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HomeMy WebLinkAbout1974-05-13 160 AB ORDER160 AB Introduced by Councilor Bvowtaa, May 13, 1974 Pyla CITY OF BANGOR (TITLE.) (Orkr7 Apprpy, tb Proposed -Contract for_ S le of Land inthe,; K nduske g,St m Urba Rene,,,a l_, Pro] ct - 2,arcel B 3„,,,„,,,,,,,,,, By t” Citi council of✓u City Of BMW: ORDERED, THAT, WHEREAS, the Urban Renewal Authority of the City of Bangor proposes to enter into a contract for the sale of parcel numbered OB -3 It- the Renduskeag Stream Urban Renewal Project with Fransway Realty Company 1” , and WHEREAS, the said Fransway Realty company has offered to pay the am of Forty -Two Thousand and 00/100 Dollars ($42,000.00) for said parcel, sap price being the minimum approvec price established for said parcel by the Urban Renewal Authority and approved by the Department of Housing and Urban Development; and WHEREAS, under the provisions of /Chepter 168 of the Private and Special Laws of Maine, 1957, as amep�/¢, d, City Council approval of all contracts for the sale of land Githin the project area is required; and WHEREAS, the Urban Renewal Authority has filed a copy of the proposed contract with Fransway Realty Company in the office of the City Clerk; MOW, THEREFORE, HE IT ORDERED THAT. the proposed contract on file with the City Clerk be and is hereby approved. May 13, 1974 wo AN ORDER Title, AQpr. exoeos� Conti. fox Sale, 0A Land in Pend. Stx. V.R. Project - Parcel G 3 lntroduced and filed by _.."..� Councilman RECEIVED im Mer -9 FM 4' 22 CITY CLERK'S OFFICE CI*v nF RANI,,)p MANE CHARTER VIII ARTICLE 1 - INTENT AND PURPOSE This Ordinance is adapted in anordance with the Charter of the City of Bangor and provisions of Titles6, L2 and 30 of the 1964 Maine Revised Statutes, as amended, for the following purposes, (L) to promote the public health, safety, convenience, comfort, aesthetica, prosperity and general welfare of the inhabitants of the City of Bangor; (2) to protect the character and maintain the stability of the several herein described z that comprise the City of Bangor, and to promote the orderly and beneficial development of such Scene by regulating and restricting the location andintensity of We of buildings, structures and land pursuant to and consistent with the Comprehensive Plan for the City ofSangov; (3)to cand enhance the taxable value of land and Buildings by protecting the a ral herein described z comprising the City of Bangor from harmfuL encroachments by incompatible os and by providing for the elimination of those n of land, buildings andstructures which adversely affect the Character, development and value of property; (4) to avoid undue concentration of popuiarim, prevent the overcrowding of land, and lessen congestion in the public streets; (s) to provide adequate light, air, privacy, and convenience of access to property; (6) to facilitate needs for adequate transportation, water, sewerage, schools, parks, and other public requirements; (7) to encourage safety from five, explosion, noxious fears,Band other such hazards, and to segregatand control nuisance -producing uses; (8) to prevent and control water pollution, protect Spawning grounds, fish, aquatic life, bird and other wildlife habitat, and conserve shore cover,visual as well a actual points ofacce , toinlandwaters and natural beauty; (9) to establish zones of such number, area, and designation as are 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 p-ovided hereinafter. CHAPTER VIII ARTICLB 2 - GENERAL PROVISIONS Sec. 1 Title. This Ordinance shall be known and cited as the 'City of Bangor Zoning Ordinance", and will be referred to herein as this "Ordinance." See. 2 Comprehensive Pian The Comprehensive Plar of the City of Bangor, dated1969, adopted by the Planning Board on May 4, 1970, and adopted by the Council on January 25, 1974, is and shall be the Comprehensive Plan for the purposes of this Ordinance and fax all purposes as my be required by law. Sec. 3 Repeal. Chapter VIII of the Laws and Ordinances of the City of Bangor of December 2, 1940, as mended, formerly existing, is hereby repealed except that it shall retain in full force and effect for the trial and punfahment of all past violations of it and for the recovery of penalties and forfeitures already incurred. This Ordinanceshall not interfere with, abrogate, annul or repeal any Ordinanceother than Chapter VIII of the Laws and Ordinances Of the City of Bangor, as amended, former Lv existing, or any rule, regulation or permit previously or hereafter enacted, adopted, or issued pursuant to law. See. 4 Scope. The provisions of this Ordinance shall not be construed to repeal, abrogate, annul or in any Ba impair interfere with the provisions of other Laws or ordinances except those specifically repealed by this Ordinance,or to impair the provisions e of private restrictions placed upon property by covenant, deed o other private agreement, orwith restrictive covenants running with the land to which [ie City is a party. "are this Ordinance imposes a greater restriction upon land, buildings or structures than is imposed or required by any such precision of Law, Ordinance,contract or deed, the provisions of this Ordinance shall prevail Sec. 5 Basic Requirements. No building, structure, land orwater area n the City of Bangor shall be need for any purpose r in any mfl except as pernit red in thea a in which such building, structure,lland , or water area is located. Sec. 6 Non-Cesforming Uses. The lawful use of any building, structure, land o water area fisting at thetime of the apartment of this Ordinance are e hereby permitted and may be continued, although such use does not conform with the provisions of this Ordinance, provided the following conditions are met. (1) Unsafe Str. Nothing in this Ordinance shall prevent the strengthening or restoringto safe condition of any portion of a building or structure declared unsafe or dangerous by the City Council or other property authority. (2) Chashes. Nonon-conforming building, structure ov use may be changed to another non -conforming (3) Restoration. Nothing in this Ordinance shall prevent the reconstruction, repairing, rebuilding and continued u of any permitted n - onformiug building o structure necessitated by w and tear of damaged by fire,Ccollapse, explosion o Acts of God, subsequent to the effective date of this Ordinance. (4) Abend unrest_ In the event any non -conforming use conducted in a building or structure or on any land o water a ceases, for any reason whatsoever, for a periodone o e (1) year, such non -conforming use may not be renewed. (5) Unlawful Use Not Authorized. Nothing In this Ordinance shall be interpreted as authorization for or approval of the continuance of the use of structure or premises in violation of caning requirements in effect as of the effective date of this Ordinance. Sec. ] Severability. If any ss ctlon subsection, sentence, clause, phrase or otherportion of this ordinance is far any reason held invalid o nstitutional by any court of competent jurisdiction, such portion sha1L be deemed a separate, distinct and independent provision and such determination shall not affect the validity of the rema ming portions hereof. Sec. 8 Amendment. This Ordinance may be amended in accordance with the Laws of the State of Maine, the Charter and Ordinances of the City of Bangor and in accordance with the following requirements and procedures; (1) An amendment to this Ordinance shall be initiated by the completion and filing of a form for such purposes with the Planning Department, City Hall, Bangor, Maine. (2) Upon receipt of such form, the Planning Director shall take all necessary action to place the request on the agenda of the ext regular meeting of the City Council, allowing a minimi of two (20) days for preparation of all necessary documents prior to the closingofCouncil agenda. (3) The Council shall - without action - refer the proposed amendment to the Planning Board farreview and recommendations in accordance with this Ordinance (4) The Planning Board shall hold a public hearing within thirty (30) days of such referral by the Council. Said thirty (30) day period may be extended by a majority vote of the members of the Planning Board. Prior to said public hearing and in accord- ance with ord- with the requirements of this Ordinance add the laws of the State of Maine, the Planning Board shall give proper notice of said hearing. Said notice shall include, but not be limited to, the following information: (a) date, time add place of said hearing (b) an abstract of the proposed amendment Said notice Shall be published, a the petitioner's e expen ,in a daily newspaper of genital circulation in the City of Bence and shall be sent by registered mail to all persons initiating the proposed amendment, and t all per owning property within 500feet of the exterior boundars of the real notice to be affected by said proposed change. (5) The Planning Board shall cake its recommendations to the Council, in writing, within thirty (30) days of said public hearing. Failure of the Board to issue its recommendations within Said thirty (30) day period eha1L c onstitute Board approval of the proposed amendment. (6) After receipt of the Planning Board's recommendations, as provided above, the City Council shall consider and take all appropriate action on said proposed mendment i accordance with the requi ements of the BangorCitycharter, the council's Rules of Procedure adopted pursuant thereto, and the Laws of the State of Maine. CHAPTER VIII ARTICLE 3 - CONSTRUCTION OF IANGWGB AND DEFINITIONS Sec. 1 Construction of Language. In this Ordinance, certain t or words shall be interpreted am follows: The word "person" includes afire, association, organization, partnership, trust, company or corporation a well a individual; the present tenseincludes the future tense, the singular number includes the plural, and the plural Includes the singular; the word "aha W' is mandatory, and the word 'nay" to petmiae Lve; the wordssed" or cupied" Include the wards "Intended", "designed",, o ranged to be used o occupied", the word "building" includes the word "structure", nd the word "dwelling" includes the wardsidee", the word "Lot" includes the words "plot" o "Forest".a roIli the case of any differ of me ing o interpretation between the text t of this OrdlataMe and any ago or illustration, the text shall control. Terms not defined shall have the customary, dictionary meaning. Sec. 2 Definitions. For the purposes of interprewg this Ordinance, the following term, phrases, words and their derivatives shall have the meaning givens herein. Access Drive A private roadway p[i rily Intended to transport vehicles Exon a publicor private way to a point within private property. Accessory Use or Structure: A u n the a ess use or "uncture o and lot with, and of a nature structure. incidental and subordinate to, the principal use or e[xuc[ure. Addition: An extension or increase in floor area or height of a building or structure. Agriculture: The use of land for soil til Lage, for the production of crops, dairying, pasturage, apiculture, horticulture, Horti- culture, raising of fur bearing antonle, and anrmel and poultry husbandry and accessory uses. Airport: Bangor International Airport. Alteration: A change or rearrangement in the structural parte or n the mans of egress;enlargement, whether by extending on aide or by increasing in height; or the moving fron one location or portion to another. Animal Clinic: A facility for diagnosis and treatment of animal outpatients. No boarding or hospitalization overnight shall be allowed, except in the case of emergency situations. Animal Hospital: A facility for diagnosis and treatment of animal out and in patients. Animals may be kepton the premises for the purpose of treatment. Apartment Building: A structure containing more than two dwelling wits. Automobile Graveyard: A yard, field or other area used as a place of storage for 3 or more unserviceable, discarded, worn out or junked motor vehicles Automotive Use Any w of a building or and for the sale, ental, service, repairs or storage of motor vehicles or parts thereof. Aviation Use: Any use of a building or land for the sale, ental,repair, r storage of aircraft, or for the take -offs and landing of aircraft, or for control and safety facilities [elated thereto, or for providing goods or services for the primary use of aircraft passengers and personnel. Boarding House or Home: A building arranged or used for lodging, with or without meals, for compensation, more than five (5) and not more than twenty (20) individuals. Building A structure enclosed within exterior walls or fire walls, built, erected 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 of the highest roof beams of a flat roof, of to the mean level of the highest gable or elope of a hip roof. When a building faces on more thanstreet, the height shall be measured from the average of the grades at the center of each street front. Building, Principal: A building in which is conducted the main or principal use of the lot on which the building is located. Cat Wash: A building or portion thereof, containing facilities for washing automobiles using production -line methods with a chain conveyor, blower, team -cleaning device, or other mechanical devices, or providing space, water, equipment or sump for the complete or partial handwashing of automobiles, whether by operator or cult met. Church: A building, together with its accessary buildings and uses, where persona regularly assemble for religious worship, and which building, together with its accessory buildings and ua maintained and controlledbya religious body organized to sustain public worship. Clinic Medical or Dental: An establishment where patients who are bot lodged overnight are x admitted for examination c and treatment by a physician or dentist or by agroup of physicians or dentists. Club