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Home My WebLink About1969-01-13 60-W ORDER6o -w Introduced by Conaclor afc"y by request. Tan. 13, 1969 CITY OF BANGOR (TITLE.) MrDBrf......... Restrictive Covenants - Bangor International Airport ......... .. ... _... By the City Coaxil of the City ofBanwr: ORDERED, THAT the Restrictive Covenants Controlling the Development of Municipally -Owned Lands at Bangor International Airport, attached and made a part of this order, be applied to all leases and sales of property in the Airport zone. 60-W \969 �QN 9$ of r O R D E R \jV Gl U s Vf�^. - Title, IN CITY COUNCIL„ AB ecr ve Coyenents Jan. 13, 1969 Tabled x rnation Ai ... nt. n..........?Pore................. Y CIJeN Introduced and filed by IN CITY COUNCIL San. 27, 1969 Taken from tabled, PASSED •COWTan CLERK RESTRICTIVE COVENANTS CONTROLLING DEVELOPMENT OF MUNICIPALLY - GAINED UND5 AT BANGOR INTERNATIONAL AIRPORT December 1968 6pecific Condition9 1. Improvements A. Specifications All lessees and sublessee$ $hall submit to the lessor a Site plan showing the location of improvements on she proposed site. Any construction or remodeling, as well as the site plan, must be approved by the lessor forsaid locations. The ratio of total ground floor area to the site lleased shall be fixed by the lessor but shall not be less than t to 25. B. Reight Improvements erected on the property subject to this lease shall not exceed 45 feet in height or the maximum height permissible under FAA Technical Standard Order N-18, which, f be the lessen{ provided however, that water towers or tanks, standpipes, penthouses or structures for housing elevators elevator equipment, stairways, ventilating fan Or similar equipment required to operate and maintain the building4 fire and walls, skylights, tanks, cooling or other towers, wireless radio or TV masts, flagpoles, chimneys, smoke stacks, gravity flow storage and/or mixing towers or similar structures may exceed the 45 foot height limitation, but not exceed height limitations prescribed in FAA Standard Order N-18, but only with prior written approval of the leaser in each C. Building Ser -Backs No structure or part thereof, including receiving right -Of -way and abipping� p.a tNorst shall be within 55 feet of the reserved rrght-of-way of adjacent roadway, r within 20 feet of the property line of another 1 or site. the lessor reserves the right to construct, relocate and maintain below -ground dra and utility lines between the rigbt-of way and building set -back .lines and. to maintain excisting mer lines, storm drains, and utility services on .lessee's property. + Nhen approval of plans and specifications is required, this shall mean approval by the Airport Development Board, composed of the following: City Manager, Airport Manager, Development Director, Planning Director City engineer and Chairman of the City Counc-l's Airport Committee. Paved aprons may be used for parking and other u not with other provisions of these covenants except that at the the control tower or airport manager, all obstructions, incl vehicles and planes, shall be cleared expeditiously to an at the set -back lines or as designated. D. Signs / 1. All signs shall conform to applicable requirements of Bangor's Sign Ordinance. 3. No billboards or advertising signs shall be permitted. 3. Business signs identifying the name, business, and products of the person or firm occupying thepremises shall be permitted: and each installation must be approved in advance in waiting by the lessor before its installation. No signs may beeected, which through illumination at night or glare during the day, c eater a hazard for aircraft or vehicles. No sign shall project above a parapet or five feet above the roof line. Signs shall not exceed two (I) in number per parcel nor exceed a combined total area inexcess of four hundred (400) square feet except that no sign shall e exceed inarea a than IM of the gross wall surface on which it is placed. E. Fire and Safety Hazards No business or activity shall be permitted vlthtn the promisee here demised which shall increase the fire hazard on adjoining Property as meared by the fire i rating applicable to such adjoining property with e and without the businessor activity in question being carried on in che premises here demised. P. Basements All improvements with regard to access roads, underground piping, wires or other overhead and underground utilities must be approved prior to their construction by the lessor. The plane for the mentioned improvements Met be submitted prior to construction to the lessor. Lea shall t, p without prior written consent of the lessor, constrict om permit construction of any railroad track or other utility upon the premises and no railroad company or other utility shall be allowed to use any track or right of way now or hereafter upon or extending to any per of lessee's premises without the permission in writing of the lessor. Access roads to lessee's premises from main roadways shall not have a combined width greater than 50 lineal feet. G. Landscaping and Grounds Care Plans for the landscaping of the site most be submitted to the lessor for approval prior to