nd the it goes is.
eU '. Mat Poll ,f a hall Wind compriseal between a floor and
Abn Iln.n or reef a it above.
_o 11 l': 'I'Lat putt,, of a building between the eaves and
L
ny.11
... 114191 one of ruched rnnis.
-16,
Ch. VIII; Art. 3
Sec. 2
Recreational Use: Any we of a building or land for active
or passive recreation. entertainment, o e
statement purpos,
Metter or notwebfacility, operation, or use is public or
private, profit or von -profit in nature.
Rotation Bonds: A dwelling or other residential structure,
r portion thereof. in Mich three or more raws are rented
over an extended period of time And in Mich an mals are
furnished.
School: A piece for systematic instruction in any branch
of knowledge.
Service Businees: Any business or establ'abment Mich
provides -a service for hire by others, conducted through the
application of some specialized knowledge, training skill, or
talent, or though the employ of physical exertion or other
effort in the performance of ease special action or sork. A
service business Shull include soy establishment engaged in
the fields of fiance. insurance or real estate, and any
establishment providing professional, personal, or business
services, or non-ve1hiculser repair services: arvice business
dwa Out include a gasolineservice station or motor Strait,
a hotel, motel. rowing house, boarding house, or tourist home,
or a manufacturing use.
Setback: Me distance betueen the front lot line and the
point of the building nearest to such lot 1=ne on the same lot.
Side yard: See Yard, aide.
5ingle Pamily Residential Partnere: A house, house trailer o
mobile ha¢ deigned to brute a single family, and Odell Include
those dwellinge Mich are seed aeawally an well as those used
permanently.
Social Club: A voluntary or corporate son -profit association of
octal, fraternal, educational, recreatioeal or charitable
nature, having members paying anal dues; and which new, hist
or lanae a building. land or portion thereof, the use of such
praiser being restricted to members and their guests.
Story: That part of a building comprised between a floor and
the floor or roof next above.
$tort. Half: That portion of a Wilding between the eaves and
the ridge line of pitched roofs.
-16
Ch. VIII; Art. 3
Sec. 2
Street Let Line: The lot line dividing a lo. from a
street or other public apace.
Structure: Anything constructed or erected with a fixed
location on the ground, or attached to aonefaing having a
fixed location on the ground, including but not limited to,
mobile hansom, buildings, while, fences, billboards, signs,
piers and floats.
Structure. Accessory: A structure customarily and clearly
incidental and subordinate to the principal structure and
located on the same lot with the principal structure.
Structure. Principal: A structure in Mich or by means of
which is conducted the main or principal use of the lot on
Mich the structure is located.
Tourist Cabin: See Motel.
Travel Trailer: A vehicle designed to be moved on wheels and
Intended as temporary dwelling for travel, recreation and
vacation use. This term shell also include owner, camper -
trailer and all other similar short-term shelter devices.
(Mobile Some Cedinanee)
Use: Me specific purpose for Mich land or a building is
designed, arranged, intended, or for Mich it is or may be
occupied or maintained.
Use. Acca gory: A use customarily incidental and Subordinate
to the principal use of a building. Structure or lot, and
located on the game lot with the principal use.
gee. Conditional: A Use which may be permitted in a district
through the granting by the planning Board of a special exception
upon a finding by the Board that it meets specified conditions.
Use. Permitted: A use Mich may be lawfully established in a
particular zone, provided it conforms with all the requirements
and regulations of each sone.
Usable Open Space: an unoccupied space, exclusive of required
parking areas, driveways. walks and required setbacks, set aside
for the primary purpose of recreation.
Yard: An open unoccupied apace on the Same lot with a building
extending along the entire length of a street, or rear, or interior
lot line.
Ch. VIII; Art 3
Sec. 2
Yard, Front: An open moecupied apace on the same lot
with a building, between the front of the building and
the front let line and extending the full width of the
lot.
Yard. Sear: An open unoccupied apace on the same lot
with a building, between the rear of the building and
the rear lot line and extending the fell width of the
lot.
Yard. Side: An open unoccupied space on the same lot
with a building, situated "a between the side of the
building and the aide lot line and extending from the
front yard to the ream yard.
-18-
Ch. VIII; Art. 4
See. 1 - Sec. 3
ARTICLE 4 - SEARS
Sec. 1 Establishment of Zones. For purposes of this Ordinance, the City
of Bangor is hereby divided into sixteen
(16) "zones" to be designated as follows:
(1)
A
Agricultural Zone
(2)
R-1
Residential 1 Zone
(3)
R-2
Residential 2 Zone
(4)
R-3
Residential 3 Zone
(5)
R-4
Residential 4 Zone
(6)
R-5
Residential 5 Zone
(7)
C I
Neighborhood Commerical Zone
(8)
C-2
Commercial Development Zone
(9)
C-3
Commercial Service Zone
(10)
C-4
Central Business District Zone
(11)
I-1
Industrial Park 1 Zone
(12)
I-2
Industrial Park 2 Zone
(13)
I-3
General Industry Zone
(14)
CAI
Civic and Institutional Zone
(15)
PAD
Parks and Open Space Zone
(16)
AS
Airport Zone
Sec. 2 Establisbment of Zone Boundaries and Zoning Map. For the purposes
of this ordinance,
the boundaries of all zones
in the City of Bangor are hereby
established, as shown on the "Zoning Map of the City of Bangor, dated
Sept. 23, 197411, consisting of 129 pages inclusive, prepared by the
Planning Department of the City of Bangor, appended hereto, and made
a part hereof. Said Map shall be referred to and designated as the
"Zoning Map of the City of Bangor." Said Zoning Map, together with
all notations, references and other explanatory matter thereon, shall
be deemed to accompany, be, and are hereby declared a part of this
Ordinance.
Sec. 3'. Interpretation of Zone Boundary Lines. Where uncertainty exists with
aspect to the location of any
zone boundary lines of any of the aforesaid zones as shown on said
Zoning Map, the following rules shall apply:
(1) Boundaries indicated as approximately following the
center lines of streets, highways, or alleys shall
be construed to follow such center lines;
(2) Boundaries indicated as approximately following well
established lot lines shall be construed as following
such lot lines;
(3) Boundaries indicated as approximately following
municipal limits shall be construed as following
municipal limits;
-19-
Ch. VIII; Art. 4
Sec 3 - Sec. 4
(4) Boundaries indicated as following shorelines shall
be construed to follow such shorelines, and in the
ant of natural change in the shoreline shall be
construed as moving with the actual shoreline;
boundaries indicated as approximately following the
enter line of streams, rivers,
corals, lakes o
other bodies of water shall be construed to follow
such center linea;
(5) Boundaries indicated es being parallel to 0
extensions of features indicated in subsections (1)
through (4) above shall be cc construed. Distances
act anecifically indicated on the Zoning Nap shall
be determined by the scale of the map;
(6) Nnere physical or cultural featured existing on the
ground are at variance
with those shown on the Zoning
Map, or in other n circumstances act covered by subsections
(1) through (5) above, the Board of Appeals shell
interpret the zone boundaries.
See. 4 Location of Documents. This Ordinance, together with all maps
attached hereto, shall be located in the
City Clerk's office and shall be the final authority as to the
current zoning statue of the land and water areas, buildings and
other structures in the City. The Maps or amendments thereto
shall be sigaed by the Chairman of the City Cobacil add attested
to by the City Clerk.
-20-
Ch. VIII; Art 4
Sec. 1 - Sec. 3
ARTICIA. 4 - ZONP.3
Sec. 1Fstabll3M1mant of Zones. For purposes or this Ordrnmce the City
�16) 1� onea^ to be designated of as follows:or is eby divided ' to sixteen
A Agricultural Zone
R-1 Residential 1 Zone
R-2 Residential 2 Zone
R-3 Residential 3 Zone
R-4 Residential 4 Zone
R-5 Residential 5 Zone
C-1 Neighborhood Commercial Z/
0.2 Commercial Development Zone
C-3 Commercial Service Zone
C-4 Central Business District Zone
I-1 Industrial Park 1 Zone
I4 Ineloatrial Park 2 Zone
I-3 General Industry Zone
(IBI Civic and Institutional Zone
q�p\o Parka and Open Space Zone
Airport Zone
Sec, 2 Establislment`ef Zone Boundaries and Zoning Map. For the purposes
of this Ordlna�e,
the Oountlaries all zones n the City of Bangor a hereby
"stab ished, nthea"Zoning Map Of the City of Bangor:
dat $aid
Map shall be referred to and designated as the "Zoning Map of the City
of Bangor." Said Zoning Map, together with all notations, references
and other explanatory matter thereon, shall be deemed to accompany,
be, and are hereby declared a part of this Ordinance.
Sac. 3 Into rotation of Zone Bo a Linea. Where uncertainty exists with
respect ze the lac anon of and
zone
boundary lines oP aro o
Mall zones as shorn on said
Zoning Map, the folloxing rule shall apply:
(1) Boundaries indicated as proximately following the
center lines of streets, h ways, or alleys shall
be constrved to Yollox such enter lines:
(2) Boundaries indicated as apps,oxiarately following well
established lot lines shall be cstrued as following
such lot Lines;
(3) Boundaries indicated as approvmately following
municipal limits shall be construed as' following
municipal limits; \
-19- \
Ch. VIII; Art. s
See. 1 - See. S
CHAPTER VIII
ARTICLE 5 - AGRICUL'NFAL ZGNE (A)
Sec. 1 Statement of Purpose. The Agricultural Zone is established to
preserve in agricultural use, lands
where urban development is generally not feasible because of the
absence of public utilities and community facilities. As these
utilities and facilities become available and a demand for urban
land use develops, a change of zoning from Agricultural to other
zones may be made. Minimum lot sizes in this zone
also
intended to preserve the quiet, rural atmosphere and to conserve
property values.
Sec. 2 Basic Requirements. Buildings or lend used or occupied, and
buildings erected, constructed, reconstructed,
nstructed,
moved or structurally altered, whether permitted uses orspecial
exceptions, shall comply with the requirements of Article 21 of
this Ordinance and the Yellowing dimensional requirements:
(1) Building height limit: 2b stories, but
not exceeding 35 feet (Residential uses only)
(2) Lot az m 114 acres
(3) Let coveragelnrm mum 10%
(4) but width:feet 30]
lnimum
(5) Minimum setback: 30 feet m
(b) Side yard width: minimum
20 feet each side
(9) Rear yard depth: minimum 30 Peet
Sec. 3 Uses. In an Agricultural Zone, uses are controlled as follows:
(1) Permitted Uses:
(a) agriculture
(b) the sale of farm, nursery, dairy or poultry
products within a structure having a groes
floor area of not more than 900 square feet
(c)one-family dwellings
(d) home occupation or profession (subject to the
requirements of Article 21)
(e accessory uses
n the same let and customarily
incidental to and subordinante to the above uses
(2) Special Exceptions. The following used
shall be allowed in
an Agricultural Zone, but only upon
the granting of a special exception permit by the Planning
board pursuant to Article 22 of this Ordinance.
(a) churches
(b) tenting and camping areas
(c) golf courses and golf driving ranges,
except miniature golf courses
-21-
(d) animal pounds, animal hospitals and
,animal clinics
(e)meter a
(f) radio and television twers
(e) mobile home parks (subject to the
requirements of Chapter %T, Ordinances
of the City of Bangor)
(h) municipaltiaes
(f) Public utility and public service
(j) e
quarries and gnavel pita (subject to the
requirements of Article 21, 6ec.2(2)
(3) Prohibited Uses: Any use aqt specifically Permitted i
this Article or in Article 21 of this
Ordinance. 1
-22-
Ch. VIII; Art. 5
See. 3
(d) animal pounds, kennels, animal hospitals and
mimal clinics at least 100 feet from any
Residential face
(e) cemeteries
(f) radio end television towers
(g) while home parka (subject to the require-
ments of Chapter U, Ordinances of the City
of Bangor, m may be emended)
(h) municipal uses
(i) public utility and public service uses
(j) quarries and gravel pits (subject to the
requirements of Article 21, Sec. 2(2)
(3) prohibited Uses: Any vee not specifically permitted in
this Article or in Article 21 of this
Ordinance.
