Preapplication meeting.

Map amendment (zoning change). An amendment to the district designation established pursuant to this chapter shall be initiated by the completion and filing of a form for such purpose with the Planning Division, City Hall, Bangor, Maine, together with an application processing fee in such an amount as may be established from time to time by the City Council by Council order. The format and number of copies of the form submitted shall be as set by the Staff Coordinator. The application processing fee is in addition to any advertising fee which may also be established by the City Council. If the applicant voluntarily proffers, in writing, reasonable conditions or restrictions under contract zoning, a list of all such proposed conditions or restrictions shall be included with the application form. Any applicant for such change in district designation must have standing as an applicant under the provisions of this chapter for the area subject to such change request.

Text amendment (amendment to the Land Development Code). Amendments to this chapter shall be initiated by request of the Planning Board, the City Council or the City Manager.

Said notice shall include, but not be limited to, the following information:

Said notice shall be posted in City Hall at least 13 days prior to the public hearing and shall be published twice in a daily newspaper of general circulation in the City of Bangor. The first publishing date shall be at least 12 days in advance of said hearing and the second one at least seven days. For map amendments, said notice shall also be sent by United States Mail to all persons initiating the proposed amendment and to all persons owning abutting property and/or within 100 feet of the exterior boundaries of the real estate to be affected by said proposed change. Notice of any proposed map amendment being processed under the contract zoning provisions of this chapter shall also comply with the requirements of 30-A M.R.S.A. § 4352, or successor statutes, as the same may from time to time be amended. For purposes of the notice required hereunder for map amendments, the owners of property shall be considered to be those against whom taxes were assessed on the prior April 1. Failure of any person owning property within said 100 feet to receive notices provided herein shall not necessitate another hearing nor invalidate any action by the Planning Board or the City Council.

Text amendments shall also comply with the applicable provisions of 30-A M.R.S.A. § 4352.

Be consistent with the Comprehensive Plan of the City of Bangor, as amended.

Be consistent with the existing uses in the area and permitted uses within the original zoning district.

Only include those conditions and restrictions which relate to the physical development or operation of the property and not to its land use.

Be subject to an agreement by authorized representatives of both the property owner and the City providing for the implementation and enforcement of all terms and conditions imposed and agreed to by the parties pursuant to this section.

Limitations on the intensity and extent of the uses permitted in the district on the subject property.

Limitations on the height, floor area and lot coverage of any structure or structures built on the property.

Increased setbacks and minimum yard dimensions for any structure or structures built on the property.

The installation, operation and maintenance of physical improvements for the convenience of the general public, including but not limited to off-street parking lots, traffic control devices, fencing, plantings and landscaping.

The creation, operation and maintenance of open space areas or buffer zones.

The dedication or conveyance of property for public purposes, including but not limited to streets, scenic and conservation easements, parks and utility systems.

For the purposes of this chapter, the City of Bangor is hereby divided into 21 districts to be designated as follows:

For the purposes of this chapter, the City of Bangor Zoning Map may include overlay districts that provide additional development regulations in addition to the underlying zoning designation. The Overlay Districts shall be designated as follows:

Boundaries indicated as approximately following the center lines of streets, highways or alleys shall be construed to follow such center lines.

Boundaries indicated as approximately following well-established lot lines shall be construed as following such lot lines.

Boundaries indicated as approximately following municipal limits shall be construed as following municipal limits.

Boundaries indicated as following shorelines shall be construed to follow such shorelines and in the event of natural change in the shoreline shall be construed as moving with the actual shoreline. Boundaries indicated as approximately following the center line of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such center lines.

Boundaries indicated as being parallel to or an extension of features indicated in Subsection C(1) through (4) above shall be so construed. Distances not specifically indicated on the Zoning Map shall be determined by the scale of the map.

Where physical or cultural features existing on the ground are at variance with those shown on the Zoning Map or in other circumstances not covered by Subsection C(1) through (5) above, the Planning Board shall interpret the district boundaries.

Where parcels under the ownership of one entity are divided by zoning district boundaries in such a manner as to apparently bisect principal use structures, the use provisions of the less restrictive district shall apply to the whole structure.

The development standards and use conditions of the district in which the property in question is located have been complied with. Conditional uses which also require a variance of development or other standards shall not be granted.

The proposed use will not create unreasonable traffic congestion or hazardous conditions on contiguous or adjacent streets.

