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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ordairwd by the Clty CoanaR ofthe CtyafBaA .aeho s: THAT Chapter VIII of the Ordinances of the City of Bangor is hereby repealed and the following Articles and provieiond exacted in place 01 thereof: CEAPIER VIII ZGNING ORDINANCE (TITLE) This Ordinance shall be known and cited as tae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ordairwd by the Clty CoanaR ofthe CtyafBaA .aeho s: THAT Chapter VIII of the Ordinances of the City of Bangor is hereby repealed and the following Articles and provieiond exacted in place 01 thereof: CEAPIER VIII ZGNING ORDINANCE (TITLE) This Ordinance shall be known and cited as tae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. -66- 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 -67-