-22-
Ch. VIll; Art, 6
See. 1 - See. S
CHAPTER VIII
AIITICLE 6 - RESIDENTIAL 1 CONE (R-1)
Sec. 1 Statement of Purpose. The Residential 1 Zone i established
to stabilize and protect the essential
characteristics of certain low density residential areas of
mostly single-family dwellings ers s where such development
is desired to promote and encourager asuitable environment for
family life.
See. 2 basic Requirements. Buildings or lend used or occupied, and
buildings erected, constructed, reconstructed,
nstructed,
moved o structurally altered, whether permitted u does ial
exceptions, shall comply with thG requirements of Article 21 of
this Ordinance and the following dimensional requirements:
(1) Building height limit 26e stories
not exceeding 25 feet
(2) but area:um 9,000 square feet
(3) Int c raga3 maximum 50%
(4) Int width: minimum 75 feet
(5) Minim setback20 feet
(6) Side yard width: minimus 6 feet one
side, sum of sides, 16 feet m
accessary building 3 feet m r
(7) Rearm
yard depth: um 24feet,
acces cry building 3ufeet
Sec. 3 Uses. In a Residential 1 Zone, uses are controlled an follows:
(1) Permitted Uses:
(a)one-family detached dwellings
(b) home occupation or profession (subject
to the requirements of Article 21)
(c) accessory uses on the same lct and
customarily incidental to anc subordinate
to the above uses
(2) Special Exceptions. Me following uses shelf be allowed i
a Residential I Zone, but only upon
the granting of a special exception permit by the Planning
Board pursuant to Article @ of this Ordinance.
(a) churches and nursing homes
(3) Prohibited Uses: Any use not specifically permitted in this
Article or 1n Article 21 of this Ordnance
-2
Ch. VIII; Art. 7
Sec. 1 - Sec. 3
Sec. 1 Statement of purpose. The Residential 2 Zane is established to
stabilize and protect the essential
cbum acteristics of certain low density residential areas which are
cberaeterized by structures capable of providing suitable dwellings
for one -family and two-family use.
Sec. 2 Basic Requirements. Buildings or land used or occupied, and
buildings erected. c nstructed, reconstructed,
nstructed,
moved a structurally filtered, whether permitted on special
exceptions, shall comply with the read-rements of Article 21 of
this ordinance and the following dimensional requirements:
(1) Building height limit: 2h stories or
25 feet
(2) put area: 6,000 sq. ft.
(3) Int coverage: manimum 3%
(4) Int width:imum 60 feet
(5) Minimum setback20 feet
(6) Side yards: 6 feet one aide: a= of
sides 16 feet, minimum
accessory
structure 3 feet mr
(7) Rear yard: 24 feet minimum; accessary
structure 3 feet minimum
Sec. 3 Uses. In a Residential 2 Zone, uses ace controlled as follows:
(1) Permitted uses;
(a)one-family detached dwellings
(b) two-family detached dwellings
(c) home occupation or profession (subject to
the requirements of Article 21)
(d) accessory uses on the same lot and
customarily incidental to and
subordinate to the above uses
(2) Special Exceptions. The following uses shall be allowed
na Residential 2 Zone, but only
upon the granting of aspecial exception permit by the
Planning Hoard pursuant to Article 22 of this Ordinance.
(a)one-family attached dwellings
(b) churches and nursing homes
(3) prohibited Uses. Any use not specifically permitted in this
Article or in Article 21 of this Ordinance.
-24-
CHAPTER VIII
ARTICLE 7
- RESIDENTIAL 2
(R-2)
ZONE
Sec. 1 Statement of purpose. The Residential 2 Zane is established to
stabilize and protect the essential
cbum acteristics of certain low density residential areas which are
cberaeterized by structures capable of providing suitable dwellings
for one -family and two-family use.
Sec. 2 Basic Requirements. Buildings or land used or occupied, and
buildings erected. c nstructed, reconstructed,
nstructed,
moved a structurally filtered, whether permitted on special
exceptions, shall comply with the read-rements of Article 21 of
this ordinance and the following dimensional requirements:
(1) Building height limit: 2h stories or
25 feet
(2) put area: 6,000 sq. ft.
(3) Int coverage: manimum 3%
(4) Int width:imum 60 feet
(5) Minimum setback20 feet
(6) Side yards: 6 feet one aide: a= of
sides 16 feet, minimum
accessory
structure 3 feet mr
(7) Rear yard: 24 feet minimum; accessary
structure 3 feet minimum
Sec. 3 Uses. In a Residential 2 Zone, uses ace controlled as follows:
(1) Permitted uses;
(a)one-family detached dwellings
(b) two-family detached dwellings
(c) home occupation or profession (subject to
the requirements of Article 21)
(d) accessory uses on the same lot and
customarily incidental to and
subordinate to the above uses
(2) Special Exceptions. The following uses shall be allowed
na Residential 2 Zone, but only
upon the granting of aspecial exception permit by the
Planning Hoard pursuant to Article 22 of this Ordinance.
(a)one-family attached dwellings
(b) churches and nursing homes
(3) prohibited Uses. Any use not specifically permitted in this
Article or in Article 21 of this Ordinance.
-24-
On. VIII; Art. S
Sec. 1 - Sec. 3
N:IAUNNIWAO
ARTICLE 8 - RESIDENTIAL 3 = (R-3)
Sec. 1 Statement of Purpose. The Residential 3 Zane is established to
stabilize and protect the essential
characteristics of certain residential areas defined by a plan
or similar recorded instrument approved by the City Council and
recorded in the Penobscot Registry of Deeds and to promote and
a suitable environment for family life. Development
encourageor l
redevelopment in this zone
is limited to a controlled mixing
of housing types c istingprimarily of one to four -family
dwellings and certain community and r eational facilities t0
serve residents of the area, in accordance with the recorded plan.
Sec. 2 Music Requirements. Buildings or land used oroccupied, and
buildings erected, constructed, reconstructed,
moved or structurally altered, whether n rmitted uses or special
xceptions, shall comply with the requirements of Article 21 of
this Ordinance and the following dimensional requirements:
I Family 2 Family 3 Faraily 4 Family
(1) Bldg. height limit: (2& stories or 30 ft.)(21z stories or 35 £t.)
(2) Min. lot area (sq.ft.) 7.500 10,W 12, SOo 15,000
(3) Max. lot coverage: 3N 30% 35% 35%
(4) Min. lot width (£t.) 75 90 105 120
(5) Min, eetback (ft.) 20 20 20 20
(6) Min. side yard:a a side 6 ft; sua of aides 16 ft.: accessory
structures 5 ft.
(7) Min. rear yard: (ft.) 24 24 24 24
Accessary structure (ft.) 5 5 5 5
Sec. 3 Uses. In a Residential 3 Zone, uses ar_ controlled as follows:
(1) Permitted Uses:
(a)one-family, tiro -family, three-family and
four £emily dwellings
(b) hone occupation or profession (subject to the requirements
of Article 21)
(c) accessory .uses on the same lot and
customarily incidental to and subordinate
to the above uses
(2) Sercial Exceptions. The following uses shall be allowed
na Residential 3 Zane, but only
upon the Scanting of aspecial exception permit by the
Planning Saeed pursuant to Article 22 of this Ordinance.
-25-
Ch. VIII; Art. s
sec.
(a) clurches
(b) n -r ing homes
(3) Prohibited Uses. Any use not specifsally permitted i
this Article or is Article 21 o4 th_s
Ordina-ce.
-26-
a. VIII; Art. 9
Sec. 1 - Sec. 8
CHAPTER VIlI
ARTICLE 9 - RESIDOITIAL 4 SORE (R-4)
Sec. 1 Statement of Purpose. The Residential 4 Zone is established to
stabilise and protect the essential
Characteristics of certain residential arsas which are substan-
tially built up with one -family to four -family dwellings, and to
promote end encourage a suitable environment for family life.
Development inthis zone is limited vprimarily to medium density
residential use.
Sec. 2 Beak Requirements. Buildings or lana used orcupied, and
buildings erected, constructed, reconstructed,
moved or structurally altered, whether permitted uses or special
exceptions, shall comply with the requirements of Article 21 of
Min Ordinance and the following dimensional requirements:
(1) Bldg. height limit: 3 stories or 35 feet
(2) Min. lot area: 1 and 2 dwelling units, 6000 sq. ft.
3 dwelling units, 9500 sq. ft.
4 dwelling unite, 9000 sq. ft.
(3) .let coverage: maximum 35%
(4) Minimum Usable Open Space: 60O sq. ft. per dwelling unit
(5) Minimum lot width: 1 and 2 dwelling units, 60 feet
3 dwelling units, y0 feet
4 dwelling unite, 80 feet
(6) Minimum setback: 20 feet
(y) Side yard: minimum 8 feet, accessory structures 3 feet
(8) Rear yard: minimum 24 feet, accessory structures 3 feet
Sec. 3 Uses. In a Residential 4 Zone, lace are controlled as follows:
(1) Permitted Uses:
(a)one-family, two-family, three-family and
Pour -family dwellings
(b) home occupation or profession (subject to the
requirements of Article 21)
(e) accessory used on the same lot and customarily
incidental to and subordinate to the above uses
(2) Special Exceptions. The following uses
shall be allowed i
a Residential 4Zone, but only upon
the granting of a special exception permit by the Planning
Board pursuant to Article 22 of this Ordinance.
(a) ._ ..HE I ____ ___ _______ ammmm� (Reserved)
(b) churches and nursing homes
(c) one -family attached dwellings
(d) two foul family dwellings on adjacent lets may be
joined by a women wall if the remaining side yards
erre a minimi® of 20 feet each.
(3) Proubited Usear Any use not specifically permitted in this
irtiele or in Article 21 of this Ordinmmee
-27-
Ch. VIII; Art. 10
Sec. 1 - Sec. 2
CHAPTER VIII
ARTICLE 10 - RESIDERTrnr 5 BOHE (R-5)
Sec. 1 Statement of Purpose. The Residential 5 Zone is established to
stabilize and protect the essential
characteristics of certain high density residential a as located
near the central part of the City and to promote and encourage
insofar asrompatible with the intensity of land uses, a suitable
environment p
fr, family life. Development in thin zone includes
all types of residential use as well as certain office uses
unlikely to create fl concentration of traffic and certain service
uses limited to locations along major streets.
Sec. 2 Basis Requirements. Buildings or land used or occupied, and
buildings erected, constructed, reconstructed,
nstructed,
moved or structurally altered, whether permitted uses a special
exceptions, shall comply with the requirements of Article 21 of
this Ordinance and the following dimensional requirements:
(1) Lot ar um 6000 sq. ft. for the first
3 dwelling unite; for each additional dwelling
nit add: 800 sq. ft. per efficiency unit, plus
200 sq. ft. for each bedroom.
(2) Height:,.m.y development based on floor
area
ratio: % 1.0
(3) let screamer maximum 4ab
(4) Minimum sable open apace: 100 sq, ft. per
efficiency unit, plus 200 sq. ft. for each
bedroom
(5) Lot width: minimum 60 feet
(6) Minimum setback: 15 feet, plus 30% of building
height for buildings over 3 stories
(y) Side yard minimum shall be the greater of: (a) IC
feet (b) 30% of the building height (c) 15% of the
building frontage; acanory structure 3 feet
(8) Rear yard: 15 feet; plus 3O% of building height
for buildings over 3 stories; accessory structure
3 feet
Sec. 3 Uses. In a Residential 5 Zone, uses are controlled we follows.
(1) Permitted Uses:
(a)one-family, two-family and m'alti-family dwellings
(b) home occupation or profession (subject to the
requirements of Artic-e 21)
(c) accessory uses on the same lot and customarily
incidental to and subordinate to the above uses
-28-
Co. VIII; Art. 10
Sec. 3
(2) Spec iel Exoeptiene. Ma follawins uses shall be allowed
n
a Residential5 Zore, but only
upon the granting of aapecial ex2ettion permit by the
Planning Poara Pursuant to Articl- 22 of tN_s ordinance.
(a) boarding homes, rooming boozer and nu sing
homes, crutches, ftneral homes and motels
(b) offices and community service organizations
which do not exceed 2,000 aq_ ft. in grass
floor area
(c) ane -family attached dwelLng=_
(3) Prohibited Uses Any use not specifically permitted in. this
Article or in Article 21 of this ordinance.