The proper operation of the conditional use will be ensured by providing and maintaining adequate and appropriate utilities, fire protection, drainage, parking and loading and other necessary site improvements.

The proposed use, although not appropriate for every site in the zone, is appropriate for the location for which it is sought because the proposed use will conform to the general physical development pattern of the immediate area as to architectural style, building bulk and extent, and intensity of site use. As to architectural style, the applicant must show that the proposed structure conforms to the exterior facade, rooflines, shape, and materials used on buildings in the immediate area. As to building bulk, the applicant shall cause their proposed building to conform to the height and the existing ratio of land area to building area for other properties in the immediate area. For purposes of this chapter, the term "immediate area" shall include all properties located within the same block and within 500 feet of the site of the proposed use.

An application for a conditional use shall be filed with the Staff Coordinator. The format and number of copies of the application submitted shall be as set by the Staff Coordinator. The applicant shall also pay an application processing fee in such an amount as may be established from time to time by the City Council by Council order. This application processing fee is in addition to any advertising fee which may also be established by the City Council. The Code Enforcement Officer, Planning Officer, City Engineer, and other staff as appropriate shall examine the application for technical compliance with the terms of this chapter. If the application complies, the Planning Officer shall place the application on the agenda of the Planning Board at its next regularly scheduled meeting which allows for the necessary notices to be given as outlined below.

An application for conditional use must include a site plan and elevation drawings in sufficient detail to illustrate the feasibility of meeting all standards and site development features pertinent to review of the application. The Planning Division may request such additional information as it deems necessary in reviewing such an application.

Upon a finding of technical compliance by staff, the Planning Officer shall set a date for the public hearing and shall give notice to all property owners within 500 feet of the exterior boundaries of the property involved, at least 10 days prior, of the time and place of the hearing and shall place a public notice of the hearing, at least 10 days prior, in a newspaper of general circulation in the City of Bangor. The owners of the property shall be considered to be those against whom taxes were assessed on April 1 prior to the application. Failure of any person owning property within 500 feet of said property to receive notice of public hearing shall not necessitate another hearing nor invalidate any action by the Planning Board.

At the hearing, any person may be represented by an attorney or other representative. The hearing shall not be continued to another time except for good cause, and, if so requested by the applicant, all advertising costs shall be borne by the applicant.

Within 20 days after the public hearing, the Planning Board shall vote to deny, approve, conditionally approve or approve with modifications the requested conditional use; provided, however, that no conditional use shall be approved unless it receives a majority of affirmative votes of the Planning Board members (i.e., four votes). The Board shall then inform the applicant, the Staff Coordinator and the Code Enforcement Officer of its decision in writing.

No change shall be made to a property approved for a conditional use that would cause the property to fail to comply with the details of the Board's approval under the standards of § 165-9A, unless approved by the Planning Board through a review of the changed conditional use.

Minor revisions. Notwithstanding § 165-9C(1), the following changes may be requested as minor revisions pursuant to § 165-116:

Conditional uses which are discontinued for more than 12 consecutive months are deemed abandoned.

No conditional use shall be finally approved by the Planning Board unless and until an application and plan thereof have been submitted to and approved by the Planning Board in accordance with Article XVI of this chapter. The applicant for a conditional use may submit an application and plan with or subsequent to the application for conditional use approval. The Planning Board may approve a conditional use upon the condition that the applicant receive a land development permit.

Upon failure to obtain land development permit approval within 60 days of conditional approval of a conditional use, such conditional approval shall expire and the conditional use shall be deemed to be denied; provided, however, that a majority of the Planning Board may vote, for good cause shown, to extend the conditional approval to a date certain by which time the applicant must receive land development permit approval.

All applications for building permits shall be submitted, in writing, to the Code Enforcement Officer on forms provided for that purpose.

Within 10 days of the filing of an application for a building permit, the Code Enforcement Officer shall approve, deny or refer to the Planning Board for approval all such applications. Their decision shall be in writing on a form designed for such purpose and shall be communicated directly to the applicant. In cases where it is concluded that a conditional use approval is required, the Code Enforcement Officer shall also provide a copy of their decision to the Planning Division and the Planning Board.