or Lodge private: Buildings and facilities owned and operated by a corporation or association of persons for social or recreational purposes. Community Service Organization: A non-profit charitable institution, not to include social clubs, the primary function of which is serving the public health or social welfare of the community. Corner Lot A lot at the intersection of two or more inter - $acting public or private ways. Curb Level: The elevation of the street curb, or the street grade where there is no curb, as established by the City Engineer. Driye�in Business: One which provides a interior seating o interior seating with me or more of the following: a. service window or carry out counter b. C. majorityof[saleable items in carry out farm d. outdoorservice facilities 8nth a exterior waste receptacles and/or tables Melling: A building, or portion thereof used exclusively for residential occupancy, but nor including a mobile home, camper, hotel, motel, lodging house, boarding house, tourist home, dormitory, fraternity house, sorority house or other group quartets. Wailing, attached single family: An independent dwelling unit wii.ected to and sharing s wall or portion thereof, th another such unit, each unit having the required street frontage. Dwelling, detached: One which is entirely surrounded by open apace. Dwelling. Fou[ -Family: A detached residential building containing four dwelling units designed for and occupied by not more than four families living independently of each other. Dwelling. Nalciple: A residential building designed for o occupied by five or more families living independently of each other, with the number of families i residence not exceeding the number of dwelling units pr widetl a Welling Erie -Family: A detached residential dwelling unit designed for and occupied by one family unit only. Dwelling, Three -Family: A detached [esidential building containing three dwelling units designed for andoccupied by not more than three families living independently of each other. Dwelling. Two -Family: A detached residential building containing o dwelling units designed for andoccupied by not more than two families Living Independently of each other. Welling Unit: Ereor e arranged, designed and occupied s living quarters for one family only, and containing sleeping, poking 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 in any field of know edge of learning is prw Load as a public service or for a fee. Efficiency Unit: A dwelling unit consisting of one principal room exclusive of bathroom, kitchen, hallway, sets, or dining slow directly off the principal room, providing such dining alcove does not exceed 135 square feet in area. Establishment A place of business carrying on operations which e physically separate and distinct from =hose of any other place located on the same lot. Family: Me or more persons Living together in a dwelling unit as a single housekeeping unit. Peed lo[ Commercial: A place where large numbers of beef cattle or hogs are fattened and kept for a relatively short period of ties prior to being shipped to a slaughter house. Floor Area: (for determining floor a ratio) is the e of the gross horizontal a of the several flan of the building measuredzfrom the exterior faof the exterior walla or fromthecenter Line of walla separating two buildings. The "floor a of a building shall include basement floor area, elevator strafes and stairwells at each floor, floor space used for mechanical equipment (except equipmeat, open or enclosed, located on the roof), penthouses attic apace having headroom of seven feet 10 Inches or cars,interior balconies and me floorr enclosed porches, and floor a devoted to accessory uses. However, any space devoted tooff-streetparking or loading shall not be included is "floor area. The "floor a of structures devoted to bulk storage of materials including, but not Limited to, grain elevators and petroleum storage tanks, shall be determined on the basis of height in feet; ten feet in height shall equal one floor but fractions of ten feet shall not be taunted. Floor Area Ratio: The floor area of a bui"ding o 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 and which may or may not include facilities for repair, lubricating, washing o mine- servicing of motor vehicles not including automotive sales, storage of vehicles not in operating condition, major mechanical or body wank such as motor repair adjustment involving removal of the head o crankcase, straightening of body parts, painting or welding. A gasoline service station is not a repair snop. Grade: As established by the City Engineer, or the mean elevatioa of the ground adjoining a building on all sides, o such ground brought to elevations show on approved plans or designs. Ground Floor Area: The square foot a of a building within its largest outside dimensions, exclusive of open porches, breeze- ways, terraces, garages, exterior sbai[waym, and secondary stafeaays Gross Floor Are The total floor area of a structure with no exclusions for usable space such as closets, hallways, staircases, etc. Height Building: gee Building Height. Home Occupation: Aneory use generally of a service character customarily conducted within dwelling by the residents thereof, which is clearly secondary to the use of the dwelling for livingpurposes and does not chaagethe character thereof, or have any exterior evidence of such secondary use other than a nameplate, and _nction therewith, there is not involved the keeping of any stock in trade. Rotel A building arranged or used for sheltering, sleeping, or feeding for compensation, of more than twenty (30) individuals. InstitutrA building o omplex of buildings occupied and used by a public Or private non-profit organization o association promoting a particular objective or performing aparticular service, of a non commercial nature. Junes A yard, field or other area use3 as a place of storage for: a. discarded, worn out or junked plumbing, beating supplies, household appliances and furniture L. discarded, acrap and junked lumber c. old or rapcopper, brass, rope, rags, batteries, paper trash, rubber debris, waste and all scrap steel and other scrap ferrous or non-ferrous material; and d. garbage dumps, waste dumps and sanitary fills Kennel: An ¢stab Llehment for the keeping, breeding or boarding of more than three (3) dogs which are more than 6 months old. Landing Area Any locality, either of land or water, including airports and intermediate fields, which is used or intended to be need, for the landing and take -off of aircraft, raft, whether o not facilities are provided for the shelter, servicing or repair of aircraft or for receiving or discharging passengers or cargo. Lot: A Lot is a parcel of land Of at least sufficient size to set the minimum zoning requirements for use, rage, and area, and to provide such yards and otter open space as are 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 Lo[ of record c. a combinatLou of complete lobs of record and portions of lots of records, or of portions of lots of record d. a parcel of land described by metes and bounds provided that incase of division o combination shall any residue lot or parcel be created which does not meet the requirements of this Ordinance. Lot Area: The total area included within the property linea bounding a lot, generally the length of a lot multiplied by the width of the lot. Lot Coverage: The "ximum combined ground floor area of all principal and accessory buildings a lob, divided by the area of such lot e the result expressed as a percentile. Lot�ce Depth: Then horizontal distance between the front and rear lot lines, measured within the lot boundaries. Lot Line: A line dividing one lot fret another, or from a street or any public place. Lot of Record: A lot which is part of a subdivision recorded in the office of the Penobscot County Registry of Deeds, o s lot or parcel described by metes and bounds, the description of which has been so recorded. Lot Width: The distance between the side at line of a lot, measured along the set back lineas e tabltehed by this Ordina oif n set back line is tab _ished the distance between the side lot linea measured along the street line. Mobile Nome: A vehicular portable structure built o achassis of which wheels n intrinsic par and are designed to remain so, and said structure i permeate sused without a pera foundation a adwelling for more persons, and provided with a toilet and bathtub or shower. (Mobile Hom Drdiv Mobile Home Lot: That area of a mobile hove park that provides 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 placemen[ of mobile homes for non-translent use as licensed under the Mobile Housean Ordinance. Motel or Tourist Cabin: A building of group of buildings which (a) contains living or sleeping ago omodatlons used primarily for transient occupancy, and (b) has individual entrances, to serve each such living or sleeping wit, Multiple Unit Housing: A building which is designed to house two (2) or more families. Municipal Use: Any use of a building of land by the municipal government s authority, district or qua cipal corporation oftheCity of Boner in serving orpromoting the general welfare of the public. Nursing B® A nursing here shall be def_ned asa facility which is operated in connection with a hospital, or which nursing care and medical services are prescribed by or per- formed under the general direction of persona licensed to practice evolving or surgery in the State, for thea dation of convalescent o other persons who a notacutely mo Ill and [ in need of hospital care, but who do require skilled nursing r and related medical a The [ "nursing home" shall berestricted to those facilities, the purpose of which is to provide skilled nursing c and related medical services for a period of not less than 24 hours per day to individuals admitted because of illness, dis r physical or mantel infirmity and whichprovides a ec®nallyservice. Open space: An unoccupied space open to the sky. Outdoor Display: Any outdoor display of goods, materials, merchandise, other stock in trade intended for sale, exchange or advertising purposes. Outdoor Storage: Any outdoor storage of goods, materials o merchandise used in an industrial process ras stock in trade Including storage under a roof if the sidesof the building are open permitting such goods materials or merchandise to be seen from the street or adjacent properties. Perk: An 8 set apart for recreation of the public, to promote ice health and enjoyment. Parking Area, Parking Lot: Any area for the off-street parking or storage of three or more vehicles In the open access tepee[ leas air, including a s drives and vehicle maneuvering areas, such area including at leas[ 300 sneers fest pet vehicle including the parking apace and maneuve in€ area. Parking Space: An area, enclosed in the main building o 1n an accessory building, or aclosed, having a eof not less than 200 square feet, exclusive of driveways a axing space permanently reserved for the temporary storage of one omobile and connected ected with a street o alley by a driveway which affords satisfactory ingress and egress for aut mobiles. Parking Structure: A building or portion thereof designed or used for storage of motor driven vehicles. Planned Development: A tract of land which contains orwill contain two (2) o e principal buildings, developed under Ingle wership c control; the development of which i unique and of a substantially different character than that of surrounding areas. A planned development &Lima for flexibility not available under normal zoning district re quiescence. Planning Board: See Chapter II, Article Ll, Section 4 of the Laws and Ordinances of the City of danger. Pouts: A public¢ nclos a for stray o unlicensed animals . 1eo Asee Laws andOrdinances, Chapter VII, Article 11, Section J. professional Per A pers ou engaged in a profession in which attainment of knowledge of s use department of science r learning, =s distinguished fr s skill, i sed by its practical appli- cation t the affairs of others, either advising, guiding, teaching, or other n serving their interest, health, welfare: such persons shall include, but not be limited to, phys-clans, dentists, lawyers, engineers, architects and clergymen. Public Way: A public street, alley or other thorough -fare o easement permanently established for passage of persona or vehicles. Recreational use Any use of a building or land for active or passive recreation, entertainment, o amusement purposes, whether or not such facility, operation, or use is public or private, profit or con -profit in reduce. Rooming Hou A dwelling orother residential structure, or portion thereof, in which three or more Trend are rented ever an ended period of time and in which no meals are furnished. School: A piece for systematic instructioc In any branch of knowledge. Service Business: Any business establishment which providesarvice for hire by others, concocted through the t appllca of a ends specialized knowledge, training skill, o talent, or through the employ of physical exertion or other effort in the performanceof s special action work. A service bus shall include any establishment engaged i the fields offingers,real estate, and any establishment providing professional, personal, or business services, or -vehicular repair services: fl e business doe include a gasolineservice start on o r garage, a hotel, motel, rooming house, boarding house, r tourist home, or a manufacturing use. Setback: The distance between the front lot line and the point of the building nearest to such lot line on the same lot. Side Yard: See Yard, side. Single Family Residential Purposes: A house, house trailer o mobile home designed Co house a single fameiy, and shall include those dwellings which are used seasons LIT as well as those used permanently. Social Club: A voluntary or corporate non-profit association of trial, fraternal, educational, recreationsL