-29-
Ch. VI1I; art. 11
See. 1 - sec. 3
CNAp'£ER Vill
ARTICLE 11 - NEIGHBCRTKOU CW99ERCTmr ZONE (C-1)
Sec. 1 Statement of purpose. The Neighborhood Commercial Zone i
established to accomodate the daily
r frequent shopping needs of the neighborhood consumer. In
this z which is located in close proximity to existing
eidential areas, land uses are limited primarily to small
service businesses and retail steres primarily serving the
neighborhood.
Sec. 2 Basic Requirements. Buildings or land used or occupied, and
buildings erected, constructed, reconstructed,
moved or structurally altered, whether permitted uses or special
exceptions, shall comply with the requirements of Article 21 of
this Ordinance and the following dimensional requirements:
(1) Building height limit: 2 stories or 30 feet
(2) Minimum let area: 6W0 sq. ft. plus 1500 aq.
ft. for each dwelling unit
(3) Maximum coverage: 30%
(4) Minimum lot width: 60 feet
(5) Minimum Setback: 20 feet
(6) Minimum side yard width: 3 feet
(y) Minimum rear yard depth: 24 feet
Sec. 3 Uses. In a Neighborhood Commercial Zone, no business may be
conducted in V Structure with more than 2000 square feet
in know floor
area,
and no goods or materials may be displayed
or stored re
except goods or materials of aanal nature
displayed for retail sale, and such outside storage display even
may not exceed 1% of the gross floor area of the building. Us
are controlled as follows:
(1) Permitted Uses:
(a) grocery/euperette
(b) delicatessen
(c) drug store
(d) self-service laundromat
(e) laundry pick-up station
(f) business or professional office
(g) barber shop/beauty parlor
(h) shoe repair shop
(i) community service organization
(j) accessory uses on the same let and
castomarily incidental to and sxbcrainate
to the above uses
-30-
a. VIII; Art. ll
See. 3
(2) Special Exceptions. Me following uses shall be allowed
in a Neighborhood Commercial Zone,
but only upon the granting of a special exception permit
by the Planning Hoard pursuant to A title 22 of this
Ordinance.
(a) mixed r sidentiel/c® 4iel use,
a mum of dwel=ng
units per dwelling
(b) here occupiteon or profession Ssubject
to the requirements of Article 21, Sec.
2(1) )
(3) Prohibited Uses: Any use not specifically permitted in
:hie Article or is Article 21 of this
Ordinance.
-31-
Q. VIII; Art. 12
See. 1 - Ser. 3
Sec. 1 Statement of purpose. The Commercial Development Zone i
established to accomodate the shopping
Beds of am uch larger consumer population and area of residency
than that served by the C-1 Neighborhood Commercial Zone. Within
this zone which is located in relative proximity to residential
access and to motor thoroughfares, are permitted a wider range of
useincluding retailing and the furnishing of certain personal,
office and other services.
Sec. 2 Basic Requirements. Buildings or land used or occupied, and
buildings erected, constructed, reconstructed,
nstructed,
moved or structurally altered, whether n mitted uses o special
exceptions, scull comply with the requirements of Article 21 of
this Ordinance and the following dimensional requirements:
(1) deciding height limit: 2 stories or 30 feet
(2) Minimum lot area; 8000 sq. ft.
(3) Maximum lot coverage: drive-in business 2%,
other businesses 35%
(4) Minimum lot width: drove -in *tpine8Z 100 ft.,
other businesses 70 ft.
(5) Minimum setback: 20 feet
(() Minimum side yard: 12 feet
(7) Minimum rear yard: 24 feet
Sec. 3 uses. In a Commercial development Zine, uses are controlled as
follows:
(1) permitted Uses:
(a) any business or professional office
(b) motel or hotel
(c) schools conducted as gainful business,
such as trade, business, dance and music schools
(d) community s organizations
(e) club or lodge,yprivate
(f) enclosed recreation centers conducted as
a gainful business
(g) any other retail or
service business (except
as referred to under subsection 2 or 3 below)
conducted within a building, with no goods or
materials displayed or stored outdoors, except
goods or materials of a seasonal nature displayed
for retail sale, with outdoor display area limited
to 1% of the gross floor area
of the building
(h) s
ory u n the same lot and customarily
incidental to and subordinate to the above uses
-32-
CHAPTER VIII
ARTICLE
12
- COMMERCIAL DEVEIOPNENT SOME
(C-2)
Sec. 1 Statement of purpose. The Commercial Development Zone i
established to accomodate the shopping
Beds of am uch larger consumer population and area of residency
than that served by the C-1 Neighborhood Commercial Zone. Within
this zone which is located in relative proximity to residential
access and to motor thoroughfares, are permitted a wider range of
useincluding retailing and the furnishing of certain personal,
office and other services.
Sec. 2 Basic Requirements. Buildings or land used or occupied, and
buildings erected, constructed, reconstructed,
nstructed,
moved or structurally altered, whether n mitted uses o special
exceptions, scull comply with the requirements of Article 21 of
this Ordinance and the following dimensional requirements:
(1) deciding height limit: 2 stories or 30 feet
(2) Minimum lot area; 8000 sq. ft.
(3) Maximum lot coverage: drive-in business 2%,
other businesses 35%
(4) Minimum lot width: drove -in *tpine8Z 100 ft.,
other businesses 70 ft.
(5) Minimum setback: 20 feet
(() Minimum side yard: 12 feet
(7) Minimum rear yard: 24 feet
Sec. 3 uses. In a Commercial development Zine, uses are controlled as
follows:
(1) permitted Uses:
(a) any business or professional office
(b) motel or hotel
(c) schools conducted as gainful business,
such as trade, business, dance and music schools
(d) community s organizations
(e) club or lodge,yprivate
(f) enclosed recreation centers conducted as
a gainful business
(g) any other retail or
service business (except
as referred to under subsection 2 or 3 below)
conducted within a building, with no goods or
materials displayed or stored outdoors, except
goods or materials of a seasonal nature displayed
for retail sale, with outdoor display area limited
to 1% of the gross floor area
of the building
(h) s
ory u n the same lot and customarily
incidental to and subordinate to the above uses
-32-
Ch. VIII) Art.12
Sec. 3
2)
Special H ceptions. The following uses shall be allowed
in a Commercial Development Zone, but
only
upon the grunting of a special exception permit by the
Planning
Hoard pursuant to Article 22 of this Ordina..ce.
(a)
gasoline service station
(b)
car wash
(c)
drive-in business, except drive-in
movie theatre
(d)
animal clinics in a completely enclosed
building at least 100 feet from any
residential zoe
(e)
mixed residential and commercial uses
(7)
Prohibited
Uses. Any use not specifically permitted in this
Article or in Article 21 of this Ordtnanca.
-33-
Ch. VIII; Art. 13
Sec. I - sec. a
ARTICLE 13 - COpIESCLIL SERVICE SCUM (C-3)
See. 1 Statement of Purpose. The Commercial Service Zoe is established
to accommodate those retail, xholeeele. and
service uses Mich because of certain locational requirements and
operational characteristics are generally concentrated along major
thoroughfares. Permitted within this saw are a ride variety of
uses, some of which are act compatible with the uses permitted in
automotive sales and service establishments, wholesale operations,
eM other activities Mich usually serve
a langer consumer population
end area in mf residency taw that of the immediate neighborhood.
Sec. 2 Basic Requirements. Buildings or land need or occupied, and
buildings erected, constructed, reconetructed
wed or structurally altered. Metber permitted was or special
exceptions, shell comply with the requirements of Article M of
this Ordinance and the following dimensional requirements:
(1) Building height limit: 2 stories or 35 feet
(2) Minimum lot area: 30,c00 sq. ft.
(3) Maximum lot coverage: drive-in business 20%
other businesses 40%
(4) Minimum lot width: drive-in business 100 feet,
other businesses 75 feet
(5) Minimum setback: 20 feet
(6) Minimua side yard width: one side 5 feet,
total 25 feet
(7) Mindmam rear yard depth: 24 feet
Sec. 3 Uses. In a Commercial Service Zone, nese ere controlled as follows:
(1) Permitted Uses
(a) basins or pro4eesigml office
(b) motel or hotel
(c) schools eondueted us a gainful basins
catch us trade, bueineac, dance and music schools
(d) community service organizations
(e) private meeber%hip social masa freteeaal clubs
(f) enclosed recreation centers conducted as a gainful business
(g) auto, truck, =bile base, boat, agricultural and
construction machinery sales and service
(h) Molesale business conducted entirely within a
building having a groes floor arae an greater than
40c0 sq. ft., with no goods or materials displayed
or stored outdoors
-34-
Ch. VIII; Art. 14
Sec. 1 - Sec. 9
CHAPTER VIII
ARTICLE 14 - CENTRAL MIRESS DONE (C-4)
Sec. 1 Statement of Purpose. The Central Business Som is established
to accommodate theme retail, service and
office Seem which are of city-wide or regional significance and
e characteristic of a central betimes district. Within this
limited area of concentrated activity and intensive development
e found many prime retail activities of city-wide significance,
administrative offices of private organizations, administrative
offices and political seats of state, county and city goverment,
and offices of professional and Sen-pmfeaioml persona offering
variety of specialized services. New construction and any
alteration of existing buildings or land use should be consistent
with the objective to develop and maintain the central business
Sec. 2 Basic Requirements. Buildings or land used or occupied, and
buildings erected, constructed, reconstructed,
moved or structurally altered, whether permitted was or special
exceptions, shell comply with the requirements of Article 21 of
this Ordinance and the following dimensional requirements:
(1) Floor area ratio: Residential - 2.01
Commercial - 4.0
Sec. 3 Rees. In a Central Business Rom, ones are controlled as follows:
(1) permitted Save
(a) any business or professional office
(b) motel or hotel
(e) schools conducted Se e gainful business, such
an trade, business, dance and music schools
(d) educational usea or cultural uses, each as
manages, libraries
(e) community service organimtione
(f) private membership social and fraternal clubs
(g) enclosed recreation centers conducted as a
gainful business
(h) any other retail or aervioe business (except ac
referred to under subsection (2) or (3) or
eonbmeted within a Wilding w'_th nc goods or
materimle displayed or stored outdoors, except
goods or materials of a seasonal estate displayed
for retail sale, with outdoor display gra limited
to N of the groes floor urge of the Wilding
(i) accessory wage on the ease lot and customarily
Incidental to and sabordinate to the above uses
-36-
Ch. VIII} Art. 14
Sec. 3
(2) Special Exceptions. The following ones shall be allowed
in a Central Business Sone, but Orly
upon the granting of a special exception permit by the
Planning Board pursuant to Article 22 of this Ordinance.
(a) gasoline service Station as part of parking
Wage
(b) automotive uses, such an mate/truck sales
And service or car wash
(t) off-street parking lot or parking garage
(d) residential uses
(e) wholesale business (only Men eaeondary to a
retail business on the promisee) conducted
entirely within a building, with no gouda or
materials displayed or stared outdoors
(f) drive-in banks
(g) home occupation or profession (subject to the
requirements of Article 21, See. 2(1))
(3) Prohibited Ones. Any we nut specifically permitted in
this Article or in Article a of this
ordinance.
-37-
Ch. VIII; Art. 15
Sec. 1 - Sec. a
ARTICLE 15 - INDUSTRIAL PARK 1 yptRt (1-1)
See. 1 Statement of Purpose. The Industrial Park 1 gone is established
to accommodate certain manufacturing and
research institutions or other industrial uses which desire location
n spacious, attractive surroundings. Thin sons shall be preserved
and protected from the intrusion of incompatible ones which might
impede or otherwise have a detrimental effect on the development of
each lands.