construction. No building or structures above or over the ground shall extend beyond the permitted building line.. The area between the building lines and the property lines is to be used either for open landscaped and green areas r for off-street surfaced parking areas; however, parking will notbe permitted in the front setback area. If the area is to be used for off-street parking, the parking arrangements and surfacing moat be approved in advance i writing by the les If thea a 1s to be landscaped, it shall be done attractively with dawn, treeseand shrubs. Any landscaped areas shall be properly maintained thereafter in a sightly and well kept condition. H. Loading Docks No receiving and/or shipping platform shall be installed on the front of a building or structure located in the demised premises. The number and actual size of loading docks shall be determined in connection with the building plans or improvements approved by the lessor. L Storage No materials or supplies shall be stored or permitted for on any part of the property outside the buildings constructed thereon except if necessary, such material may be stored outside the buildings,. with the joint written consent of the lessor and the lessee, but only if said material is screened from view. Any finished products orsemi- finished productsstored on the property outside of said buildings shell be confined to the rear of the property, but shall in no instance be placed on hat side of the building parelleling an existing or proposed main roadway. Fuel oil, solid, liquid, or gas storage tanks or can rafters as part of the heating equipment of any building or structure, are only permitted if stored underground. 3. Parking Every site shall have anoff-street parking a The plans for parking must be approved a stated previously in section 1-F. The umber of off-street parking facilities to be provided for any given building shall not be less than I for every 2 employees during the peak period of operation plus necessary customer parking, the exact umber to be established by thelessor in connection with its review of the proposed installations. Customer parking shall be specifically designated. No noxious or offensive trade oractivity shall be carried on, nor shall anything be done thereon which my become an annoyancenuisance to the area by reason of unsightliness or the excessive emission of odors, dust, fames, smoke, o noise. Exception may be made in usual circumstances for a short duration only with the prior and written consent of the lessor and the leasee. j B. Smoke Nuisance No smoke shall be emitted from any installation on the demised premises which has a density equal to or greater than R2 on the Ringelaan Chart. Exception may be made in unusual circumstances for a short duration only with the prior and written consent of the lessor and lessee. C. Light and Clare Operations which produce glare and heat shall be conducted inside a building or ifoutside a building, in an area which will be effectively screened from the view of users of adjoining property, vehicles, and operating aircraft. D. Waste Material 1. No waste material or refuse shall be dumped upon or permitted to remain upon any part of any property outside of the building Cana true to thereon. An industry whose process of manufacture produces industrial este, including but not limited to corrosive, inflammable and adio- active materials, shall provide for the treatment and effective dtyyy L of such waste under conditions prescribed by the lessor. / o 5. Uses / Any industry which is judged suitable and. in keeping With the intent and purpoea of both the Boeing Ordinance and the development plan of the airport by the lessor may be allowed/ However, generally "preferred" and "prohibited" uses are herewith defined ttrough reference to the standard Industrial Classification Manual Executive Office of the President - Bureau of the Budget - 1957 as follows: 4 A. Preferred Uses B. Prohibited Uses Other uses specifically prohibited under "The Zoning Ord iva9ts- The City of Bangor, Maine. 6. Amendments The cants, conditions, reservations, and instructions created herein and each subde subdivision thereof mayberwaived, abandoned, terminated, modified altered, o changed with the concurring written cent of the lessor, the lessee, and not less than two-thirds of the lessees. Definition of terms 1. Site shall menany lot, or portion thereof, or two a r contiguous Lots nportions thereof, or a parcel of land upon witted an industry and appurtenant structures may be erected In conformance with the requirements of mese covenants. M 2. improvements shall m any structures and facilities such as lewd, parking areas, badges, etc• erected either above or below ground level. 3. Building line or lines shall mean the minimum distance which r - manufacturing or industrial buildings and outbuildings or any structures of any type or kind located above ground shall be set back from the property or street lines. 4. Property lines shall mean the boundary dividing No adjoining building sites. 5. Accessory use shall mean a use or structure on the same lot. 6. Lessor shall mean 1 y of r,AN6dk 7H2ud" rn q 41CP6kT DFAI ]. Lessee shall mean