o charitable nature, having members paying annual and which owes, hires, or Leasee a building, land or portions thereof, the u of such premises being restricted to members and their guests. e Story: That part of a building comprised between a floor add the floor or roof next above. Story, Half: That portion of a building between the eaves and the ridge line of pitched roofs. Street Lot Line: The lot line dividing a Lot from a street or other public space. Structure; Anything constructed or erected with a fixed location on the ground, or attached to smerging having a fixed location On the ground, including but not limited to, mobile homes, buildings, walls, fences, billboards, signs, piers and floats. Structure. Accessary: A s omarity and clearly incidental and subordinate to c the principal structure and located on the same Sob with the principal structure. Structure Principal A structure In which or by means of which i conducted the main or principal use of the lot so which 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 cation a This abell also include camper,conger- trailer and call other similar short-erm steter dvices. (Mobile Home Ordinance)r Use: The specific purpose for which land or a building i designed, arranged, intended, or for which it is or may be occupied or maintained. Use, Accessory: A use customarily incidental and subordinate to the principal u ofabuilding, structure or lot, and located on the same lot with the principal use. Use Conditional: A u which y be permitted i a district through the granting by my Planning Board of a special exception upon a finding by the Board that it meets specified conditions. Use. Permitted: A use which may be lawfully established in a Particular zone, provided it conforms with all the requirements and regulations of such zone. Usable Open Space: An unoccupied apace, exclusive of required parking areas, driveways, and requited 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 tear, or interior lot line. Yard Pxont An open unoccupied apace on the me lot with a building, between the front of the building and the front Sot line and extending the full width of the Lot. Yard, Rear; An open a cupied apace on thea a lot with a building, between the rear of the building and the rear lot line and extending the full wtdth of the lot. Yard Side: An open unoccupied space on the some lot with a building, situated and between the side of the building and the side _ot line and extending £r an the front yard to the rear yard. CHAPTER VIII ARTICLE 10 - RESIDENTIAL 5 ZONE (R-5) Sec. 1 Statement of Purpose. The Residential 5 Zone is established to stabilize and protect the essential characteristics of certain high dew ity residential a s located near the central part of the City and to promote and encourage, insofar as contpatible with the intensity of land uses, a suitable nvirowenfor family life. Development in this z includes all types of residential a well a certain office use unlikely [create concentration of traffic and certain service uses limited tolocations along major streets. See. 2 Basic Requirements, Buildings or land used or occupied, and buildings erected, c astructed, reconstructed, wed or structurally altered, whether pemitted uses or special exceptions, shall comply with the requirements of Article 21 of this Ordinance and the following dimensional requirements: (I) Lot a minimum 6000 sq. f[. '_ r the first 3 dwelling units; for each additvowl dwelling unit add: 800 sq. f[. per effic ency unit, plus 200 sq. ft. for each bedroom (2) Heigh4um development based on floor area ratio: 1.0 (3) Lot coverage: maximum 40% (4) Minister usable open apace: 100 sq. ft. per efficiency unit, plus 200 sq. ft. for each bedroom (5) Lo[ width: minimum 60 feet (6) Minimum setback: 15 feet, plus 30% 0f building height for buildings wer 3 stories (7) Side yard minimum shall be the greater of: (a) 30 feet (b)_30% of the building he Lght (c) 15% of the building frontage;ory structure 3 feet (8) Rear yard: 15 feet; plus 30% of building height for buildings over 3 stories; ac-essory structure 3 feet Sec. 3 Uses. In a Residential 5 Zone, uses are controlled as follows: (I) Permitted Uses: (a)one-family, two-family and multi- family dwelling$ (b) accessory u n the same lot and customarily incidental [o and subordinate to the above uses (2) Special Exceptions. The following uses $hall be allowed in a Residential5 Zane, but only upon the granting of a speciatexception permit by the Planning Board pursuant to Article 23 of this Ordinance. (a) boarding homes, rooming houses and nursing hwas a, churches, funeral homes and motels (b) offices and community service organizations which do not eceed 2,000 sq. ft. 1n groes floor area (c) e -family attached dwellings (d) planned unit developments (subject to the requirements of Article 21, Sec. 2(4) ) (e) cluster house subdivisions (subject to the requirements of Article 21, Sec. 2(6) ) (f) townhouse subdivisions (subject tthe requirements of Article 21, Sec. 2(3) ) (g) home occupmation or profession (subject to the requirements of Article 2L, Sec. 2(1) ) (3) Prohibited Uses: Any use not specifically permitted in this Article of in Article 21 of this Ordinance. ARTICLE 4 - ZONES Sec. 1 Establisher of of Zones. For purposes of this Ordinance, the City of Bangor is hereby divided into sixteen (16) 'zones" to be designated as follows; (I) A Agricultural Zone (2) R-1 Residential L Zone (3) R-2 Residential 2 Zane (4) R-3 Residential 3 Zane (5) R-4 Residential 4 Zone (6) R-5 Residential 5 Zane (7) C -I Neighborhood Co®erclal Zone (8) C-2 Co®eLcial Development Zone (9) C-3 Commercial Service zone (10) C-4 Central Business District Zone (1l) I-1 Industrial Park 1 Zone (12) 1-2 Industrial Park 2 Zone (13) 1-3 Central Industry Zane (14) C5I Civic and Institutional Zone (15) P&0 Parks and Open Space Zone (16) AP Airport Zone Sec. 2 Establishment of Zone Boundaries and Zoning Map. Bar the purposes of this Ordinance, the boundaries of all zones in the City of Bangor a hereby established, a shown on the "Zoning Map of the City of Bangor, dated February, L9I4 ", appended hereto, and made a part hereof. Said Map shell be referred to and designated as the 'Zoning Map of the city of Bangor Said Zoning Map, together with all notations, references r and other explanatory ma thereon, shall be deemed to accompany, be, and are hereby declared part of this Ordinance. Sec. 3 Interpretation of Zone Boundary Lines, Where uncertainty exists with respect to the location of any zone boundary Lima of any of the aforesaid zones as shown on said Zoning Map, the following Lulea shall apply: (1) Boundaries indicated as approximately following the enter lines of streets, highways, or alleys shall be construed to fallow rush center Sines; (2) Boundaries indicated as approximately fallowing well established lot linea shall be construed as following such lot lines; (3) Boundaries indicated a approximately following municipal limits shall be construed as following municipal limits; (4) Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of natural changean the shovel ve shall be construed a moving with the actual shoreline; boundaries indicated a, approximately following the enter line of streamsrivers, nils, lakes other bodies of water shall be corm trued to follow such center Lines; (5) Boundaries indicated as being paralle_to or extrusions of features indicated in subsections (1) through (4) above shall be construed. pis ounces t specifically n indicated on the Zoning Map shall bedetermined by the scale of the mzp; (6) Where physical or cultural features existing on the ground a at variance with those shown on the zoning Map, or in other circumstances red by subsections (1) through (5) above, the Board of Appeals shall interpret the zone boundaries. Sec. 4 Location of documents. This Ordinance, together with all maps attached hereshall be located in the City Clerk's Office and shall be the final authority as to the current zoning status of the land and water areas, buildings and other structures in the City. The Maps or Amendments thereto shall be signed by the Chairman of the City Council and attested to by the City Clerk. CHAPTER VIII ARTICLE 5 - AGRICULTURAL ZONE (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 < wounity facilities. As these utilities and facilities bee me available and a demand for urban land use develops, a change of seeing free Agricultural to other zones may be made. Minimum lot a n n this z also ended to preserve the quiet, rural atmosphere and to conserve property values. Sec. 2 Basic Requirements. Buildings of land used or occupied, and buildings erected, constructed, reconstructed, moved o structurally altered, whether permitted w special exceptions, shall comply with the requirements of Article 21 of this Ordinance and the following dimensional requirements: (1) Building height limit: 2'S stories, but not exceeding 35 feet (Residential uses only) (2) Lot a minimum 1} acres (3) Lot Coverage: um 10% (4) Lot width: minimum 300 feet (5) Minimi setback: 30 feet (6) Side yard width: minimo, 20 feet each side (7) Rear yard depth: minimum 30 feet 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 gross floor of not more than 100 aquae feet (c)one-family dwellings (d) accessory uses on the same lot and customarily Incidental to and subordinate to the above uses (2) Special Exceptions. The foil wing uses shall be allowed in an Agricultural Zone, but only upon the granting of a special exception permit by the Planning Board pursuant to Article 25 of this Ordinance. (a) churches (b) tenting and camping areas (c) golf r and golf driving ra[iges, except miniature golf courses (d) animal pounds, animal hospitals and animal clinics (e) cemeteries (£) radio and television towers (g) mobile home parks (subject to the requirements of Clupter %I, influences Of the city of Hanson) (h) hame occupation or profession (subject to the requirements of Article 21, Sec. 2(1) ) (i) municipal uses (j) public utility and public service o (k) quarries and gravel pits (subject tothe requirements of Article 21, Sec. 2(2) ) (t) planned unit developments (subjectthe requirements of Article21, Sec. 2(4) ) (3) Prohibited Uses: Any use not specifically permitted in this Article or in Article 21 of this Ordinance. CHAPTER VIII ARTICLE 8 - RESIDENTIAL 3 ZONE (R-3) Sec. l statement of Purpose. The Residential 3 Zone 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 encourage a suitable environment for family life. Development or redevelopment in this z s limited to a controlled mixing of housing types consisting one of one to four -family dwellings and certain community and recreational facilities to serve residentsof the uarea, in accordance with the recorded plan. Sec. 2 Basic Requirements. Buildings or land used o occupied, and buildings erected, constructed, r oted, moved o structurally altered, whether permitted us special exceptions, shall comply with Ne requirements of Article 21 of this ordinance and the following dimensional requirements: 1 Family 2 Family 3 Family 4 Family (1) Building height limit: (2$ stories or 30 ft.)(2k stories or 35 ft.) (2) Minimum lot area (sq.ft.) 7,500 10,000 12,500 15,000 (3) Maximum lot coverage: 30% 30% 35% 35% (4) Minimum lot width (ft.) 75 90 105 120 (5) Minimum setback (ft.) 20 20 20 20 (6) Minimum side yard: one side 6 ft. sum of sides 16 ft.: accessory structures 5 ft. (7) Minimum rear yard: (ft.) 24 24 24 24 Accessary structure (ft.) 5 5 5 5 Sec. 3 Uses. In a Residential 3 Zone, uses are controlled as follows: (l) Permitted Uses: (a)one-family, two-family, three-family and four -family dwellings (b)accessory a same me lot and usabsurdly incidentalto and subordinate to the above uses (2) Special Exceptions. The following uoes shall be allowed n a Residential 3 Zone, but only upon the granting of aspecial exception permit by the Planning Board pursuant to Article 23 of this Ordinance. (a) churches (b) nursing homes (c) planned unit developments (subject to the requirements of Article 21, Sec. 2(4) ) (d) cluster house subdivisions (subject to the requirements of Article 21, Sec. 2(6) ) (e) home occupation or profession (subject to the requirements of Article 21, Sec. 2(t) ) (3) Prohibited Uses: Any use not specifically permitted in this Article or in Article 21 of this Ordinance. CHAPTER vnl ARTICLE 9 - RESIDENTIAL 4 ZONE (R-4) Sec. l Statement of Purpose. The Residential 4 Zone is established to stabilize and protect the essential characteristics of certain residential areas which are sm- stantially built up with me -family to four -family dwellings, and to promote and ac m rage a suitable envlrment for family life. nevelopment inthis zone is limited Frimarily to medium density residential use. Sec. 2 Basic Requirements. Buildings or land used or cupie2, and buildings ted,o ucted, reconstructed, Moved o structurally altered, whether perm6tted uses or special exceptions, shall comply with the requirements of Article 21 of this Ordinance and the following dimensional requirements: (1) Building height limit: 3 at r 35 feet (2) Minimum lot area. 1 and 2 dwe llivg unite, 6000 sq. ft. 3 dwellL19 units, 7300 sq. ft. 4 dwelling units, 9000 sq. ft. (3) Lot coverage: maximum 35% (4) Minimma Usable Open Space: 600 sq. ft. per dwell Log unit (5) Minimum lot width: 1 and 2 dwelling units, 60 feet 3 dwel Ling units, 70 feet 4 dwelling units, 80 feet (6) Miaimm setback: 20 feet (I) Side yard: minimum 8 feet, accessory art= fares 3 feet (8) Rear yard: minimum 24 feet, accessory structures 3 feet Sec. 3 Uses. In a Residential 4 Zone, uses are controlled as follows: (1) Permitted Uses: (a) e -family, two-family. three-family and four-fmal Ly dwellings (b) accessory mon the same lot aid customarily incidental m and subordinate to the above -,sea (2) Special Exceptions. The following nashalt be allowed in a Residential4 Zone, but only upon the granting of a special exception permit by the planning Board pursuant to Article 23 of this Ordinance. (a) boarding homes and rooming houses (b) churches and nursing homes (c)one-family attached dwellings (d) planned unit developments (subject to the requirements of Article 21, Sec. 2(4) ) (e) cluster house subdivisions (subject to the requirements of Article 21, Sec. 2(6) ) (f) townhouse Subdivisions (subject to the requirements of Article 21, Sec. 2(5) ) (g) home occupation or profession (subject to the requirements of Article 21, Sec. 2(1) ) (3) Prohibited Uses: Any a not specifically permitted in this Article or in Article 21 of this Ordinance. Sec. L Statement of Purpose. The Neighborhood Commercial Zoe i established to acuasdate the daily or frequent shopping needs of the neighborhood consumer. In this zone, which is located in close proximity to existing residential areas, land u e limited pr imariLy to small service businesses and retail stores primarily Serving the neighborhood. Sec. 2 Basic Requirements. Buildings or land used or occopled, and buildings erected, constructed, reconstructed, moved o strucutrally altered, whether permitted onspecial exceptions, sball empty 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 Lot area: 6000 sq. ft. plus 1500 sq. ft. for each dwe111ag unit (3) Maximum coverage: 30Minimum(4) MinimLotwidth. 