Sec. 2 Basic Requirements. Buildings or land used or occupied, and
buildings erected, constructed, r netructed,
moved or structurally altered, Mather permitted uses o special
exceptions, ehmll comply with the requirements of Article 21 of
this ordinance and the following dimensional requirements:
(1) Let covers"! americans 25%
(2) Minimum Let aremi none
(3) Mature setback: 50 feet
(4) Side yard width: minimum 50 feet
(5) Rear yard depth: minimum 50 feet
(6) Landscaping: Areae nut occupied by buildings,
driven, valka and parking areae shell be land-
scaped and maintained
See. 3 Rs as. In an Industrial Park 1 gone, uses are controlled AS follows:
(1) Permitted Uses:
(a) Light industry, including manufacturing,
compounding, sanembling or treatment of
goods and products, with all goods or
materials stored in enclosed buildings,
much As, but mat limited to, the manufacture
of electrical components, appliances, abuse
or tactiles
(b) research and testing facilities of a laboratory
nature
(c) administrative offices of manufacturing or
research corporations
(d) when accessary to any of the above uvea:s -
houses, vehicle storage, paragon and employee
restaurants
(2) Special Exceptions: The following uses shall be alloyed
in an Industrial Park 1 gone, but only
upon the grouting of a special exception permit by the Placing
Board porauevt to Article 22 of this ordinance.
(a) Living quarters for Security
urity personnel, limited
to one dwelling unit. The living quarters should
be located within the principal industrial building.
-38-
M VIII; Art. 15
Sec. 3 -
(b) home occupation or profeemiun (subject to
the requirements of Article 21, Sec. 2(1))
(3) Prohibited Uses: Any we not specifically permitted in
this Article or in Article 21 of this
Ordinance.
_3¢
Ch. VIII; Art. 16
Sec. 1 - Sec. 3
CSAPfSR VIII
AMCU 16 - INLOSTRL4L PARM 2 ZONE (I-2)
Sec. 1 Statement of Purpose. The Industrial Perk 2 Zone is established
to accommadate certain commercial and
industrial uses. Development in this rune is limited primarily
to manufacturing, wazehonaivg, distributing, or other treatment
of goods and products, truck terminale and other similar uses.
designed to ensuren sufficient apace for building expansio
parking, loading facilities and landscaping.
Sec. 2 Bemis Requirements. Buildings or land used or occupied, and
buildings erected, constructed, reconstructed
moved or structurally altered, Methar permitted used or special
exceptions, shall comply with the requirements of Article 21 of
this Ordinance and the following dimensional requirements:
(1) Minimum lot az
e
(2) Lot coverage: maxima
n! 25%
(3) Minimum setback: 5 feet
(4) Side yard width: minimum 50 feet
(5) Sear yard depth: minimum 50 feet
(6) landscaping: AOnt and side yards rot
occupied by drives, walks, parking aM
lmadiM areas shall be landscaped and
maintained.
Sec. 3 Ease. In an Industrial Perk 2 Zone, uses are controlled as folloes:
(1) Permitted Eves:
(a) any ages permitted in I-1 face
(b) manufacturing, compounding, weaseling,
packing, treatment, marebomiug or xhole-
soleing of goods and products
(c) truck terminale
(d) radio and television facilities
(e) Men ancesaory to any of the above save:
offices, motor vehicle garages, and employee
restaurants
(2) Special Lkceptiom. The following sees shall be allowed in
an Industrial Park 2 Zane, but only
new the Starting Of a Special exception permit by the
Planning Board pursuant to Article 22 of this Ordinance.
(a) Living quarters for security personnel, limited
to am dwelling unit. Me living quarters Should
_4a-
Ch. VIII; Art. 16
See. 3
be located within the principal industrial
building
(b) base occupation or profession (subject to the
requirements of Article 2l, Sec. 2 (1))
C3) prohibited Uses: Any use act specifically permitted in
this Article or in Article 21 of this
Ordinance.
-41-
Ch. VIII; Art. 17
See. 1 - see. 3
CHAPTER =
AWNI,E 17 - GENIRAI IRIKUVW TARE (I-3)
Ree. 1 Statement of Purpose. The General Indua.ry Pone is established
to accommodate al_ types of industrial and
commercial used.
Sec. 2 Basic Requirements. Buildings or lend used or occupied, and
buildings erected, constructed, reconstructed,
wed or structurally altered, whether permitted uses or special
exceptions, shall comply with the requirements of Article 21 of
this Ordi:ance and the following dimensional requirements:
(1) Building height limit: none
(2) Minimum lot area:
(3) Minimum setback: 30 feet
(4) Minimum side yard width: 10 feet
(5) Minimum rear yard depth: 20 'set
See. 3 Pees. In a General Industry Zone, uses are controlled as follow:
(1) Permitted Pees:
(a) commercial or industrial ones
(b) accessory was on the come lo: and
oustoily incidental to and sub-
rdinate to the above ends
(2) Special Exception. The folloving uses shell be allowed
in a General :nduntry Ron, but only
upon the granting of a special exception permit by the
Planing Board pursuant to Article 22 of this Ordinance.
(a) home occupation or profession (subject to
the requirements of Article 2:, Sec. 2(1))
(3) prohibited Beed. Any we cut specifically permitted in
this Article or in Article 21 of thin
ordinance.
-42-
Ch. VIII; Art. 10
See. 1 - Sen. 3
rrmamrciuui
ARTICLE 18 _ CIVIC AND INSTITUTIONAL ZONE (C&1)
Sen. 1 Statement of Purpose. The Civic and Institutional Zone i
established to p_eserve and protect
those areas of the City occupied by public and non-profit
institutional buildings or uses.
Sec. 2 Basic Peonirements. Buildings or land used or occupied, and
buildings erected, constructed, reconstructed,
red or structurally altered, whether committed uses ospecial
ceptiens, obeli comply with the requirements of Article 21 of
this Ordinance and the following dimensional requirements:
(1) Building height limit: maximun 75 feet
(2) Minimum lot area: none
(3) lot coverage: l3o maximum
(4) Minimum setback: 30 feet plus 3N of
building height for buildings over 35
feet in height
($) Side yard width:um 20 feet plus
30% of building heightforbuildings
over 35 feet in height
(6) Rear yard depth: minimum 30 feet
Sec. 3 Uses. In a Civic and Institutional Zara, uses are controlled as
follows:
(1) Permitted Uses:
(a) facilities operated by public agencies
r private non-profit organizations limited
to health, education, social welfare, and
cultural uses
(b) churches
(c) cemeteries
(d) home occupation or profession (subject to the
requirements of Article 21)
(e)s
ory u n the same lot and customarily
incidental to and subordirm to to the above uses
(2) Special Exceptions. The following uses shall be allowed in
a Civic and Institutional Zone, but only
upon the granting of a special exception permit by the Planning
Board pursuant to Article 22 of this Ordinance.
(a) medical office buildings, when in close
proximity to hospitals offering in-patient
care
(3) Prohibited Uses. Any use not specifically permitted in this
Article or in Article 21 of this Ordinance.
-43-
Ch. VIII; Art. 19
Sec. 1 - Sec. 3
Sec. 1 Statement of Purpose. The Perk and Open Space Zone is established
to preserve and protect certain areas, such
rivers,as streams, marshes, natural drainageways, greenbelts,
agricultural and forest lands, and Weas of aesthetic value. Such
zoning will perpetuate open spaces and water ares limiting the
Was of these areas to certain agricultural, recreational anal
multi-purpose uses consistent with the purpose and intent of this
O nance.
Sec. 2 Panic Requirements. Buildings or land used or occupied, and buildings
erected, constructed, reconstructed, meved or
structurally altered, whether permitted was or special exceptions,
shall comply with the requirements of Article 21 of this Onii. ance.
Sec. 3 Utes. In a Park and open Space Zone, uses are controlled es
follows:
(1) Pervdtted Uses;
(a) agriculture, including the production of dairy
products and crops, the keeping and raising of
livestock end poultry, except feedlots
(b) tree farms, forests aM forest nmrserles
c ash hatcheries
d Commercial gardening and greeMousas, provided
sale of produce is not Won the premises
(e) public parka, reaervations, drainageways, forests,
preserves, and other open or natural areas
(f) Fane occupation or profession (subject to the
requirements of Article 21)
(g) accessary uses on the sane lot and customarily
incidental to and subordinate to the above uses
(2) Special Exceptions. The following uses shall be allowed in
e Park and Open Space Zone, but only upon the
granting of a special exception permit by the Planning Board pursuant
to Article 22 of this Ordinance.
(a golf courses, except miniature golf courses
b golf driving ranges
outdoor tennis courts
(d tenting and camping
(ebathing beaches and outdoor swimming pools
(f hiking, saddle, carriage, ski and snowshoe trails
(g) outdoor ice skating areas
CHAPTER VIII
ARTICLE.
19
- PANS AND OPEN
SPACE ZOUE
(PW)
Sec. 1 Statement of Purpose. The Perk and Open Space Zone is established
to preserve and protect certain areas, such
rivers,as streams, marshes, natural drainageways, greenbelts,
agricultural and forest lands, and Weas of aesthetic value. Such
zoning will perpetuate open spaces and water ares limiting the
Was of these areas to certain agricultural, recreational anal
multi-purpose uses consistent with the purpose and intent of this
O nance.
Sec. 2 Panic Requirements. Buildings or land used or occupied, and buildings
erected, constructed, reconstructed, meved or
structurally altered, whether permitted was or special exceptions,
shall comply with the requirements of Article 21 of this Onii. ance.
Sec. 3 Utes. In a Park and open Space Zone, uses are controlled es
follows:
(1) Pervdtted Uses;
(a) agriculture, including the production of dairy
products and crops, the keeping and raising of
livestock end poultry, except feedlots
(b) tree farms, forests aM forest nmrserles
c ash hatcheries
d Commercial gardening and greeMousas, provided
sale of produce is not Won the premises
(e) public parka, reaervations, drainageways, forests,
preserves, and other open or natural areas
(f) Fane occupation or profession (subject to the
requirements of Article 21)
(g) accessary uses on the sane lot and customarily
incidental to and subordinate to the above uses
(2) Special Exceptions. The following uses shall be allowed in
e Park and Open Space Zone, but only upon the
granting of a special exception permit by the Planning Board pursuant
to Article 22 of this Ordinance.
(a golf courses, except miniature golf courses
b golf driving ranges
outdoor tennis courts
(d tenting and camping
(ebathing beaches and outdoor swimming pools
(f hiking, saddle, carriage, ski and snowshoe trails
(g) outdoor ice skating areas
Ch. VIII; Art. 19
Sec. S
(h) animal pounds
(i) stables, including liveried
(j) beat launching fecilitied and related boat
and canoe rentals
(k) botanical and zoological gardens and
miler nature exhibits
(1) museums
(3) Prohibited Used. Any use not specifically permitted in this
Article or in Article 21 of this Ordinance.
-45-
M. VIII; Art. 20
See. 1 - See. 3
(:HALTER VIII
AS71032 2O - AIRPORT SANS (AP)
Sec. 1 Statement of Purpose. The Airport Sane is established to
accomodate those uses which because of
lneatinnel requirements or operational characteristics are
appropriate to locate at or in close proximity to an airport.
Thin zone is for aviation was as well as certain manufacturing
retail and service was which generally would be considered
compatible with em airport complex. The Airport now is not
designed to include those wee which would be seriously affected
by adverse voice and award factors inherent in an airport
operation.
See. 2 Basic Requirements. Huildiega or land need or occupied, and
buildings erected, constructed, reconstructed,
exwed or structurally altered, whether permitted wee or special
ceptions. shall comply with the requirements of Article 21 of
this Ordinance and the following dimensional requirements:
(1) Federal aviation regulations. Part 77 existing
add an way be emended.
(2) Restrictive covenants between the United
States of America and the City of Bangor
controlling the development and use of
Bangor International Airport.
Sec. 3 Uses. In an Airport Some, uses we controlled m follows:
(1) Permitted Uses:
(a) airports, heliports, aircraft lending fields,
and related operational and terminal facilities
(b) aviation was, including the sale, service, or
storage of aircraft and aircraft parts
(c) manufacturing and industrial was which we in
conformance with the purpose of this code and
which will ant be anxious or injurious by reason
of the production or emission of duet, smoke,
odor, gee, fvmem, refuse matter, noise, vibration,
or similar substances or conditions
(d) retail and service was much as gasoline a rvice
stations, hotels, motels, restaurants, offices,
and beefing facilities
(a) accessary uses on the was lot and customarily
incidental to and subordinate to the above uses
-46-
Ch. VIII; Art. 21
Sec. I - Sec. 2.
CHAPTER Vill
ARTICLE 21 - SUPPLEMENTARY REGUCZ4TIOHS
Sec. 1 Statement of purpose. Buildings or lend used or occupied, and
buildings erected, constructed, reconstructed,
Moved or structurally altered, whether permitted u or special
exceptions, shall comply with the requirements of this Article
together with all applicable provisions of the Zoning ordinance.
