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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.