No building permit for a building or structure on any lot shall be issued except to the owner of record thereof, or their authorized agent, and no construction or alteration shall commence until the proposed construction or alteration of a building or structure shall comply in all respects with the provisions of this chapter or with a decision rendered thereunder by the Board of Appeals or the Planning Board. Any application for such a permit shall be accompanied by a plan, accurately drawn to scale, showing the actual shape and dimensions of the lot to be built upon, the exact location and size of all buildings or structures already on the lot and the location of new buildings to be constructed, the number and arrangement of off-street parking spaces, together with the lines within which all buildings and structures are to be constructed, the existing and intended uses of each building or structure and such other information as may be deemed necessary to provide for the proper execution and enforcement of this chapter. A plan need not be submitted for accessory structures and minor additions to existing buildings unless deemed necessary by the Code Enforcement Officer.

Applications for building permits with their accompanying plans and copies of permits issued shall be maintained as a permanent record by the Code Enforcement Officer.

No nonconforming use shall be maintained, renewed, changed or extended without a certificate of occupancy having first been issued by the Code Enforcement Officer pursuant to the provisions of this chapter.

All certificates of occupancy shall be applied for coincident with the application for a building permit. Upon project completion, such certificate shall be issued within 10 days by the Code Enforcement Officer, provided that they determine that the erection or alteration has been constructed in accordance with this chapter and the Building Code of the City of Bangor.[1]

The Code Enforcement Officer shall maintain a record of all certificates of occupancy, and copies shall be furnished, upon request, to any person having a proprietary or tenancy interest in the building affected.

Standards for digital plans and the method of their submission shall be as required by policy approved by the City Engineer.

If an applicant is unable or unwilling to provide digital plans, the applicant may instead provide the City with hard copies of the plans, along with a fee for City staff to scan the plans. Said fee shall be as laid out in the Schedule of Fees adopted pursuant to Chapter 109.

As-built plans must include all elements and features shown on the final approved subdivision plan, site plan, or other plan. As-built plans must be drawn to scale.

Additional standards for digital as-built plans shall be as required by policy approved by the City Engineer.

Before the Board may exercise its discretion and grant a variance upon the grounds of unnecessary hardship, the record must show that:

The Board of Appeals shall grant a variance only by concurring vote of at least four members and, in so doing, may prescribe any conditions and safeguards as are appropriate for carrying out the intent and purpose of this chapter. The Board shall not hear within any twelve-month period more than one variance application requesting the same relief.

No variance granted under this subsection is valid until a certificate detailing the contents of the variance has been recorded in the Penobscot Registry of Deeds in accordance with the requirements of 30-A M.R.S.A. § 4353.

The Board of Appeals shall hear and decide upon appeal requests for variance in specific cases where a relaxation of the setback requirements of this chapter would not be contrary to the public interests and where, owing to conditions peculiar to the property, a literal enforcement of this chapter would result in practical difficulty. Such practical difficulty variances may only be granted to properties situated in the URD-1, URD-2 and M & SD Zones to replace legally nonconforming structures, provided that there is no additional encroachment into the required minimum yards. Before the Board may exercise its discretion and grant a variance upon the grounds of practical difficulty, the record must show that:

No variance granted under this subsection is valid until a certificate detailing the contents of the variance has been recorded in the Penobscot Registry of Deeds in accordance with the requirements of 30-A M.R.S.A. § 4353.

The Board may grant a variance to an owner of a dwelling for the purpose of making that dwelling accessible to a person with a disability who resides in or regularly uses the dwelling. The Board shall restrict any variance granted under this subsection solely to the installation of equipment or the construction of structures necessary for access to or egress from the dwelling by the person with the disability. The Board may impose conditions on the variance, including limiting the variance to the duration of the disability or to the time that the person with the disability lives in the dwelling. For the purpose of this subsection, a disability has the same meaning as a physical or mental disability under 5 M.R.S.A. § 4553-A, and the term "structures necessary for access to or egress from the dwelling" is defined to include railing, wall or roof systems necessary for the safety or effectiveness of the structure.

No variance granted under this subsection is valid until a certificate detailing the contents of the variance has been recorded in the Penobscot Registry of Deeds in accordance with the requirements of 30-A M.R.S.A. § 4353.

Any applicant for a disability variance shall not be required to pay any application fee as part of their application.

A "reasonable accommodation" is a change in some rule that is generally applicable so as to make its burden less onerous on the handicapped individual.

An accommodation is not reasonable if it would require a fundamental alteration in the nature of zoning or it would impose undue financial or administrative burdens on the City of Bangor.

Any applicant for a Fair Housing Act reasonable accommodation shall not be required to pay and application fee as part of their application.