See. 2 Uses - Special Requirements.
(1) Home Occupation or Profession. After the effective date of this
Ordinance, the use of land and/or
buildings shall be permitted in say zone for purposes of a home
occupation or profession; provided that such use shall conform
with the requirements of this Ordinance, including the following:
(a) said use shall only be permitted in residential
structures and shell beSecondary and subordinate
to the primary use of the structure
(b) said use shall be conducted wholly within the dwelling
or mecesesry structure.
(c) only members of the family permanently residing on the
premises shall be employed in such occupation or profession
(d) no stock in trade may be kept on the premises other then
is directly required or manufactured by the occupation
r profession
(a) there shall be no over-the-coureter or cuatemer pick-up
selee conducted on the premises.
(f) there shall be no outdoor display o storage, offensive
vibration, smoke, dust, odor, glare and other
indication of such a cupetion or profession, and no
variation from the residential character of the dwelling,
other than a nameplate as permitted under the Sign
Ordinance of the City of Sangre
(g) notwithstanding the requiremerts of sub -section (c) above,
a home occupation or profession may employ one person
outside the family, provided that such use
s located on
Broadway, center Street, Hammond Street, State Street,
Stillwater Avenue, Union Street, Mount Hope Avenue (between
Howard Street and the Hogan Road) in the City of Banger.
44-
Ch. VIII{ Art. 21'
Sec. 2
(1-A) Accessory Uses
Win any zoeaccessory r
use a structure for residential purposes
may only beapprovedby the CedeEnforcement Officer upon a determination
that said use or structure complies with the following conditions:
1: such use nM intended to expand a use otherwise limited
in area
2. such use, if not permitted by right within the zone, is
an integral and minor Part of a permitted vee
3. such use is consistent with the normal requirements of
the principal use and is not excessive for such use or
for that zone
4.
such use in not detrimental to the surroundings area or properties
5. adequate area is available without reducing aerivne
area
requirements set forth for the use and eons involved
(b) In any zone,
xcepting a r sidentail zone, accessory use or structure
for other than residential purposes may only beapproved by the Hoard of
Appeals upon a determination that said use orstructure complies with the
conditions described in subsection (a) (1-5) above.
(c) Poole used forswimming, wading or an a decorative divice for either
public or private use, shell meet the requirements and restrictions of the
Hangor Health Department.
(d) Temporary storage. Portable or mobile trailers, vans and similar vehicles
r temporary buildings may be used for storage, dispaly, only upon
approval of the Board of Appeals and only for a temporary period net to
exceed one year.
Such approval may be granted by the Hoard of Appeals, and may be extended
for successive periods of one year each, if the Hoard firma that the use:
1. does not diminish area requirements as set forth in the zoning
ordinance for that gone
2. there is a valid temporary need which cannot be met within the
principal structure and that adequate economic hardship cm be
shown
3. the initial approval, or any renewal, of the use will act in any
may be detrimental to the neighboring properties including
aesthetic appearance
-48a.
Ch. vxxr Art. u
See. 2
h, the One is not intended as a permanent or long term use
5. the use
is
oru
intent to circumvent building area limitations
for that z r prolong the see of facilities which have been
Outguess
6. will. be Adequately screened from neighborhood properties and the
street
7. will not be used as or intended for advertising for on or off
promisee purposes
R. is not intended for retail sales
9. Exceptions to the requirements of nubsections 1 through 8 above
may be permitted by the Code Enforcement Officer for a single period
not to exceed 30 days in any are calendar year, provided that such
use is for temporary retail sante., only.
lo, Tne above o s-� s do act prohibit the of such temporary facilities
as constructionorsite office orequipment storage facilities
during construction provided that n advertising other than theontract.
sname r
shall be on the vehicle facility and that such signs meet
the requi requirements of the Citi of Eaugor Sign Ordinance.
- Bb.-
(2) Quarried and Excavations. After the effective date of this
Ordinance, ar quarries or
excavations, as defined by this Ordinance,shall bepermitted
sept i n Agricultural Zane, and onlafter receipt of a
special exception pursuant to Article .No exception shall
be granted for such purposea unless the following additional
requirements are met:
(a) A permit for a sandpit or quarry, or for the
removal of soil, loam, sand, rock or gravel
from the land will beissued by the Code
Enforcement Officer upon approval of the
Planning board, for an initial period of not
more than two (2) years, provided that such
use is not seriously detrimental ho the
neighborhood and would not be detrimental to
the adjacent waterways. Permit(! may be
renewed under like conditions'for additional
periods carat more than one year each. Permits
not required when such removal i incidental
to, and in
connection with, the construction of
e building, structure, or
animating pool, for which
e building permit had been issued, o when incidental
to the grading or laying ouof land for development
or landscaping Purposes.
(b) No excavation shall be permitted within twenty (20)
feet of an existing o approved street, except to
conform Ise/permitted m with opp ae street grades; he shell
any excavation ithin twenty (20) feet
of any property 4pine except to conform with the
approximate gra a of adjacent property, and shall
be maintained a firm condition so that no weakening
or undermini of adjacent property as at the property
will take pit a that might prevent the full d f
adjacent pro erty.
(c) At the c letion of any excavation permitted
hereunder the property ownera shall take all
action to provide for the regrading
ofrsaidrex excavation with finished slopes not to
sed :A (vertical to horizontal) i n -disturbed
arth' 1:2 earth fill; and 4:1 i rock whether or
not a ground surface will be below water.
-49-
Ch. VIII; Art. 2l
Sec. 2
(2) Quarries and Excavations. After the effective date of this
Ordinance, no quarries or
excavations,
as defined by this ordinance, shall be permitted
except in an Agricultural Zone, and only after receipt of a
special exception pursuant to Article S2. No exception shell
be granted for such purposed unless -,he following additional
requirements are met:
(a) A permit for a sandpit or quarry, or for the
removal of soil, loam, sand, rock or gravel
Prem the land will be issued
ued by the Code
Enforcement Officer upon approval of the
Planning Board, for an initial period of not
more than two (2) years, provided that such
usis not seriously detrimental to the
neighborhoodeand would act be detrimental to
the adjacent waterways. Permits may be
renewed under like conditions far additional
periods educe more than one year each. Permits
enot required when such removal i incidental
to, and incection with, the construction of
a building, Structure, or swimming pool, for which
a building permit has been issued,
r
i sued, o when incidental
to the grading or laying out of hand for development
or landscaping purposes or for agricultural mss.
(b) No excavation shall be permitted within twenty (20)
feet of anxisting or approved street, except to
conform with approximate street grades; nor shall
any excavation be permitted within twenty (20) feet
of any property line except to conform with the
approximate grade of adjacent property, and shall
be maintained in a firm condition do that no weakening
or undermining of adjacent property as at the property
will take place that might prevent the full use of
adjacent property.
(c) At the completion of any excavat on permitted
hereunder, the property owner shall take all
necessary action to provide for the regrading
of said excavation with finished sloped not to
exceed 1:$ (vertical to horizontal) in un-distanhed
earth; 1:2 earth filli and 4:1 it rock whether or
not the ground surface will be below water.
-49-
CHAPTER VIII
ARTICLE 21 - SUPPLEMENTARY REGULATIONS
Sec. 1 Statement of Purpose. Buildings or land used or occupied, and
buildings a ected, constructed, reconstructed,
wed or structurally altered, whether permitted u or special
exceptions, shall comply with the requirements of this Article
together with all applicable provisions of the Zoning Ordinance.
Sec. 2 Uses - Special Requirements.
(1) Rome Occupation or Profession. After the effective date of this
Ordinance, the use of land and/or
buildings shall be permitted in any zone for purposes of a home
occupation or profession; provided that such use shall conform
with the requirements of this Ordinance, including the following:
(a)
said use shall only be permitted in residential
structures and shall be secondary and subordinate
to the primary use of the structure
(b) paid use shall be conducted wholly within the dwelling
(c) only members of the family permanently residing on the
premises shall be employed in such Occupation or profession
(d) no stock in trade may be kept on the premisesother than
s directly required or manufactured by the occupation
r profession
(e) there shall be no sales of products conducted on the
premises
(f) there shall be no outdoor display or storage, offensive
Vibration, smoke, Rest, odor, glare and other
indication of such occupation or profession, and n
variation from the residential character of the dwelling,
other than a nameplate as permitted under the Sign
Ordinance of the City of Hanger
(g) notwithstanding the requirements of sub -section (c) above,
a home occupation or profession may employ one person
outside the family, provided that such use
s located on
Broadway, Center Street, Hammond Street, State Street,
Stillwater Avenue, Union Street, Mount Hope Avenue (between
Howard Street and the Holten Road) in the City, of Bangor.
-48-
Ch. VIII; Art. 21
Sec. 2
(S) Filling, Grading and Dredging. After the effective date of
this Ordinance, no person
shall fill, grade or dredge any land or water area as pro-
vided herein without a permit for such purposes to be
granted by the Code Enforcement Officer of the City of
Bangor upon approval of the Planning Board pursuant to
Article 22. No permit shall be granted for such purposes
unless the following additional requirements are met:
(a) No material of any sort shall be deposited
into or removed from any stream, natural waterway,
drainageway, marsh or wetland in a matter which
alters or damages the existing topography or natural
r which affects the environmental stability
of such st
h ax x which impairs the life forms present
therein.
(b) Where specific conditions are present that limit
filling, grading or dredging and would not adversely
affect the en :went, a permit may be authorized
providing that the proposed change will not be
detrimental to the ecology and will not create
health or safety hazards.
(4) Major Streets. After the effective data of this Ordinance, n
churches, funeral homes, motels, offices,
community service organizations or nursing homes shall be
Toasted in any Residential zone (R -1,'R-2, R-3, R-4, and R-5),
except on the following attests: Broadway, Center Street,
Hammond Street, State Street, Stillwater Avenue, Union Street,
Momt:Xope Avenue (between Howard Street and the Hagan Road)
in the City of Bangor.
(5) Planned Unit Development. (Reserved)
(6) Townbause Subdivisions. (Reserved)
(7) Cluster Subdivisions. (Reserved)
(8) Shoreland Zoning. Pursuant to the authority granted to the
City of Bangor by virtue of 12 MRSA es 48U
at seq., the "State of Maine Guidelines for Municipal Shore -
land Zoning Ordinances", dated December 15, 1973, as adopted
by the Board of Environmental Protection and the Land Use
Regulation Commission for the State of Maine Pursuant to the
Administrative Direction of the State Planning Office are
hereby adopted by reference, with the same force and effect
as stated herein, except as follows:
The following designated sections are hereby deleted and
replaced with the following:
-s0-
Ch. VIII, Art. 21
Sec. 2 _ Sec. 3
Sec. 3 Effective Date. This Ordinance shall take effect ten (10)
days after its passage by the City Council.
A certified copy of this Ordinance shall be filed with the
Penobscot County Register of Deeds, according to the require-
ments of State law.
Sec. 5 Amendments. This Ordinance may be amended by a majority
vote of the City Council incordance with
all other requirements for amendment of the Zoning Ordinance.
The State Planning Office shall be notified by certified
mail, of amendments to this Ordinance, prior to the
effective date of such amendments. A file of return receipts
from such mailing shall be maintained as a permanent record.
Sec. 6 Districts. The areas to which this Ordinance is applicable
are hereby divided into the following districts:
(1) General Davelopmant District. Al areas of the City of
Bangor su jec�i t toTions of this Article, as
provided in Section 2 herein, except those areas of the
City of Bangor included in the Resource Protection
District and the Limited Residential -Recreational
District.
(2) Limited ResidentialRecreationalDistrict. All areas
of the City
of Bagger, that fall within the area subject to the
provisions of this Article, which should have only
limited, low density development, as defined on the
"Shoreland Zoning Maps" of the City of Danger dated
May 20, 1974, a copy of which is on file in the office
of the City Clerk.
(3) Resource Protection District Those areas of the City
Bangor,�it at a w tlln the area
subject to the
provisions of this Article in which development would
adversely effect water quality, productive habitat,
biotic systems, or scenic and natural values, a
defined on the "Shoreland Zoning Maps" of the City of
Bangor dated May 20, 1974, a copy of which is on file
in the office of the City Clerk.