60 fee[ (5) Minimum setback: 20 feet (6) Minimum side yard width: 8 feet (7) Minimum rear yard depth: 24 feet Sec. 3 Uses. In a Neighborhood Commercial Base, no business may be conducted in a structure with more than 2000 square feet in gross floor and no goods or materials may be displayed or stored outdoors, except goods or materials of a seasonal nature displayed for retail sale, and such outside storage display area may not exceed 1% of the gross floor area of the buLlcing. Uses are controlled as fall pas: (1) Permitted Uses: (a) grocery/superette (b) delicatessen (c) drug store (d) self-service leaner spat (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 a n thea a lot and ustomarilyi cidental to and subordinate to the above uses CHAPTER VIII ARTICLE 11 - NEIGHBORHOOD COMMERCIAL ZONE (C-1) Sec. L Statement of Purpose. The Neighborhood Commercial Zoe i established to acuasdate the daily or frequent shopping needs of the neighborhood consumer. In this zone, which is located in close proximity to existing residential areas, land u e limited pr imariLy to small service businesses and retail stores primarily Serving the neighborhood. Sec. 2 Basic Requirements. Buildings or land used or occopled, and buildings erected, constructed, reconstructed, moved o strucutrally altered, whether permitted onspecial exceptions, sball empty 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 Lot area: 6000 sq. ft. plus 1500 sq. ft. for each dwe111ag unit (3) Maximum coverage: 30Minimum(4) MinimLotwidth. 60 fee[ (5) Minimum setback: 20 feet (6) Minimum side yard width: 8 feet (7) Minimum rear yard depth: 24 feet Sec. 3 Uses. In a Neighborhood Commercial Base, no business may be conducted in a structure with more than 2000 square feet in gross floor and no goods or materials may be displayed or stored outdoors, except goods or materials of a seasonal nature displayed for retail sale, and such outside storage display area may not exceed 1% of the gross floor area of the buLlcing. Uses are controlled as fall pas: (1) Permitted Uses: (a) grocery/superette (b) delicatessen (c) drug store (d) self-service leaner spat (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 a n thea a lot and ustomarilyi cidental to and subordinate to the above uses (2) Special Exceptions. The following a shall be allowed in a Neighborhood ial zone, but only upon the granting of a special exception permit bythe Planning Board pursuant to Article 23 of this Ordinance. (a) mixed reaiderteal/cormercial u limited to a maximum of 4 dwelling unite per dwelling (b) home occupation of profession (subject to the requirements of Article 21, Sec. 2(1) ) (3) Prohibited Uses; Any age not specifically permitted in this Article or in Article 21 of this Ordinance. CHAPTER vnl ARTICLE 6 - RESIDENTIAL l ZONE (R-1) Bee. 1 Statement of Purpose. The Residential 1 Zone s established to stabilize and protecttheessential characteristics of certain low density [ siiential areas of mostly single-family dwellings or areas where such development 5 desired to promote and encourage a suitable environment for family life. Sec. 2 Basic Requirements. Buildings or land used or wcupiei, and buildings erected, constructed, reconstructed, wed or structurally altered, whether permitted was or special exceptions, shall comply with the requirements of Art! -le 21 of this ordinance and the following dimensional requirements: (t) Building height Limit: 2k stories not exceeding 25 feet (2) Lot a mm 9,000 square feet (3) Lot coverage: maximum 30% (4) Lot width:um 75 feet (5) Minimum setback, 20 feet (6) Side yard width:inimum 6 fear o side, s of sides, 16 feet mLniaume accessory building 3 feet minimum (I) Rearyard depth:num 24 feet, accessory building 3feet Sec. 3 Uses. In a Residential 1 Zane, uses are ecutrolled as fall ors: (1) Permitted Uses: (a)one-family detached dwellings (b) accessory m n the same lot and customarily incidental to and subordinate to the above uses (2) Special Exceptions. The following owns shall be allowed in a Residential 1 Zone, but only upon the granting of a special exception permit ty the Planning Board pursuant to Article 23 of this Ordinance. (a) churches and nursing homes (b)one-family attached dwellings (c) planned unit developments (subject to the requirements of Article 2L, Sec. 2(4) ) (d) cluster house subdivisions (subject to the requirements of Article 21, Sec. 2(6) ) (e) home occupation or profession (subject to Its requirement$ of Article 21, Sec. 2(l) ) (3) Prohibited Uses: Any use not specifically permit-ed in this Article or is Article 2l of this Ordnance. CHAPTER vnf ARTICLE ] - RESIDENTIAL 2 ZONE (R-2) Sec. 1 Statement of Purpose. The Residential 2 Zone is established to stabilize and protect the essential characteristics of certain low density residential areas which are characterized 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, 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 of 25 feet (2) Lot area: 6,000 sq. it. (3) Lot coverage: maximum 30% (4) Lot width: minimum 60 feet (5) Minimum setback: 20 feet (6) Side yards: 6 feet one side: s are of aides 16 feet, mfaimu accessory structure 3 feet minimum (7) Rear yard: 24 feet minimum{ accessory structure 3 feet minimum Sec. 3 Uses. In a Residential 2 zone, uses are controlled as follows: (1) Permitted Uses: (a)one-family detached dwellings (b) two-family detached dwellings (c)accessory u n the same lot and cost omarily Incidental to and subordinate to the above uses (2) Special Exceptions. The following a shall be allowed n a Residential 2 Zone, but only upon the granting of aspecial exception permit by the Planning Board pursuant to Article 23 of this Ordinates. (a)one-family attached dwellings (b) churches and nursing homes (c) planned unit developments (subject to the requirements of Article 21, Sec. 2(4) ) (d) cluster house subdivisions (subject 0the requirements of Article 2L, Sec. 2(6)) (e) home occupation or profession (subject to t[e requirements of Article 21, Sec. 2(1) ) (3) Prohibited Uses; Any use not specifically permitted in this Article or in Article 21 of this ordinance. CHAPTER VIII ARTICLE 12 - CQRICRCIAL DEVELOPMENT ZONIS (C-2) Sec. 1 Statement of purpose. The Commercial Development Zone i established to accomodate the shopping Beds of a much larger cons met population and area of residency than that served by the C-1 Neighborhood Commercial Zone. Within this zone which is located in relative pro amity to residential areas and to major thoroughfares, are permitted a wider range of uses inc Ludding retailing and the furnishing of certain personal, office and other services. Sec. 2 Basic Ree menta. Buildings of land used or occupied, and buildings erected, c tetructed, reconstructed. moved or structurally altered, whether perwitted uses or special exceptions, shall comply with the requirements of Article 21 of this Ordinance and the following dimensi nalrequirements: (1) Building height limit 2 stories or 30 feet (2) Minfmon lot a 8000 sq. ft. (3) Maximme lot coverage: drive-in business 20%, other businesses 35% (4) Minimum lot width: drive-in business 100 ft., other has inesses )o ft. (5) Minimum setback: 20 feet (6) Minimum side yard: 12 feet (1) Minimum rear yard: 24 feet Sec. 3 Uses. In a Commercial Development Zone, uses are controlled as follows: (1) Permitted Uses (a) any business or professional office (b) motel or hotel (c) schools conducted as a gainful business, such as trade, business, dance and music schools (d) community service organizations (e) club or lodge, private (f) enclosed correction centers conducted as a gainful business (g) any other retail or service business (except as referred to under subsection 2 or 3 above) conducted within a building, with no goals o materials displayed orstared outdoors, except goods or materials ofa seasonal tenure displayed for retail sale, with outdoor diaclay area Limited to 1% of the gross floor area of the building (h) 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 in a CommercialDevelopment Zone, but only upon the granting of a special axception permit by the Planning Board pursuant to Article 23of this Ordinance. (a) gasolines rvice 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 zone (e) mixed residential and commercial uses (3) Prohibited pees: Any use not specifically permitted in this Article or in Article 21 of this Ordinance. CHAPTER VIII ARTICLE 13 - COMMERCIAL SERVICE ZONE (C-3) Sec. 1 Statement of Purpose. The Commercial Service Zone is established to accomodate those retail, wholesale, and service uses which because of certain locational requirements and operational characteristics are generally concentrated along saint thoroughfares. Permitted within this z are awide variety of uses, of which a not crone tible with theu s permitted in theHeighbothocd Commercial Zona, incLading drive-in businesses, automotive sales and service establishments, wholesale operations, and other activities which usually sea a larger consumer population and area of residency than that of theimmediate neighborhood. Sec. 2 Basic Requirements. Buildings Or land used or cupied, and buildings erected, constructed, reconstructed, moved O structurally altered, whether permitted a special ceptions, shall comply with the requirements of Article 21 of this Ordinance and the following dimensional requirements: (1) Building height limit: 2 stories or 35 feet (2) Minimum lot a 10,000 sq. ft. (3) Maximum lot c rage: drive-in business 20% other businesses 4% (4) Minimum lot width; drive-in business 100 £t. other businesses 75 ft. (5) Minimum setback: 20 feet (6) Minimum side yard width: one side 5 feet, total 25 feet (J) Minimum rear yard depth; 24 feet Sec. 3 Uses. In a Commercial Service Zone, uses ate controlled as follows: (1) Permitted Uses (a) business or professional office (b) motel or hotel (c) schools conducted as a gainful business, such as trade, business, dance and music schools (d)community 9 Organizations (e) private membership social and fraternal clubs (f) enclosed recreation centers wrnduc[ed as a gainful buetness (g) auto, truck, mobile home, boat sales and service s (h) wholesale basins conducted entirely within building having agross floor area no greater than 4000 sq. ft., with no goods or materials displayed or stored outdoors (i) any other retail or service business (except those categorized under special exceptions, subsection (2) below) conducted in a building with no goods or ma terials displayed or stored outdoors, except goods o ma tetials ofa seasonal nature displayed for retail sale, with outdoor display area limited to 1% of the gross floor area of the building (2) Special 8xceptions. The following uses shall be allowed in a Commercial Service Zone, but only upon the granting of a special exception permit by the Planning Board pure'aast to Article 23 of this Ordinance. (a) gasolines rvice stations (b) car wash (c) drive-in business (d) building supply (e) mixed residentfal-conmezcfal ue , limited c one dwelling unit (f) light industry, including manufacturing, compounding and assembling or treatment of goads aid products, provided that the operation in conducted entirely within a building having a groes floor area no greater than 10,000 sq. ft., with no goods or materials stored outdoors. (g) animal hospital or animal clinic in a completely enclosed building at least 100 feet from any residential zone (h) warehouses (3) prohibited Uses; Any use not specifically permitted i this Article or in Article 21 of this Ordinance. CNAPTBR VIII ARTLCba 14 - CBNxBAh, BOSINBSS Zdmm (C-4) Sec. 1 Statement of purpose. The Central Business Zone is established to sec omodate those retail, service and office uses which are of city -aide or regional Significance and are characteristic of a central business district. Within this limited area of concentrated activity and intensive development e found many prime re tail activities of city-wide significance, administrative officesof private organizations, administrative offices and political seats of state,my and city government, and offices of professional and non-professional persons offering variety of spec iallzed a New construction and any alteration of existing buildings r land use should be consistent with the objective to develop and ma intaln the central business Sec. 2 Basic Remi menta. Buildings or land used or occupied, and buildings erected, constructed, reconstructed, moved o rally altered, whether permitted a special exceptions, Shall comply with the requirements of Article 2L of this Ordinance and the following dimensional requirements: (L) Floor a ratio Residential - 2.0, m Comercial - 4.0 See. 3 Uses. In a Central Business Zone, uses are controlled as follows: (L) Permitted Uses: (a) any business or professional office (b) motel or hotel (e) achoola conducted as a gainful business, such as trade, business, dance and music schools (d) educational uses or cultural uses, such as Libraries (e) community service organizations (f) private membership social and fraternal clubs (g) enclosed recreation centers conducted as a gainful business (h) any other retail or service business (except as referred to under subsection (2) or (3) belw) conducted within a building with no goods o materials displayed or scored outdoors, except goods or materials of a seasonal nature displayed for retail sale, with outdoor display area limited 0 1% of the Sr bee floor r of the building (i) accessory a the melot and cast covertly Incidental to and subordinate to the above uses (2) Special Exceptions. The following owes shall be allowed 1n a Central Business Zon , but only upon the granting of a special exception permit by the Planning Board pursuant to Article 23 of this Ordinance. (a) gasoline service station an part of parking garage (b) automotive sees, such as auto/truck sales andservice or car wash (c) off-street parking lot or parking garage (d) residential uses (e) wholesale business (only when acondary to a retail businessnthe premises) conducted entirely within abuilding, with no goods or materials displayed or stored outdoors (f) drive-in banks (g) home occupation or profession (subject to the requirements of Article 31, Sec. 2(1) ) (3) Prohibited Uses: Any use not specifically permitted in this Article or in Article 21 of this Ordinance. CHAPTER VIII ARTICLE 15 - INDUSTRIAL PARR 1 ZWE (2-1) Sec. L Statement of Purpose. The Industrial Park 1 Zone is established to accomodate certain manufacturing and research r institutions o other industrial a which desire location inspacious,. attractivesurroundings. This zone shall be preserved and protected from the intrusion of incompatible a which might impede otherwise have a detrimentalaffecton the development of such Lands. Sec. 2 Basic'Requirements. Buildings or land need or occupied, and buildings created, constructed, reconstructed, nstructed, moved o structurally altered, whether permitted us special exceptions, shall comply with the requirements of Article 21 of this Ordinance and the fallowing dimensional requirements: (1) Lot coverage: rage: um 25% (2) MinimumI of area: (3) Minimum setback: 50 feet (4) Side yard width; minimum 50 feet (5) Rear yard depth: minimum 50 feet (6) Landscaping: Areac not occupied by buildings, drives, walks aid parkingareas shall be land- scaped and maintained Sec. 3 Uses. In an Industrial Park 1 Zone, uses are controlled as follows: (L) Permitted Uses: (a) light industry, including manufacturing, mpounding, assembling otreatment of goods and products, with all goods o materials stored in enclosed buildings, such as, but not limited to, the manufacture of electrical components, appliances, shoes or textiles (b) research and testing facilities of a laboratory nature (c) administrative offices of manufacturing or research corporations (d) when accessory to any of the above uware- houses, vehicle storage, garages and employee restaurants (2) Special Exceptions. The following Uses shall be allowed in an India trial Park 1 Zone, but only upon the granting of a special exception permit by the Planning Board pursuant to Article 23 of this prd inane¢. (a) living quarters for security per nel, limited to one dwelling unit The living quarters should be located within the principal industrial building. (b) here occupation or profession (subject to the requirements of Article 21, Sec. 2(1) ) (3) Prohibited Uses: Any use not specifically Permitted in this Article or in Article 21 of this Ordinance. CHAPTER VIII ARTICLE 16 - INDUSTRIAL PARK 2 ZONE (I-2) Sec. 1 Statement of purpose. The Industrial Park 2 Zone is established to ace modaoe certain commercial and industrial uses. Deve Lopmeat in this zone is limited primarily to manufacturing, warehousing, distributing, or other treatment of goods and products, truck terminals and other similar uses, designed to ensure sufficient apace for building expansion parking, loading facilities and landscaping. 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) Minimum lot area: (2) Lot coverage; amu mxime 2". (3) Minimum setback: 50 feet (4) Side yard width: minimm 50 feet (5) Rear yard dpptb: minimum 50 feet (6) Landscaping: Front and side yards not occupied by drives, walks, parking and loading a shall be landscaped and maintained. Sec. 3 Uses. In an Industrial Park 2 zone, uses are controlled as follows: (1) Permitted Uses: (a) any uses permitted in I -I Zone (b) manufacturing, compounding, assembling, packing, treatment, warehousing or whole- maleing of goods and products (c) truck terminals (d) radio and television faci lilies (e) when accessory c any of the above u offices,motorvehicle garages, and employee restaurants (2) Spec Lai Exception$. The following uses shall be allowed in an Industrial Park 2 Zone, but only upon the granting of a special exception permit by the Planning Board pursuant to Article 23 of this ordinance. (a) Living quarters for security per nel, limited to one dwelling unit. The living quarters should be located within the principal industrial building (b) home occupation or profession (subject tm the requirements of Article 21, Sec. 2(1) ) (3) prohibited Uses: Any use not specifically permitted in this Article or In Article 21 of this Ordinance. Sec. 1 Statement of Purpose. The General Industry Zone is established to accomodate all types of industrial and commercial uses. Sec. 2 Basic Requirements. Buildings or land used of occupied, and buildings erected, constructed, reconstructed, nstructed, moved o structurally altered, whether permitted us special exceptions, stall comply with the requirements of Article 21 of this Ordinance and the following dimensional requirements: (1) Building height limit: none (2) Minim= lot a (3) Minimum setbacks 30 feet (4) Minimum side yard width: 10 feet (5) Minimum rear yard depth: 20 feet Sec. 3 Hees. In a General Industry Zone, uses are controlled as follows: (1) Permitted uses: (a) c ommercial or industrial uses (b) accessary a the s lot and customarily incidental toeand sub- ordinate to the above uses (2) Special Exceptions. The fallowing uses shall be allowed na General Industry Zane, but only upon the granting of aapse"l exception permit by the Planning Board pursuant to Article 23 of this Ordinance. (a) home occupations or professions (subject to the requirements of Article 21, Sec. 2(1) ) (3) Prohibited Uses: Any use not specifically permitted i this Article or in Article 21 of this Ordinance. CHAPTER VIII ARTICLE l] - GENERAL INDUSTRY ZOE (I-3) Sec. 1 Statement of Purpose. The General Industry Zone is established to accomodate all types of industrial and commercial uses. Sec. 2 Basic Requirements. Buildings or land used of occupied, and buildings erected, constructed, reconstructed, nstructed, moved o structurally altered, whether permitted us special exceptions, stall comply with the requirements of Article 21 of this Ordinance and the following dimensional requirements: (1) Building height limit: none (2) Minim= lot a (3) Minimum setbacks 30 feet (4) Minimum side yard width: 10 feet (5) Minimum rear yard depth: 20 feet Sec. 3 Hees. In a General Industry Zone, uses are controlled as follows: (1) Permitted uses: (a) c ommercial or industrial uses (b) accessary a the s lot and customarily incidental toeand sub- ordinate to the above uses (2) Special Exceptions. The fallowing uses shall be allowed na General Industry Zane, but only upon the granting of aapse"l exception permit by the Planning Board pursuant to Article 23 of this Ordinance. (a) home occupations or professions (subject to the requirements of Article 21, Sec. 2(1) ) (3) Prohibited Uses: Any use not specifically permitted i this Article or in Article 21 of this Ordinance. CHAPTER VIII ARTICLE IS - CIVIC AND INSTITUTIONAL ZONE (Cdi) Sec. 1 Statement of Purpose. The Civic and Institutional Zone is established to preserve and prote those a of the City occupied by public and non-profit institutional buildings or uses. Sec. 2 Basic Requirements. Buildings or land used or occupied, and buildings erected, constructed, reconstructed, nstructed, wed o structurally altered, whether permitted a special exceptions, shall comply with the requirements of Article 21 of this Ordinance and the following dimensional requirements: (1) Building height limit: maximum 75 feet (2) Mini um lot area: none (3) Lotcoverage: rage:30% maximum (4) Miriamsetback: 30 feet plan 30% of building height for buildings over 35 feet in height (5) Side yard width: minimum 20 feet plus 30% of building height for buildings over 35 feet in height (6) Rear yard depth: minimum 30 feet Sec. 3 Uses. In a Civic and Institutional Zone, 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) accessory uses on the same lot and rust nastily incidental to and subordinate no the above uses (2) Special Exceptions. The fallowing uses shall be allowed i a Civicand Insnitutfonal Zone, but only upon the granting of a special exception permit by the Planning Board pursuant to Article 23 of this Ordinance. (a) medical office buildings, when in close proximity to hospitals offering in-patient (b) home occupations or professions (subject to the requirements of Article 21, Sec. 2(i) ) (3) prohibited Uses: Any use not specifically permitted in this Article or In Article 21 of this Ordinance. CHAPTER VIII ARTICLE 19 - PARI( AND OPEN SPACE ZONE (PW) Sec. t Statement of Purpose. The Park and Open Space Zone is established to preserve and protect certain areas, such ariversstreams, marshes, natural drainageways, greenbelts, agricultural and forest lands, and areas of aesthetic value. Such zoning will perpetuate open spaces and water areas limiting the uses of these areas to certain agricultural, recreational aid multi-purpose consistent with the purpose aid intent of this dalliance. Sec. 2 Basle Requirements. Mae. Sec. 3 Nees. In a Park and Open Space Zane, uses are controlled as follows: (1) Permitted pees: (a) agriculture, including the production of dairy products and crops, the keeping and raising of livestock and poultry, except feedlots (b) tree three, forests and forest nurseries (c) fish hatcheries (d) commercial gardening and greenhouses, pro- vided sale of produce not upon the premises (e) public parka, reservations, drainageways, forests, preserves, and other o;ren or natural areas (f) accessory uses n the same lot and customarily incidental to and subordinate to the above uses (2) Special Exception$. The following uses shall be allowed na Park aid Open Space Zone, but only upon the granting of aa pec ial exception permit by the Planning Board pursuant to Article 23 of this Ordinance. (a) golf courses, except miniature golf coarses (b) golf driving ranges (c) outdoor cantle c unts (d) tenting and camping (e) bathing benches and outdoor awl®ing pools (f) hiking, saddle, carriage, ski and snowshoe trails (g) outdoor ice skating areas (h) animal pounds (i) stables, including liveries (j) beat launching facilities and related boat and canes rentals (k) botanical and zoological gardens and similar nature exhibits (1) sacensm (m) home occupations or professions (subject to the requirements of Article 21, Sec. 2(t) ) (3) Prohibited Uses. Any use not specifically permitted i this Article or in Article 21 of this Ordinance. CHAPTER VIII ARTICLE 20 - AIRPORT ZONE (AP) Sec. 1 Statement of Purpose. The Airport Zone is established to accommodate those tie which because of locational requirementso operational characteristics are appropriate to Locate at or in close proximity to an airport. This zone is for aviation uses as well as certain manufacturing retail andservice uses which generally would be considered compatible with an airport complex. The Airport Zone f not designed to include those a which would be seriously affected by adverse noise and basard factors inherent in an airport operation. Sec. 2 Basic Requirements. Buildings or land used or occupied, and buildings erected, constructed, reconstructed, nstructed, wed o structurally altered, whether permitted a special exceptions, shall comply with the requirements of Article 21 of this Otdfuance and the following dimensional requirements: (1) Federal aviation regulations, Part ]] existing and as may be amended. (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 Zone, uses are controlled as follows: (1) Permitted Uses: (a) airports, heliports, aircraft landing fields, and related operational and termsaal facilities (b) aviation sees, including the Sale, service, or storage of aircraft and aircraft parts (c) manufacturing and industrial uses which are in onforemace with the purpose of this zone and which will not be noxious o injurious by r Bw of the production or emission of dust, smoke, odor, gas, forms,refuse matter, noise, vibration, or similar substances or conditions (d) retalL and service uses such as gasoline service stations, hotels, motels,, restaurants, offices, and banking facilities (e) accessory uses u n the same lot and customarily incidental to and subordinate to the some uses (2) Prohibited pees: Any use not specifically pe[mitted i this Article or in Article 2L of this prd inarce. CHAPTER VIII ARTICLE 21 - SUPTIRMBNYMY REGULATIONS Sec. 1 Statement Of Purpose. Buildings or land used or occupied, and buildings erected, constructed, moved reconstructed, o structurally altered, whether permitted a ospecial exceptions, rmull comply with the requirements of this Article together with all applicable provisions of the Zoning Crdinmme. Sec. 2 Uses - Special Requirements. (1) Home Occupation Or Profession. After the effective date of this Ordinance, o