Sec. 3 Reight Limitations
(1) Airport Gliding Zones. No building permit shall be issued by
the Code Enforcement Officer or approved
by the Planning Board for any building or structure which shall
violate the provisions of the federal Aviation Regulations.
(2) Special Situations. The limitations on height as provided in
this Ordinance shall not apply to the
following ones, provided that such uses do but come within
the Airport Gliding Zone as provided in sub -section (1) above,
and provided that such uses shall not exceed 15 feet i
height in addition to the limitations already permitted in
the varaoas�zones:-
-Soa-
Ch. VIII; Art. a
See. S - See. 4
(1) Church spires, belfries, cupolae and domes,
ants, water towers, silos, transmission
towers,
rrs, chimneys, smokestacks, derricks,
conveyors, flag poles, radio towers, masts
and aerials.
(2) Hulk heads, elevator penthouses, water tants,
provided that such uses permitted by this ab-
ection (2) shall net have en aggregate area
greater than 10.6 of the gross building floor
and further provided that no linear
dimensions of any such structure shall exceed
5% of the corresponding street lot linefrontage.
(3) Any accezecry buildings o es
structur, ac defined
n this Ordinance, to be used for manufacturing
purposes, provided that such structure is required
n the manufacturing process conducted on the
premises and provided further that all such
structures above the limiting heights of the
applicable zone shall not encompass more
e than 25.4
of the areaof the lot, shall set back act less
than 25 feet from every lot line, other than the
street lines, and shell not be less than 1 foot
from the opposite aide of each adjacent structure
for each 2 feet of vertical height.
(3) Special Exceptions. The following met structures shall be
considered special exceptions under this
Ordinance inany zone,and shall not be permitted without
approval by the Planning Hoard. Me Planning Hoard may authorize
special exception for roof structures in excess of 15 feet
above the applicable height limitations otherwise provided in this
Ordinance for any of the following:
television and radio towers, church spires, belfries,
monuments, tanks, water and fine towers, oil derricks
and spires,
and provided that the construction of said structures and
appurtenances thereto stall be in accordance with the Building
Cede of the City of Hangor,em may be emended.
Sec. 4 Yazd Limitations.
(1) Visual Clearance on Corner la ts. On a corner lot in any zone
except the Central Bae iness
Pone, in order to provide adequatevehicu_ar visual clearance,
no building or structure may be erected, and no vegetation
-51-
(3) Filling, Gradin¢ and Dredging, After the effective date
Of this Ordinance, no person
shall fill, grade or dredge any land or nater area as pro-
vided herein without a Permit for such purposes to be
Stented by the Code Enforcement Officer Of the City of
Hanger upon approval of the Planning Heard pursuant to
Article 23. No permit shall be granted for such purposes
unless the following additional requirements are met:
(a) No material of any sort shall be deposited
into or removed from any stream, natural waterway,
drainageway, marsh or wetland in a manner which
alters or damaged the existing topography or natural
r which affects the environmental stability
of such dried; or which impairs themlife forms present
(b) Where specific conditions are present that limit
filling, grading or dredging and would not adversely
affect the environment, a permit y be authorized
providing how tlthemproposed maclunge will not be
detrimental to the ecology and will net create health or
safety hazards.
(4) Ma.1or Streets. After the effective date of this Ordinance, no
churches, funeral homes, motels, offices,
community service organizations o sing homes shall be
located it any Residential a (R -1,R-2, R-3, R-4 and R-5),
except on the following streets: Broadway, Center Street,
Hammond Street, State Street, Stillwater Avenue, Onion Street,
Mount Hope Avenue (between Howard Street and the Hogan Road)
in the City of Bangor.
(5) Planned Unit Development. (Reserved)
(6) Townhouse Subdivisions. (Reserved)
(%) Cluster Subdivisions. (Reserved)
Sec. 3 Height Limitations
(1) Airport Gliding Zones. No building permit shall be issued
by the Code Enforcement Officer o
approved by the Planning Hoard for any building orstructure
shall all violate the provisions of the Federal Aviation
Regulations.
(2) Special Situations. The limitations on height as provided
in this Ordinance stall not apply to
the following uses, provided that such n s do int coe
within the Airport Gliding Zone as provided in sub -section
(1) above, and provided that such uses shall not exceed 15
feet in height inaddition to the limitations already
Permitted in the various zones.
-50-
Ch. VIII; Art. a
Sec. a
other than shade trees may be placed, green or
maintained between the heights of 3 feet and
30 feet above the curb level or its equivalent
within the triangular apace formed by two inter-
secting street lines or their pre;ections and a
line joining points on such street linea located
a minimum of 20 feet from the poirt of intersection
of street lot linea.
(2) Additional Yard Requirements. In addition to the yard
irements specified for
Agricultural and Residential Zones,required setback, side
and rear yards for churches, schools, nursing homes, office
buildings, public, municipal, institutional and recreational
uses shall be increased by ten (1C) feet, in Agricultural
and Reeidential Zones.
(3) Requirements at Zone Boundaries. Where the side lot line of
a lot in a Central Business
(C-4), Commercial Service (C-3), commercial Development (C-2),
Neighborhood Commercial (C-1) or General Industry (1-3) Zone
abuts a lot in any Residential or Agricultural Zone, minimum
yards are required as follows:
(a) setback: 20 feet
(b) side yard, 20 feet (applies only to the side _
abutting the Residential or Agricultural Zone)
(4) Front Yard on Planned Streets. Af ger the street line of a
planned future street is placed
on the Official Map of the City of Bangor, buildings thereafter
constructed shall be set back from such line as though it were
fisting street line, i accordance with the front yard
an
of the applicable none.
(5) Side Yard Width. wherever a aide yard is adjacent to a street,
the regulations for front yard setback shall
apply to the side yard.
(6) Yard Space for Group Buildings. Wtere a parcel of land is to
be codified by more sten one
building, other than anssory tuilding, each principal
building shall be treatedas on separate lot, unless
the Planning Hoard, after site plan review, authorizes a -
distribution of required yard space in harmony with the intent
and purpose of this Ordinance.
-52-
Ch. VIII; Art, 21
Sec. 5
Sec. 5 Parkinx
(1) General Requirements.
(a) In a residential zone
of parking spaces
shall be limited ton non-commercial vehicles,
to wit: one vehicle of 3/4 ten capacity or
leas per dwelling unit when primarily intended
for personal or limited business use.
(b) commercial vehicles inexcess
of 3/4 ton may
not be parked or storedinrsidential zone
except for periods up to four hours.
(2) Off-street Parking Requirements. A m number of off-street
parking spaces shall be provided
and maintained by the owner of every building or percperty hereafter
acted, altered or changed in u , in accordance with the
fallowing requirements:
(a) governmental subsidized low income housing
for elderly: S space per dwelling unit
(b) other governmental subsidized low income
housing: 1 space per dwelling unit
(c) all other dwellings: 11h spaces per
dwelling unit
(d) boarding house, rooming house, tourist home:
e apace per guest room
(e) hotel or motel: one space per guest room
(f) hospital, sanitarium, nursing home: one space
for every four patient beds
(g) place of assembly, such as restaurant, tavern,
entertainment or recreation facility, private
club, solemnity center, or church, for which
eating capacity can be determined: one space
for every four seats and every 18 linear feet
of bench space. Such places of assembly for which
eating capacity cannot be determined: one space
for every 200 square feet of gross floor area.
(h) office building: one space for each 300 square feet
of groes floor area
s
(i) retail or service business: a space for each
300 square feet oof groes floor are
(j) drive-in businessserving food: minimum 15 spaces, other
drive-in businesses: minimum 5 spaces
(k) wholesale, warehouse business, industrial plant:
one apace for each 1Y4 employees per shift, plus
liter and customer parking to meet needs of
specific operations
-53-
Ch. VIII, Art. 21
Sec. 5
(1)enot listed in this schedule: spaces will
be provided on the same basis as required for the
most srmilar listed use above, as may be determined
by the Zoning & Code EnforcementAdministration Officer
(m) combination of above uses: the sum of the requirements
of the various uses
computed separately
(n) addit for to daeabove requirements, an fficient
spaces shall be provided to accomodate parking
requirements of employees anc company vehicles as
W be needed
(o) in the C-4 zone only the Planning Board may grant a
special exception to the above off-street parking
requirements in situations where: (1) business
parking is available to meet such requirements; (2)
private parking i available to meet such requirements
due to differences n time of use: or (3) econoic
Lordship prevents the owner from otherwise meeting the
above off-street parking requirements
(3) Parkine Area Location. The location of off-street parking shall
comply with the Yellowing requirements:
(a) All parking spaces shall be located on the name or
adjacent let with the principal building or use served,
except when such parking spaces cannot be reasonably
provided on the same or adjacent lot, the Planning Board
may authorize parking an another lot within 500 feet
distance of the premises to be served by such parking,
provided that such let is held under the ...e hip
r lease and is located in the s ra less restrictive
zone as the building o use served• o
(b) In any zone, off-street parking apace shall be located
closer to a street line, aide lot line, or rear lot line
than the minimum distance in feet indicated on the Yellowing
schedule:
ZONE
MINIMUM DISTANCE IN FEET MM:
Street
Side
Rear
Line
Lot Line
Lot Line
-------------------------------------------------------------
A, R-1, R-2, R-3, R-4,
R-5 c-1 C-2 c-3:
10
5
5
I-1:
50
20
20
I-2, C&I, P&O:
20
10
10
I-3:
10
10
10
a, c-4: Subject to a Site Plan Approval.
-54-
Ch. VIII; Art. u
sec. 5
(4) Construction and Maintenance. All off-street parking shall be
constructed and maintained i
accordance with the requirements of the Building Code of the
City ofharder. In order to promote the safe and orderly move-
ment of motor vehicles and pedestrians, raised dividers of at least
five feet in width for the use of pedestrians and landscaping shall
be constructed in parking areas having multiple rowsof perking
spaces. In addition, parkings
ar containing 50 or
more
spaces
shall have such landscaping a maybe approved by thePlanning Board
pursuant to site plan review for purposes of reducing any adverse
effects resulting from vast areas of pavement. -
-55-
Cb. VIII; Art. 21
See. 6
Sao. 6 Off -Street loading.
(1) Required loading Spaces.
(a) A minizaa number of off-street loading spaces Abell
be provided And maintained by the owner of any
building hereafter erected, altered or changed is
use, in accordance with the following schedule:
USE GROSS MOOR AREA SPACES
M SQUARE MEET REWIRED
Rotel, Office Building Up to 50,000 1
50.003 or more 2
Retail, Service, Wholesale
warehouse, industrial we Up to 251000 1
25,000 to 50,000 2
50,000 t0 100, 000 3
For each additional
50,000 or fraction
thereof 1 additional.
Apartment building with 10 or more unite 1
(b) Loading spaces provided in eaoees of the minimum
required number, or loading spaces, bertha o
bays otherwise established shell meet the require-
ments of this section.
(2) Size of loading Spaces. Each off-street loading space Abell
comply with the following requfresenta:
G.Q MOOR AREA MINIMUM LEVOTH MINIMUM MINIMUM CLB4RANCB
OF WILDING (so.ft.) OP SPACE WIDTH OF SPACE OF SPACE
Less than 10.00) 25 ft. 10 ft. 30 ft.
10,000 or mere 50 ft. 10 1t. 10 ft.
(3) General Requirements. All off-street loading areas shall
require approval by the Code Enforcement
Officer, and Abell ecmply with the following requirements.
(a) All loading spaces shall be designed so that all
vehicles mind them Abell perk or stand completely
off the street.
(b) Joint we of loading spaces by two or wore
in a Central Business, Commercial Development•A
Industrial Park or Airport zone may be authorized
by the planning Soard upon Site Plan Review.
-56-
Ch. VIII; Art. 21
Sec. 6 - Sec. 7
(c) All off-street loading Spaces shell be an the
ease or adjacent lot which is being served.
(d) Required loading epmm shall in an case be
park of the area used to satisfy the off-
street parting requirements of this Ordinance.
(e) No off-street loading spaces shall be permitted
in a front yard or on the aide of a building
abutting a street, except where included in a
site plan approved by the Planning Board in a
Central Business or Commercial Development gone.
(f) All outdoor loading areae shall be screened in
accordance with Section 7 of this Article.
Sec. 7 Screening. Required screening Shall meet the following standards:
(1) lin. Screening shall be accomplished by the planting of
e hedge or buffer consisting of densely planted
shrubs or trees maintained by the owner or occupant an an
to create an attractive screen at all times: or by the
installation of a sell, barrier, or fence of rood, metal,
stone, MasOurYt orother material, uniformly constructed
and maintained sosa to provide effective visual separation.
All screening required under this Ordira s spell be at least
2 feet in height and Shell not exceed 6 feet in height above
the level of the ground.
(2) location.
(a) All off-street parking areas containing five or
e
parking Spaces and all outdoor off-street loading
neem shall have appropriate screening on each side
adjoining or fronting on may Redential, Civic and
Institutional or Park and Open Space now, or may
public or private street.
(b) Any non-residential vee in a Residential gone shall
have screening along each property line abutting a
residential we.
(c) Any we in a Commercial or Industrial Park gone shell
have screening along each property line abutting a
Residential, Civic and Institutional, or Park and open
Space gone.
(d) Outside storage of seasonal or outdoor materials in
a Residential. Commercial, or Industrial Park gone
Shall be Screened from adjacent property or from
public view In accordance with the following:
-57-
Ch. VIII; Art. a
Sec. 8 - Sec. 10
(1) For materials in piles of a height of 6
feet or Jew, the minimum height of the
screening Shall be 4 feet.
(2) For materials in piles of greater than
6 feet in height, the minimum height
of the screening Small he 6 fact.
Sec. 8 hots Without Public Sever Facilities. Tha minimum lot area require-
ment for any construction
requiring waste diepeeal facilities and Out served by a municipal
never System shell be one acre per dwelling mit, and Shall be
further subject to the requirements of IS M.P.S.A. 04807 at Seq.,
an mended.
See. 9 Idghtimn All lighting intended to illuminate any outdoor area, or
the outside of any building, shall be directed into the
property served by each lighting so that no undesirable illumination
r Slare will be produced on adjacent Streets or lots occupied by
residential, institutional or public was.
Sao. 30 Site Plan Approval.
(1) Applicability. Site plan approval by the Planing Board shall
be required for:
(a) Any change in a non -conforming use
(b) Any special exception
(c) Any church, funeral home, hotel, motel, or off-street
parking lot or structure
(d) Any gasoline service station, car wash or drive-in
business
(e) Any use, including permitted wee, in a C-2, C-3 and
C-4 some
(f) Any we of land, such as a parking lot or automobile
ales for which we a building is ant of primary
importance and which use includes at least 10.000 Square
feet of land on which parking lot will contain 50 or more
emcee
(g) Joint we of loading spaces by two or Sort
were i a
Cental gaminess, Commercial Development, Industrial
Park or Airport Sow
(h) Any we of land to construct an apartment building with
fear or more wits
(i) Any wa of land for a subdivision
(2) Application layair ante. AN application for site plan approval
by the Planning Board shall include
each information as may be required by the Code Enforcement
Off four or the Planning Suard, and Shall also be accompanied by
three (3) copies of a site plan ata scale Sufficient to permit
the Planning Board to study ell elements of the plan. The site
plan shall clearly $how the following:
-58-
Ch. VIII; Art.
Sec. 10
(a) goals
(b) Streets and property lines
(c) Outlines of all buildings, showing :he number of stories,
location of achers and proposed uses
(d) Layout and location of off-street parking and loading
spaces and access drives and vehicu_az maneuvering areas
(e) Inwtion and size of free-standing signs, gasoline pumps
and similar structures
(f) Location, intensity, type, size
and direction of floodlights
or other outdoor illumination
(g) Location and type of screening
(h) Landscaping
(f) Topography of a contour interval adequate to show the effect
upon adjacent property
(j) Indication of whether the above features are existing o
proposed
(k) Adjacent building outlines and other outstanding features
within 200 feet of the site as reasonably required by the
Board
(j) Application Procedure Persons
seeking site plan approval shall
first files application for such
purposes together with all required site plans, with the Code
Enforcement Officer. Me Code Enforcement Officer shall immediately
refer the application together with all site plane to the Chairman
of the Planning Board for consideration by the Hoard, as provided
herein. Before taking any action on the application, the Planning
Board shall held a public hearing. The Board shall notify by
U. S. Mail the owners of all abutting properties and/or o of
property within 100 feet of the exterior boundaries of the property
volved, at least ten (10) days in advance of the hearing, of the
nature of the application, the time and place of the public hearing,
in accordance with the following:
(a) The o of the property shall be considered to be those
against whom taxes are assessed. In lure of any person
caning property within said 100 feet to receive
of Public bearing shall not necessitate another hearing
or invalidate any action by the Planning Board.
(b) iellowing the filing Of an application for a special exception,
the Planning Board shell hold a public hearing on the
application within sixty (60) days. The Planning Board shall
ratify the Code Enforcement Officer, the Planning Director,
the City Council and the Board of Appeals, at least twenty
(20) days in advance, of the time and place of the hearing and
shall publish notice of the hearing at least ten (10) days
in advance in a newspaper of general circulation in the area.
(d) At any hearing, a party may be represented by an agent o
attorney, Hearings shall not be continued to another time
except for good cause.
9
(1) For materials in piles of a height of 6
feet or less, the minimum height of the/
screening shall be 4 feet.
\ (2) For materials in piles of greater than
6 feet in height, the minimum height
of the screening shall be 6 feet.
Sec. 8 Lots Wi hout Public Sewer Facilities. Me miniememi lot area
requirement for arr
nstructi requiring waste disposal facilities and not served
by a sewer system shell be o e per dwelling unit,
and shall be ther subject to the requirements of 12 N.R.S.A.
94809 at seq., a amended.
Sec. 9 Lighting. All lighting intended to illuminate any outdoor area,
r the out4de of any building, shall be directed into
the property served by much lighting so that n undesirable
illumination or glare will be produced on adjacent streets or lots
occupied by residential, institutional or public uses.
Sec. 10 Site Plan Approval.
(1) Applicability. Site plae approval by the Planning Heard shall be
required for:
(a) Any change inon-conforming use
(b) Any special exception
�c) Any funeral home, hotel, motel, or off-street
pazking lot or structure 11
(d) Any gasoline service station, a eh or drive-in hasinesa
(e) Any use, including permitted
uses, a C-2 z
(f) Any re of land, such a a parking to ory ian
sales
for which u a building i pat of primportance and
which use includes at least 10,000 equ feet of land on
which parking lot will be at
5B oreaces
(g) Taint u of loading spaces by two 0 If
Central Business, Commercial Developmentrely ustrfal Perk
r Airport Zone
(h) Any use of land to construct an apartment b 1 'ng with faux
or its
(1) Any muse of land for a eubdivision
(2) Application Requirements. Any application for site plan val
by the Planning Board shall real de
such informations may be required by the Cade Enforcement file
r the Planning Board, and shall alae be accompanied by three E3)
copies of a site plan eta scale sufficient to permit the Platinic
and to study all elements of the plan. The site plan shall
clearly show the following:
-58-
Ch. VIII; Art. 21
Sec. 10
(d) The Code Enforcement Officer: or his designated agent:
shell attend all hearings and may present to the Planning
Board all plans, photographs or other materials he deems
appropriate for an understanding of the application.
(e) The applicant's cue shell be heard first. To maintain
orderly procedures each side shall proceed without
interruption. Questions may be asked through the chair.
All persons at the hearing shall abide by the order of
the chairman.
(f) Within twenty (20) days of the public hearings the Planning
Board shell reach a decision by majority vote an the
requested special exceptions and shall informs in writings
the appllnant, the Code Enforcement Officers the Planning
Director and the City Council of its deciaion.
(g) Upon ratification of the decision of the Planning burl,
the We Enforcement Officers as instructed, shall
immediately issue with any conditions prescribed by the
Boards or deny building permit.
(h) Site plan approval secured under the prrovisions of this
Ordinance by vote of the Planning Board shall expire if
the work or change involved isnot commenced within one
(1) year of the date on which said site plan approval is
granted, and if the work or change is not substantially
Completed within two (2) years of the date on which said
site plan approval is granted.
(4) Site Plan Aonroval Standards. When reviewing any site plan for
approvals the Planning Board shall
consider the following features, and before granting approval,
shall determine that the proposed site plan is adequate and
suitable to promote the intent and purposes of this Ordinance:
(a) location and arrangement of off—street parking
and loading areas and their appurtenant drives
and manewering areas
(b) location of access datives to the let from the
street, including in the case of corner late,
the possible limitation of access from one
street only
c Drainage channels
d Location of areas of outdoor display and storage
Location, intensity, type, size and direction of
outdoor ligbting
f Careering
g Landscaping of unpaved areae or other treatment
of the site
(i) affec tan of a building insofar asit1±Fecxly
Effect
f nhe features lis to
(j) OPPeot wv�4Y� n total ty it the area,
esthetics, hvsloric sites oare and irreplaceable
statural areas
\ /
(k) Whenever situated, in le or in part, within 250
feet of any portl, 1/eh8, ride;, stream or tidal waters,
will not adve 1 affect the Vclity of such body
of water or asteasonably affect the shoreline m such
body of wstef
-61-
eh. VIII; Art. 21
Sec. 10
(i) hecntion of a building insofar as it directly
affects any of the features listed above
(j) Effect on the scenic or natural beauty of the az
esthetics, historic cites or rare and irreplaceable
natural areas
(k) whenever situated, in whole or in part, within 250
feet of any pond, lake, rr, stream or tidal waters,
will not adversely affect the quality of such body
of water or
unreasonably affect the shoreline of such
belly of water.
-61-
(d) The Code Enforcement Officer, or hia designated ms t, shall
attend all hearings and mey Present to the Plam Hoard
all plana, photographs or other materials he d appropriate
for an understanding of the application.
(e) The applicant's case shall be heard Pirst To maintain
orderly procedure, each site shall proceed without interruption.
Questions may be asked through the cha 2r. All persons at the
hearing shall abide by the order of the chairman.
(f) within twenty (p) days of the public hearing, the Planning
Hoard shall reach a decision on the regneeted special
exception, and shall inform, i writing, the applicant, the
Code Enforcement Officer, the Planning Director and the City
Council of its decision.
(g) Upon notification of the 'decision of the Planning Hoard, the
Code Enforcement Officer', as instructed, phall immediately
issue with any conditions prescribed by the (bard, or deny
abuilding permit.
(h) Site plan approvals red under the provisions of this
Ordinance by v tE of the Planning Could shall expire if
the work o involved is not commended within one (1)
year of the da4e on which said site plan approval is granted,
and if thek or change i not substantially completed
within two 2 s
) years of the date on which said site plan
approval is granted.
(4) Site Plan Approval Standards. Hhenewing any site plan for
approval, the Planning Hoard shall
consider the following features, and before granting approval,
shall determine that the proposed site plan is adequate and suitable
to promote the intent and purpose of this Ordinance.
(a) ;Location and arrangement of off-street parking
and loading areasand their appurtenant drives
and maneuvering az
(b) location of as drives to the lot from the
street, including in the case of corner lots,
the possible limitation of access from one
street only
(C) Drainage channels
(d) Location of areas of outdoor display end storage
(e) location,intensity, type, size and direction of
outdoorlighting
(f) location of accessory structures
(g) Screening
(h) Landscaping of unpaved areae or other treatment
of the site
-6c-
Ch. VIII; Art 22
Sec. 1 - Sec. 3
�n�i 444
AIIlICEB 22 - SPSCIAI. BBCBPTIOBS
See. 1 Special Exceptions. The Planning Beard is hereby authorized and
directed to hear and decide upon applications
for Special exceptions in accordance with the requirements of this
Ordinance and the laws of the State of Maine. No Special exception
shall be grunted unless Specific provision therefor is made in this
Ordinance. All special exceptions shall be subject to site plan
approval as provided in Article 21.
Sec. 2 Special Exception Standards. In passing on soy, application for
a special exception. the Planning
Board Shall grant said application subject to the following:
(a) The requirements of the soon in which the
property in question is located.
(b) The applicable requirements of Article 21
of this fracases.
(c) The applicable requirements of Site Plea
Approval.