land or building shall be used in any zone for purposes of a home occupation or profession without a special exception granted pursuant to Article 23. No permit shall be granted for such purposes unless the following conditions are met: (a) said me shall only be permitted in residential structures and shall besecondary and subordinate to the primary use of the structure (b)aid a shall be conducted wholly within the dwelling (c) only members of the family permanently residing n the premises Shell be employes in such occupation or profession (d) no stock in trade may be kept on the premises other than is directly required or manufactured by the occupation or profession (e) there shall benc sales of products conducted on the promises (f) there shall be no outdoor display c storage, offensive noise, vibration, amokc, duet, odor, glare and other indication of such occupation r profession,and n variation it= the resi- dential character of the dwelling, other than a nameplate as permitted under the Sign ordinance Of the City of Bangor (g) notwithstanding the requirements Of subsection (c) above, a home occupation or profession may employ one person outside the family, provided that such nee is located on Broadway. Center Street, Hammond Street, State SCest, Stillwater Avenue, Union Street, Mount Nope Ave a (between Howard Street and the Hogan Road) in the City of Bangor (2) Quarries and Nxcavncions. After the effect ve date of this Ordinance, no quarries or senations, as defined by this Ordinance, shall bepermitted pt in an Agricultural Zone, and only after receipt of a special exception pursuant to Article 23. No exception shall be granted forsuch purposes unless the following additional requirements are met: (a) A permit for a sandpit or quarry, or foe the removal of boll, loam, sand, rock or gravel from the land will be issued by the Code Enforcement Officer upon approval of the p Lanning Board, for an initial period of not more than two (2) years, provided that such us a is not seriously detrimental c the neighborhood and would not be detrimental to the adjacent waterways. ?create may be renewed under likeconditions for additional pericda of not m than one e year each. Permits not required when suchr vat is incidental to, and incn ection with, the c of a building, structure, or swimming pool, rfor which a building permit has been issued, or when incidental to the grading or laying out of landfcr development or landscaping purposes. (b) Noxvation shall be permitted within twenty (20) feet of an existing or approved street, except to conform with approximate street grades; nor shall any a vation 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 fir condition so that n weakening or undermining of adjacent property as at theproperty will take place that might prevent the full use of adjacent property. (c) At the completion of any excavation ation permitted e hereunder, the property own shall Lala: all necessary action to provide for the regrading of said excavation with finished slopes not to exceed 1;} (vertical to horizontal) in un- disturbed catch; L2 in earth fill} and 4:1 in rock whether or the grown surface will be below water. (3) Pilling. Grading and Dredging. Ater the effective date of this ordinance, no person aha11 fill, grade or dredge any Sand orr water a ts pro- vided hex without a permit for such purpos ato be granted by the Cade Enforcement Officer of the City of Bangor upon approval of the Planning Board pursuant to Article 23. No permit shall be granted for such purposes unless the fell owing additional requirements are rte t: (a) No material of any sorb shall be deposited into orved from any strand, natural waterway,edrainageway, marsh or aerlan2 i a Cannot which sitars or damages the existing topography or natural cover,which affects the environmental stability of such areas; which impairs the life farms present therein. (b) Marcspecific conditions are present that limit filling, grading or dredging and would not adversely affect the environment, 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) Churches and Nursing Homes. After the effective dace of this Ordinance, no churches o xsing homes shall be located in any residential zone (R-1, Rut, R-3, R-0 and R-5),en cept o the following streets: Broadway, Center Street, HammondStreet, State Street, Stillwater Avenue, Union Street, Mount Hope Avenue (between Howard street and the Hogan Road) in the City of Bangor. (5) Planned Unit Development. (a) Purpose. The City of Bangor, being confronted with increasing urbanization, and acknowledging that the technology of land development and the demand for housing are undergoing substantial and rapid changes, and recognizing the applicability of the ob- jectives set forth in Article L of this Ordinance intends to encourage (L) variety and flexibility in planned development for residential purposes, and eancillary thereto, that a ary toem t those changes in technology and demand test will be cost lotion wick the beat Interests of the entire community; (2) the more efficient allocation and maintenance by private initiative Of c Open spat ancillary to residential fiend (3) the more efficient use of -hose public facilities required in connection with new residential development' and determining this mans of providing for residential and ancillary was to be in the beat interests of the City, does hereby adopt, as provided herein, the principle of planned unit developments for residential development in the "ricultural and Residential zones (A, R-1, R-2, R-3, R-4, R-5). (b) Basic Requirements. Planned unit dev -opine pro shall only be Permitted on a tract of land consisting of not lees than 100 contiguous and proposed to be developed for 50 o e dwelling nits, which tract i under single ownership, and for which anapplication for a planned unit development ie made as hereinafter provided. No building permit shall be issued until the applicant has race ved final appf oval of the proposed planned unitdevelopment as provided herein. (c) Permitted Uses. Uses permitted f a panned unit development may include and shall be Hefted to: (1) dwelling units detached, semi-detached, attached or multi -storied stuuctumes Or any combination thereof (2) non-residential uses of a religious, cultural, recreational and commercial character to the extent they are designed and intended to serve the residents of the planned unit development (3) no commercial use any building developed primarily for a ct®ses at e shall be built o le tablisd prior tothe residential buildings or uses it is designed or intended to serve (d) standards and criteria for Flawed Nnic Development. no plan shall be o nsiscent with the following general atandards for us a of land, and the na type, bulk, design and location of the building, the density or intensity of onand the c open space, the public far ilicies and the development by geographic division Of the site. (1) The plan may provide for a variety of housing types. (3) The total ground area occupied by buildings and structures $hail not extend re 35% of the total ground area ofthe planned unit development. (3) Height of particular bulldi gs shall not be a basis for denial or approval of a plan, provided that any structures in excess of 35 feet shall be designed r planned to be consistent with the reas unable enjoyment of neighboring property and existing public sery _ces. (4) Architectural style of buildings shall t be a basis for denial or approval Of a plan. (5) Non-residential uses of a religious, educational or recreational nature Shall be presented to be designed or intended to be need for the residents of a planned unit development, and the burden shall be on the Planning Board or Objecting parties appearing at the public hearing to show that such use beyond a reasonable doubt will primarily serve persons r$ siding outside the planned unit development. Che burden shall be on the applicant to Show that moureSW ential uses of a commarcial character are intended to serve principally the residents of the planned unit development. NO butld_ng designed orm - ended to be used, In part or in whale, for commeercial purposes shall be constructed prior t0 the construction of not -ass than 90% of the dwelling units proposed in the plan. (6) Any plan that does not propose to increase a vibe[ of dwelling units per acre or otherwise permitted on the property under the zoning for the tract of land in question shall be prima facie Wali - tied for tentative approval insofar a intens iby of use is concerned. The plan may provide for agreater comber of dwelling units per acre their world be permitted by the zoning otherwise applicable to the site, but only if the density and intensity of land use exceeds by more than 507. than permitted by the zoning ctherwiae applicable to the site. The applicant has the burden to show that suet a will not have nundue and adverseimpact on existing public facilities and reasonable enjoyment of neighboring property. eBTte Planning Board, in determining reasonableness of the increase n the authorized dwelling tufts Pe[ acre, shall recognize the increased density may be compensated for by additional private amenities and by increased efficiency in public services to be achieved by (a) the amount, Iemotion add proposed a o of c opes pace and (b) the location, design and type of dwelling units. The Planning Board shall, in its determination, also consider the physical characteristics of the site that my make increased densities appropriate in particular locations. (7) The amount and location of common open spat shall be consistent with the declared function of the c pa open ace aset forth in the applicationfora planned unit development, and there shall be provisions for the ownership and maintenance of the common open apace as to reasonably ensure its continuity and conservation. (9) The plan shall contain such proposals, covenants ants and a r and other pro relating to the untelocation and densitysuch sch residential mite, n - esidential uses and public facilities as are necessary for the welfare of the planned nit development and are not incersistent with the beet interests of the entire city. (9) The Planning Board may designate divisible geo- graphical divisions of the entire parcel to be developed as a planned unit development,and shall, in such case, specify reasonable periods within which development of such section most be commenced, and may permit in each sectio deviations from [he number of dwelling units peracre established for the entire planned unit development, or raided that such deviation shell be adjusted for in other sections of the development that the number of dwelling units per acre authorized for the entire planned suit development is not affected. The period of the entire development and the c t date for each section thereof may be modified from time to time by the Planning Board upon the showing of good cause by the applicant, provided that i case shall any extension of the time a eed Ipo months. The applicant shall make such a ments, covenants and other arrangements and shall furnish such performance bond or bonds as my be determined by the Planning Board to be reasonably required t iure performance In accordance with the plan and to m protect thepublic interest in the event of abandonment of said plan before completion. (10) The uniqueness of each proposal for a planned unit development requires that the specifications for the width and servicing of a and highways, alleys, ways and public util-tiesafor curbs, gutters, sidewalks, e et I ghts, public parka, and playgrounds, schoolgrounda, storm water drainage, water supply and distribution, sanitary sewers and sewage collection and treatment shall be subject to modification from the specifications established in the Subdivision Ordinance of the City of prefer, and as may be assented from time to tim. The Planning Board may, therefore, within the limits hereinafter specified, waive o modify specifications otherwise applicable for a Particular public facility where the Planning Board finds that such speciflcatloms are not required i the interests of the residents of the planned unit development and that the modifications of such speci- fications are not inconsistent with the interests of the entire City. (e) Application for Tentative Approval. Application for Tentative approval of the planned unit development shall be accomplished in accordance with the procedures established under Chapter M of the Ordinances of the City of Bangor, as they my be applicable, for subdivision approval. In addition, the application for tentative apse oral shall include the following: (1) the location and a of the are Involved and the nacre of the landaw a interest in the land proposed to be developed (2) the density of land see to be allocated to pacts of the area to be developed (3) the location, function, ownership and remove of maintenance of common been space (4) the use, approximate height, bulk and Location of buildings and other structures (5) the feasibility of proposals for tie disposition of sanitary wastes and amrnmaters (6) the substance of c name, grants of easements or other restrictions to be proposed upon the a of Land, buildings and structures including proposed ease- ments for public utilities (7) the provisions for parking of vehicles and the location and width of proposed streets and public ways and the relationship of proposed streets and other public facilities similar public facilities in prmlmity to the planned unit development (8) the required modification in the zoning otherwise applicable to the subject property (9) in the case of plane which call for development over a period of years, a schedule showing the b has within which applications for final approval of all par of the planned unit development are tentatively filed. Said application shall also be accompanied by a written statement by the land- owner setting forth the