Sec. 3 Proceedings; All proceedings for a special exception shell be
conducted in conjunction with and in accordance
with the procedures for obtaining site plan approval under Article
21 of this Ordinance.
-62-
Ch. VIII; Art. 23
See. 1 - sec. S
CHAICPER VIII
ARTICLE 23 - ADMINISTRATION AND ENTORCEMBNT
Sec. 1 Administration and Enforcement. The administration and enforcement
of this Ordinance shall be the
responsibility of the Zoning and Code Enforcement Administration
Officer, hereinafter referred to as the "Code Enforcement Officer."
Sec. 2 Enforcement Officer. It shall be the duty of the Cede Enforcement
officer to enforce the provisions of this
Ordinance. If the Code Enforcement Officer shall find that any pro-
vision
of thin Ordinance is being violated, he shall notify in writing
the person responsible for such violation, indicating the nature of the
violation and ordering the action nsary to correct it. He shall
order discontinuance of illegal u of -land, buildings or structures,
removal Of illegal buildings, structures, additions, or work being done,
or shall take any Other action authorized by this Ordinance to insure
compliance with or to prevent violation of its provisions.
Sec. 3 Building Permit Required. No building or structure stall beerected,
added to, orstructurally altered until a
permit therefor has been issued by the Code Enforcement Officer. All
applications for such permits shall be in accordance with the require-
ments of this Ordinance.
(1) All applications for building permits shall be submitted in
writing to the Cede Enforcement Officer on forms provided for
that purpose.
(2) Within ten (30) days Of the filing of am application for a Wilding
permit, the Code Enforcement Officer shall approve, deny or
refer
to the Planning Hoard for approval, all such applications.His
decision shall be in writing on a form designed for such purposes,
and shall be communicated directly to the applicant. In cases
where it i concluded that a special exception i required, the
Code Enforcement Officer shall also provide a copy of his decision
to the Planning Heard.
(3) He building permit for a building or structure anany lot shall
bei ued except to the o of record thereof, or his authorized
agent, until the proposed aconstruction or alteration of a building
or structure sba11 comply in all respects with the provisions of
this Ordinance or with a decision rendered thereunder by the Heard
of Appeals or the Planning Heard. Any application for such a permit
Abell be accompanied by a plan, accurately drawn to scale, showing
the actual shape and dimensions ofthe lot to be built upon, the
exact location and size of all buildings orstructures already on
e
the lot, end the location of new buildings to be constructed,
together with the linea within which all buildings and structures
e to be c,nstructed, the existing and intended ss of each
building o structure and such other information as may be deemed
necessary to provide for the parlor execution and enforcement of
this Ordinance.
-63-
Ch. VIII; Art. 23
Sec. 3 - Sec. 6
(4) Applications for Wilding permits with their accompanying
plans and copies of permits issued shall be maintained as
a permanent record by the CodeEnforcement Officer.
Sec. 3A Certificates of Occupancy. No land shall be occupied or used and to
building hereafter erected, altered or
e
extended Abell be used or changed in until a certificate of
occupancy shall have been leaned by the Code Enforcement Officer,
stating that the Wilding or the proposed use thereof complies with
the provisions of this Ordinance.
(1) No non -conforming use shall be maintained, r wed, changed
or extended without a certificate of n cupancy having first
been issued by the Code Enforcement Officer pursuant to the
provisions of this Ordinance.
(2) All certificates of occupancy shall be applied for coincident
with the application for a building permit. Such certificate
shall be issued within ten (10) days by the Code Enforcement
Officer, provided that he determines that the erection o
alteration has been constructed incordance with this Ordinance,
and the Building Code of the City ofae>lvor.
(3) The Code Enforcement Officer shall maintain a record of all
certificates of occupancy and copiesshall be furnished, upon
request, to any person having a proprietary or tenancy interest
in the Wilding affected.
Sec. 4 Fees. No fees shall be charged except as are required under the
Building Code of the City of Reagan.
Sec. 5 legal Action and Violations. Men any violation of any provision
of this Ordinance shall be found to
exist, the City Solicitor, upon notice from the Code Enforcement
Officer, is hereby authorized and directed to institute any and
all actions and proceedings, either in law of in equity, that may
be appropriate or necessary to obtain compliance with the provisions
of this Ordinance inthe tame of the City of header.
Sec. 6 Penalties. In an bumming action at law, any Person, firm, or
corporation being the aof or having control
weor
e
of any building or promisee which is adjudged to be in
of any of the provisions of this Ordinance, shall be guilty of a
misdemeanor and on conviction shall be fined not less than $10.00
nor e than $100.M. Each day such a violation is permitted to
exist after notification shall constitute a separate offense.
-64-
Cb. VIIl; Art. 24
Sec 1
CHAPTER VIII
ARTICLE 24 — APPEALS
Sec. 1 Board of Appeals Established In accordance with 30 M.R.S.A. $14411,
4963 and acts amendatory thereto, a
Board of Appeals is hereby established in the City of Sensor. The
word "Beach" when used in this Section shall be construed to mean the
Board of Appeals.
(1) Appointment and Composition.
(a) The Board of Appeals shall be appointed by the City Council
and shall Consist of five (5) members, all of shown shall be
legal residents of the City of Sanger, serving staggered
terms of five years, or until their successors Are, duly
Appointed and qualified. Initial appointment shall be for
one, two, three, four and five years respectively. In
addition, there shall be two (2) associate members aPPQ�anted
by the City Council for tenon OP two (2) and three (3) years
respectively, orc
until their successors are duly appointed
mal qualified. ine Chairman of the Board of Appeals shall
designate which shall serve in the stead of an absent member.
The Board shall annually elect a chairman Mai secretary from
the membership. The secretary shall keep the minutes of the
proceedings of the Board of Appeals, which shall show the vote
of each member upon each question. All minutes of the Board
um
shall be a public record. A quorshallconsist of four (4)
members.
(b) Neither a mundicipal officer nor his sponse may serve as a
member of the Board of Appeals.
(c) Any question of whether a particular issue
involves a conflict
of interest sufficient to disqualify amember from voting
thereon, shall be decided by a majority of the members there
present, except the member who 1s being challenged.
(d) A regular member or associate member of the Board may be
dismissed for cause by the City despoil before the expiration
of his tens.
(2) Powers and Duties.
(a) AdnuKstrative Appeals. To hear and decide where it is alleged
there is an error in why, order, require—
ment, decision or determination made by the Code Enforcement
Officer in the enforcement of this Ordinance. The action of
the Code Enforcement Officer may be modified or reversed by the
Board of Appeals, by concurring vote of at least Poor (4)
members of the Board.
(b) Variance Appeals. To hear and decide, upon appeal,
/
n specific cases where a
relaxation of the terms of this Ordinance would not
be contrary to the public interests and where, owing
to conditions peculiar to the property and not the
result of the actions of the applicant, a literal
enforcement of this Ordinance would result in an -
secondary hardship. A financial hardship shall not
nstitute grounds for granting aeBefore
ma its discretion and grant e
the Board y exercise
varianceupon the grounds of unnecessary hardship,
therecord must show that (1) the land in question
noyield flrasonable return if used for a
purpose allowed in that zone; (2) that the plight
of the owner is due to unique circumstances and not
to the general conditions in the neighborhood which
may reflect the unreasonableness of the zoning
Ordinance itself; and (3) that the use to be author-
ized by the variance will act alter the essential
character of the locality. The Board of Appeals shall
only by concurring vote of at least
grant aiance n
fear members and in so doing,may prescribe conditions
and aafeguards as areappropriate for carrying out the
intent and purposes of this Ordinance.
Sec. 2 Appeal procedure. Persons appealing the decision of the Code Enforce-
ment Officer er-Na-p3evniag-9eerd shall first file
a form for such purposes with the Code Enforcement Officer. Such appeal
moat be commenced within thirty (30) days after the decision to be
appealed. All forms for appeals shall specifically set forth the ground
basis fav the appeal.
(a) The Code Enforcement Officer Abell immediately refer the appeal
together with all materials relative thereto to the Chairman of
the Board of Appeals for consideration by the hoard, as provided
herein. Before taking any action on the appeal, the Board of
Appeals shall hold a public hearing. The Board shall notify by
U. S. Nail, the owners of all abutting property and/or owners
of
properties within 100 feet of the exterior boundaries of the
property involved, at least ten (lo) days in ad vd of the hearing,
the nature of the appeal, the time and place of t public hearing,
ss accordance with the following:
(1) Me owners of the property shall be considered to e those
a
against whom taxes are assessed. Failure of any p �n
Hing property within said 100 feet to receive notfpf
said public hearing shee
ll not necessitate another h A'ng
or invalidate any action by the Be of Appeals.
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Ch. VIII; Art. 24
Sec. 2
(b) Variance Atomic To hear and decide, upon appeal,
n specific cases where a relax-
ation of the terms of this Ordinance would act be
contrary to the public interests and where, owing
to conditions peculiar to the property and act the
result of the actions of the applicant, a literal
enforcement of thin Ordinance would result in us
weary hardship. A financial hardship shall not
constitute grounds for granting a variance. Before
the Board may exercise its descretion and grant a
exclusion upon the grounds of unnecessary hardship,
the record moat show that (1) the lana in question
cannot yield a reasonable return if used for a
purpose allowed in that zone; (2) that the plight
of the owner is dee to unique circumstances and not
to the general conditions in the neighborhood which
my reflect the unreasonableness of the coving
ordinance itself; and (3) that the use to be author -
zed by the variance will rot alter the essential
character of the locality. The Board of Appeals shell
grant a variance only by concurring vote of at least
four members and in so doing, may prescribe conditions
and safeguards as re appropriate for carrying out the
intent and purposes of this Ordinance.
Sec. 2 Appeal procedure. Persons appealing the decision of the Code Enforce-
ment Officer shall first file a form for such
purposes with the Code Enforcement Office_. Such appeal moat be
commenced within thirty (30) days after the decision to be appealed.
All forme for appeals shall specifically set forth the ground basis
for the appeal.
(a) The Code Enforcement Officer shell immediately refer the appeal
together with all materials relative thereto to the Chairmen of
the Board of Appeals for consideration by the Hoard, m provided
herein. Before taking ay action on the appeal, the Board of
Appeals shall hold a public hearing. The Board shall notify by
B. S. Mail, the owners of all abutting property and/or owners e1
properties within 100 feet of the exterior boundaries of the
property involved, at least ten (30) days in advance of the
hearing, the nature of the appeal, the time and place of the
public hearing, in accordance with the following:
(1) The owners of the property shell be considered to be these
against whom bases are assumed. failure of my person
owning property within mid 100 feet to receive notice of
said public hearing shall net necessitate another hearing
or invalidate any action by the Board of Appeals.
M
Ch. VIII; Art. 24
Sec. 2 - Sec. 9
(2) Following the filing of the appeal, the Hoard of Appeals
shell held a public hearing on the appeal within sixty
(60) days. The Board shall notify the Cede Enforcement
Officer, Planning Director, City Council and the Planning
Board, at least twenty (20) days i advance, of the time
and place of the hearing and shall publish notice of the
hearing at least ten (10) days in advance in a newspaper
of general circulation in the area.
(3) At any hearing, a party may be represented by. an agent or
tiattorney. A hearing shell not be continued to another
me except for good cause.
(4) The Cede Enforcement Officer, or his designated agent,
shall attend all hearings and shell present to the Board
of Appeals all plans, photographs or other materials he
deems appropriate for an understanding of the appeal.
(5J The appellant's case shell be heard first. To maintain
orderly procedure, each aide shall proceed without
interruption. Questions may be asked through the chair.
All persons at the hearing shall abide by the order of the
Chairman.
(6) Within twenty (20) days of the public hearing, the Board
of Appeals shall reach a decision on the requested appeal,
and shall inform, in writing, the appellant, the Code
Enforcement Officer, the Planning Director and the City
Council of its decision.
(9) Upon notification of the decision of the Board of Appeals,
the Code Enforcement Officer shall take all necessary
action as instructed by paid Board.
Sec. 3 Farther Appeals. Further appeals may be taken from any action of the
Planning Hard or the Board of Appeals, within thirty
(30) days after the decision is rendered, by any party, including the
Bangor City Council, to the Superior Court from any older, relief o
denial in accordance with Dole 80B, guile Rules of Civil Procedures
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