reasons way, in his opinion, the planned unitdevelopment would be in the public interest and scold S consistent with the provisions of Article l of this Ordinance, and with the specified craters escablished under this Subsection. (f) Final Approval. An application for f4ta1 approval shall be filed for all of the land included in a planned unit development with the Code Enforcement Officer within such time as specified i the resolution granting tentative approval by the Planning Board. The applicatior. shall include such drawings, a pacification, co ante, assessments and conditions and form or bond a set forth by resolution at the time of tentative approval. In accordance with the schedule proposed in the application for tentative approval, the applicant may elect to have final approval for only a geographic action o actions of the land included in the plan and may delay, within the time authorized within the resolution, application for final approval of other sections. The burden she 11 be upon the applicant to show the Planning Board good cause for any variation between the plan a tentatively approved and the plan as submitted for final approval. Once the application for final approval has been filed, together with all drawings, specifications and other documents in support thereof, and as required by the resolution for tentative approval, the Flaming Board shall, within thirty (30) days if such filing, giant such final approval, provided that such plan conforms with the requirements of this Ordinance. (6) Townhouse Subdivisions In addition to the other requirements of this Ordinance, townhouse subdivisions shall be subject to the following: (a) all townhouse subdivisions shall be sLbject to review pursuant to Article 23 of this Ordinance (b) all townhouse subdivisions shall be atbject to the requirements of the Subdivision Ordinance of the City of Bangor (c) there shall be no more than eight twnccuses attached in any one series in the subdivision (d) all requirements for front, aide and rear yards, and usable open apace shall apply to the satire structure and shall be as t as required in the zone in which the subdivision is to be located (e) each individual townhouse lot shall contain not less than 1600 square feet and be at least 15 feet wide. Each subdivision shall comply with all other applicable requirements of this Ordinance. (7) Cluster Subdivision. The Planning Board stall allow cluster subdivisions is all residential, zones (R-1, R-2, R-3, R-4, R-5), subject to the fell owing additional requirements: (a) No cluster subdivisions shall be approved unless there is a minimum of 50 residential Lots. (b) Each individual lot in the subdivision shall be a minimm of 5,500 square feet and be a minimum of 5o feet wide. (c) The construction of buildings within the subdivision shall comply with a plan approved by the Planning Board. (d) Twenty-five percent (259,) Of the octal Lot area shall be designated as a common preserved in its natural state and developed for recreational use by the residents of the subdivision. (e) All common areas shalt be accessible to all residents ofthe subdivision. (f) Provision for the continued avaiLai111ty of thea to all residents of the sub- division shall shall be included by means of specific covenants to be included in each conveyance within the subdivision. (g) All cluster subdivisions shall be subject to review pursuant to Article 23 of tiis ordinance. Sec. 3 Height Limitations. (l) Airport Gliding Zone$. No building permit shall be issued by Code Enforcement Officer or approved by the Planning Board for any building or structure which shall violate the provisions of the Federal Aviation Regulations, Part 97, As may be amended, or the height limiting zones as n shown o a plan entitled "Approach and Clear Zone Plan drawing No. G -092-A, sheet no. 2, dated May 15, 1972, made a Met hereof, or "Approach and Clear Zone Profile,", drawing no. G -792-A, sheet n,. 3, dated May 15, 1972, copies of said plans being on file in the Office Of the City Engineer. Sec. 4 Yard Limitations. (1) Visual Clearance On Corset Lots. On a corner lot In any zone ceps the Central Business Zone, in order to provide adequate vehicular visual clearance, no building or structure may be elect", and no vegetation other than shade trees may be placed, grown o maintained between the heights of 3 feet and 10 feet above the curb level or its equivalent within the triangular space formed by two inter- acting street lines or their projections and a line joining pointe on uch street lines located minimum of 20 feet from the point of intersection of street Lot lines. (2) Additional Yard Requirements. In addition to the yard requirements specified for Agricultural and Resident fal Zonee, required setback, side and rear yards for churches, schools, nursing homes, office buildings, public, municipal, Institutional and recreational ad as shall be increased by ten (10) feet, in Agricultural and Residential Zones. (3) Requirements at Zone Boundaries. Where the side lot line of a let in a Central Business (C-4), Commercial Service (C-3), Commercial Development (C-2), Neighborhood Commercial (C -L) or General Industry (1-3) Zone abuts a Lo[ in any Residential or Agricultural Zone, minimum yards are required as ,Coll woe: (a) setback: 20 feet (b) side yard, 20 feet (applies only to the side abutting the Residential or Agricultural Zane) (4) Pont Yard on planned Streets. After the street line of a planned future street is placed on the Official Kap of the City of Barger, buildings thereafter constructed shall be set back from such line as though it were an ordering street line, in accordance with the front yard requirements of the applicable zone. (5) Side Yard Width. Whenever a side yard is adjacent to a street, the regulations for front yard setback shall apply to the side yard. (6) Yard Space for Group Buildings. Mere a parcel of land is to be occupied by more than one c building, other than an accessory building, each principal building Shall be treated a sthough or. a separate lot, unless the planning Board, after site plan [ authorizes a - distributfoa of required yard space in harmmy with the intent add purpose of this Ordinance. (7) Projection of Architectural Features. No provision con- tained herein shall prevent the projection of n a nclosed entrance porches of less than 24 square feet in area, steps, cornices, windowsills, r belt courses into any required yard. Sec. 5 Parking. (1) Off-street Parking Requirements. A na nim:m mmber of off- street parking spaces shall be provided and maintained by the want of every building or property hereafter erected, altered o changed In use, in accordance with the following x cuirements: (a) governmental subsidised low incone heading for elderly: i apsed per dwelling unit (b) other governmental subsidised Low i housing: l space per dwelling unit (c) all other dwellings: lb spaces per dwelling unit (d) boarding honerooming house, tourist home: on apace per guest xoom (a) hotel or motel: me apace per guest room (f) hospital, sanitarium, nursing hone: one space for every four patient beds (g) placeof assembly, such as restaurant, [ r ertaftment o eationfacLity, private club, community center, o church, for which seating capacity red be determined: one apace for every fou eats and every 18 linear feet of bench spaces Such places of assembly for which seating capacity cannot be determined: one apace for every 200 aquae feet of gross floor area. (h) office building:apace for each 300 square feet of gross floor narm (f) retail or service e business: o apace for each 300 square feet o£ grows floor area (j) drive-in business serving food: minimum 15 spaces, other drive-in businesses: minimum 5 spaces (k) wholesale, warehouse business, Industrial plan[: one apace for each is, employees per shift. (2) Parking Ates Location. The location of off-street parking shell comply with the following requirements: (a) All parking spaces shall be located on the same or adjacent let with the principal building o e served, except when such parking spaces cannot bereasonablyprovided an the sure, or edjacenL lot, the planning Board may authorize parklrg on another lot within 500 feet diatoms of the premiaeB to be served by such parking, provided that such lot is held under thesame rship or lea and is located n the e a lessrestrictivezone as the building or use served. (b) in any zone,off-street parking space shall be located closer astreet line, aide lot Sine. o lot Line than nthe minimum d stance in feet indi icated in the following schedule: ZONE MININUK DISTANCE IN FEET FROM: 20 Street Side Rear 10 Line Lot Line Lot Line R-5: 15 5 5 A, R-L,R-2.R-3, R-4, C-1, C-2: 20 5 5 C-3, C-4: 10 5 5 I-1: 1-3: 50 20 20 I-2, C6I, P60: 20 LO 10 1-3: 10 10 10 (3) Construction and Maintermnce. ALI off-street parking sba1L be coted and maintained In accordance with the requirements of the Building Code of the City of Bangor. Sec. 6 Off -Street Loading. (1) Required Leading Spaces. (a) A minimum umber of off-street loading spaces shall be provided and maintained by the owner of any building hereafter erected, altered or changed in use, in accordance with the following schedule: USE GROSS FLOOR AREA SPACES Rotel, Office Building Op to Retail, Service, wholesale, warehouse, industrial use Op to 25,000 L 25,000 to 50,000 2 50,000 to 100,000 3 For each additional 50,000 or fraction thereof L additional Apartment building with 10 or more units 1 (b) Loading spaces provided in excess of the minimum required number, r loading Spac , berths o bays otherwise established shall meet the require- ments of this section. (2) Size of Loading Spaces. Each off-street loading apace shall amply with the foLroving requirements: GROSS FLOOR AREA MINIMUM LENGTH MINIMOM MIYUKUH CLEARANCE OF BUILDING (Sq Ft.) OF SPACE WIDTH OF SPACE OF SPACE Less than 10,000 25 ft. 10 ft. 10 it. 10,000 or more 50 ft. 10 ft. 10 ft. (3) General Requirements. All off-street loading areas shall require approval by the Code Enforcement Officer, and shall comply with the following requirements. (a) All loading spaces shall be designed ac that all vehicles using them shall park or stand completely off the street. (b) Joint use of loading spaces by two or more In a Central Business, Commercial Development, Industrial Park or Airport Zone may be authorized by the Planning Board upon Site Plan Review. (c) AL1 off-street leading spaces shall be on the same or adjacent lot which is beings rvec. (d) Required Leading spaces shall in no case be Part of the area used to satisfy the off-street Parking requirements of this Ordinance. (e) No off-street loading spaces shall be permitted in a front yard or on the side 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 Zone, (f) All outdoor loading areas shall be screened in accordance with Section) of this Article. See. ] Screening. Required screening shall meet the following standards - (1) (1) Type. Screening shall be ace ampllshad by the planting of a hedge or buffer consisting of densely planted shrubs or trees maintained by the o occupant so as to create a attractive s at all times;orby the Installation of a wall, bar, r fence of wood, metal, stone, masonry, or.ether material, uniformly constructed and maintained an as to provide effective visual separation. (2) Location. (a) All off-street parking areas containing five o r parking spaces and all outdoor off-street loading adjoishall have appropriates ening o each side ning or fronting n any Residential., iv and Institutional or Park and Open Space Zone, or any public or private street. (b) Any n - enideat lal use in a Residential Zane shall have ening along each property line abutting a residential use. (c) Any use e in a Commercial or Industrial park Zane shall have screening along each Froperry Use abutting a Residential, Civic and Institutional, or Park and open Space Zone. Sec. 8 Lots Without public Sewer Facilities. The Minimum lot area requirement for any requiring waste disposal facilities and not served bye e municipal a system shall be a per dwelling unit, and shall be further subject to the requirements of 12 M.R.S.A. 14807 at seq., as amended. CRAPTRR VIII ARTICLE 22 - AMNISTRATION AND ENPORC@ffiNT Sec. 1 Administration and Enforcement. The administration and enforcement of this Ordinance shall be the espotm ibility 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 Code Enforcement Officer to enforce Its provisions of this Ordinance. If the Code Enforcement Officer shall find that any pro - Vision this Ordinance Is being violated, he shall notify in writing the person responsible for such violation, indicating the mines 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, stroctures, additions, or work being done, or aha 11 take any other action authorized by this Ordinance to insure compliance with or to prevent violation of its provisions, Sec. 3 Building or Use Permit. (1) All applications for building or use permit=_ shall be submitted in writing to the Code Enforcement Officer n forme provided for the purpose. A use permit shall also be known as a certificate of occupancy. (2) Within seven (7) days of the filing o- an application for a building or use permit, the Code Enforcement Officer shall approve, deny or refer me the Planning Board for special exception, all such applications. his decision shall be in writing on a form designed for the purpose, and communicated cated directly to the applicant. In when the Code Enforcement Officer deems that a special exception i required, he shall's also provide a copy of his decision to the Planning 30ard. (3) No building permit for a building of arrestors on any lot shall be issued except to the owner of -econd thereof, r his authorized agent, until the proposed construction or alteration of a building or structure, shalt creply i all respects with the provisions of trio Ordinance or with a decision rendered by the Board of Appeals or the Planning Beard. Any application for such a permit sialt be see cmpanied by a plan accurately drawn cafe, shoving the actual shape and dimensions of the lot to be built uses, the exact location and size of all buildings ostructures already o e the Lot, and the location of new building$ton be constructed, together with the lines within which all buildings and structures are to be constructed, the existing and intended use of each building or structure and such other information as may be necessary om ary to pride for the execution and enforcement of th In Ordinance. (4) Applications for permits with their accompatying plans and copies of permits1ued shall be maintained as a permanent record by the Code Enforcement Officer. Sec. 4 Fees. No fees shall be charged except as required under the Building Case of the City of Bangor. Sec. 5 Legal Action and Violations. When any vlo:ation of any pt ovisi on of this Ordinance shall be found to tet, 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 or in equity, that may be appropriate or necessary c obtain compliance with the provisions of this Ordinance Inthe mme of the City of Bangor. Sec. 6 Penalties. In an ensuing action at Law, any person, firm, or corporation being the of or basing control we or e of any building or premises whichis adjudged to be in violation of any of the provisions of this Ordinance, ebal- be guilty of a misdemeanor and o iction shall be fined not less than $10.00 nor e than $100.00. Each day such a violation is permitted to exist after notification shall constitute a separate offense. CHAPTER VIII ARTICLE 23 - SPECIAL EXCEPTIONS AND APPEALS Sec. 1 Special Exceptions. The Planning Board 1s hereby authorized and directed to hear and decide upon applications for special exceptions In accordance with the requirements of this Ordinanceand the law of the State of Maine. No special exception shall be granted unless specific provision therefor is made in this Ordinance. All special exceptions shall be subject to Site Plan Approval. (I) Site Plan Approval. When reviewing any site plan for approval, 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 purpose of this Ordinance: (a) Location and arrangement of off-street parking and leading areas and their appurtenant drives andmaneuvering ing areas (b) Location of access drives t vthe lot from the street, including in the c of corner lots, the possible limitation of access from one street only (c) Drainage channels (d) Location of areas of outdoor display and storage (e) Location, intensity, type, size and direction of outdoor lighting (f) Location of accessory structures (g) Screening (h) Landscaping of unpaved areas or other treatment of the site (I) Location of a building Insofar as it directly affects any of the features listed some . (�) Effect on the scenic of natural Saauty of the a esthetics, historic sites or rare and irreplaceable natural areas (k) when o situated, in whole n part whenever feet of any pond, Like, river, stream or tidal waters, will not adversely affect the quality of such body of water unreasonablyor affect the shoreline of such body of water (2) Application Requirements. Any application for a special exception shall include such information as may be required by the Code Enforcement Officer or the Planning Board, and shall also becaccompanied by three (3) copies of a site plan ata scale sufficient to permit the Planning Board to study all elements of the plan. The site plan shall clearly show the fallowing: (a) Scale (b) Streets and property lines (c) Outlines of all buildings, showing the number of stories, location of access and proposed uses (d) Layout and location of off-street parking and loading spaces and of access drives and vehicular maneuvering areas (e) Location and slue of freestanding signs, gasoline pumps and similar structures (f) Location, intensity, type, sive And direction of floodlights or other outdoor illumination (g) Location and type of screening (h) Landscaping (1) Topography ata contour interval adequate to show the effect upon adjacent property (j) Indication of whether the above features are fisting or proposed (k) Adjacent building outlines and stoat out- standing features within 200 feet of the site as reasonably required by the Board (3) Application Procedure. Any person requiring a special exception shall first file a application for s uch purposes together with all required site plane, withthe Code Enforcement Officer. The Code Enforcement Officer shall Immediately refer the application together with all site plane to the Chairman of the Planning Board for consideration by the Board, as provided herein. Before taking any action on the application, the Planning Board shall hold a public hearing. The Board shall notify by certified mail, the owners of all property within 500 feet of the exterior boundaries of the property involved, a least ten (10) days in advance of the leaving, of the nature Of the application, the time and place of the public hearing, in accordance with the following: (a) Theof the property shall a considered to beOwners those against whom taxes are assessed. Failure of any person owning property within said 500 feet to receive a notice of public hearing shall not necessitate another hearing or validate any action by the Planning Board. (b) Following the filing of an application for a special exception, the Planning Board shall hold a public hearing on the applcatLon within sixty (60) days. The Planning Board shall notify the Code Enforcement Officer, Planning Director, City Council and the Board of Appeals, at least twenty (20) daysnn adva of the time and place of the hearing and shallpublish notice of the hearing at least ten (lo) days in advance newspaper of general circulation In the area. (c) At any hearing, a party may be represented by a agent or attorney. Hearings sha_I act be continued to another time except for good cause. (d) The Code Enforcement Officer, or his designated agent, shall attend all hearings and mays enc to the Planning Board all plans, photograohaor other materials he deems appropriate for an under- standing of the application. (e) The applicant's case shell be heard first. To an liable orderly procedure, each side shall proceed without interruption. Question 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 no public hearing, the Planning Board shall reach.. a_declalon on the requested special exception, and shall inform, in writing, the applicant% the Code Enforcement ]££Icer, the Planning Director and the City Council of Its decision. (g) Upon notification of the decisioi of the Planning Board, the Code Enforcement Officer, as instructed, shall immediately issue with any conditions prescribed by the Board, or deny a building pewit. (h) A special exception secured under the provisions of this Ordinance by vote of the planning Board shall expire if the work or change involved is not commenced withia one (1) year of the dateon whichsaid special exception is granted, and if the work or change in not substantially ompleted within two (2) yes of the date on which said special exception is granted. (4) Special 8xception Standards. In passing on any application for a special exception, the Planning Board shall grant said application subject to the fallowing: (a) The requirements of the sure iu which the property in question is Located. (b) The applicable requirements of Article 21 of this Ordinance. (c) The applicable requirements of Site plan Approval. Sec. 2 Appeals. (I) Board of Appeals Established. Inaccordance with 30 M.B.SA. 192411, 4963 and act$ amendatory thereto, a Board of Appeals is hereby established in the City of Bangor. The word "Board" when used In this Section shall be construed to mean the Board of Appeals. (a) Appointment and Composition. The Board of Appeals shall be appointed by the City Council and shall c ist of five (s) members, all of whom she It be legal residents of the City of Bangor, serving staggered terms of five years. Initial appointment shall be for one, two, three, four and five years respectively. The Board shall annually elect a chairman and secretary from Its 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 shall be a public record. Aquorum shall consist of three (3) members. 2. Neither a munici pal officer nor his spouse may serve as a member of the Board of Appeals. 3. Any question of whether a particular issue involves a conflict of interest sufficient to disqualify a member from voting thereon, shall be decided by a majority vote of the members there present, except the member who is being challenged. 4. A member of the Board may be dismissed for cause by the City Council upon written charges after public hearing. (b) pmrers and Duties. 1. Administrative Appeals. To hear and decide where it is alleged there is an error in any order, requirement, decision or determination made by the Code Enforcement Officer in the enforcement of this Ordinates.The action of the Cade Enforcement Officemay be modified or reversed by the Board of Appeals, by c ingvote of at m least four embers of the Board. 2. Valiance Appeals. To hear and decide, upon appeal, in specific cases where a relaxation of the terms of this Ordinance would not be contrary to the public interests and where, owing to cwtlltions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this Ordinance would result is unnecessary hardship. A financial hardship shall notconstitute grounds for granting a variance. Before the Board my exercise its discretion and grant a variance upon the ground of unnecessary hardship, the record must show that (1) the land in question cannot yield a reasonable return if used only for a purpose allowed in that zone; (2) that the plight of the Owner is doe Piqua rreua tances and not t the general conditions in the neighborhood which may reflect the unonableness Of the zoning ordinance itself; and that the use t0 be authorized by the variance will not alter the essential character of the locality. The Board of Appeals shall grant a variance only by < - ing vote of at least four members and fo so doing, my prescribe conditions and safeguards as are appropriate for carrying out the intent add purposes of this Ordiosace. (2) Appeal Procedure. In all cases within the Board's jurisdiction, a person aggrieved a decision of the Code Enforcement Offace shall resonance his appeal within thirty (30)days after the decision on any matter. The appeal may be filed with the Board of Appeals on forms approved by the Board, and the aggrieved person shall specifically set forth the ground and basis for the appeal. (a) Before taking any action on any appeal, the Board of Appeals shall hold a public hearing. to appeals volving the use of buildings, promisee the Board of Appeals shell notify by certified moll the owners of all property within 500 feet of the exterior boundary lines of the property involved, at least n (10) days in advance of the hearing, of the nature of the appeal, and of the time and place of the public hearing. (b) In the case of appeals involving space and bulk regulations or interpretation, the Board of Appeals shall notify by certified mail all of the owners of all property within 500 feet of the .property for which anappeal is taken, at least ten (10) days 1n e advfl of the hearing, of the nature of the appeal and of the time and place of the public hearing thereon. For purposes Of this Section, abutting properties shall include properties directly across the street or water body from the property for which the appeal is taken. (c) The owners of property shall be considered those against wham taxes a sed. Failure of the property owner to receive notice of public hearing shall not necessitate another hearing nor invalidate any action of the Board of Appea:b. (d) Following the filing of an appear, the Board of Appeals stall hold a public hearing on the appeal within thirty (30) days. The Board of Appeals shall notify the Code Enforcement Officer, the Planning Director and the City council, at least twenty (20) days in advance, of the rime and place of the hearing, and shall publish notice of the hearing at least ten (10) days in advance in a news paper of general circulation in the area. (e) At any hearing, a party may be represented by an agent or attorney. Hearings shall not be continued to other times except for goad cause. (f) The Code Bnforcemen[ Officer, or his designated agent, abell attend all hearings, and my present to the Board of Appeals, all plans, photographs or other materials he deems appropriate for an understanding of the appeal. (g) The appellant's case shall be heard first. TO maintain orderly procedure, each side shall pro- ceed without interruption. Questions may be asked through the chair. All persona at the heating shall abide by the order of the chairman. (h) Within twenty (20) days of the public hearing, the Board of Appeals shall reach a decision on the appeal and shall inform, iwriting, the appellant, the Code Before emeat Officer, the Planning Board, the Planning Director, add the City Council of its decision. (i) Upon notification of the granting of an appeal by the Board of Appeals, the Code Enforcement Officer shall mediately issue a building permit in accordance with the conditions Of the approval. (J) A variance of the provisions of this Ordinance secured by the vote of the Board of Appeals shall expire if the work or change involved i not contded within six (6) months of the date o which the appeal is granted, and if the work o change is not substantially completed wf[hio two (2) years of the date on which the appeal is granted. Sec. 3 Further Appeals. Further appeals my be taken from any action of the planning Board or tfe Board of Appeals, within thirty (30) days after the decision is rendered, by any petty, including the Bangor City Council, to the Superior Court from any order, relief or denial in accorcance with Rule 803, Maine Rules of Civil procedure.