Bangor City Zoning Code
PART 2
General Requirements
§ 165-12 Word usage.
A.
In this chapter, certain terms or words shall be interpreted as follows:
(1)
The word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual.
(2)
The present tense includes the future tense.
(3)
The singular number includes the plural, and the plural includes the singular.
(4)
The word "shall" is mandatory, and the word "may" is permissive.
(5)
The word "building" includes the word "structure," and the word "dwelling" includes the word "residence."
(6)
The word "lot" includes the word "plot" or "parcel."
B.
In the case of any difference of meaning or interpretation between the text of this chapter and any map or illustration, the text shall control.
C.
Terms not defined shall have the customary dictionary meaning.
§ 165-13 Definitions.
[Amended 1-11-1993 by Ord. No. 93-59; 10-24-1994 by Ord. No. 94-439; 11-14-1994 by Ord. No. 94-456; 2-27-1995 by Ord. No. 95-105; 9-14-1998 by Ord. No. 98-339; 12-27-2000 by Ord. No. 01-61; 9-9-2002 by Ord. No. 02-321; 11-13-2002 by Ord. No. 02-367; 11-22-2004 by Ord. No. 05-08; 12-12-2005 by Ord. No. 06-23; 6-26-2006 by Ord. No. 06-227; 10-23-2006 by Ord. No. 06-339; 4-9-2007 by Ord. No. 07-97; 3-24-2008 by Ord. No. 08-115; 8-11-2008 by Ord. No. 08-250; 9-8-2008 by Ord. No. 08-286; 5-27-2009 by Ord. No. 09-143; 7-13-2009 by Ord. No. 09-220; 1-25-2010 by Ord. No. 10-049; 9-13-2010 by Ord. No. 10-292; 10-13-2010 by Ord. No. 10-336; 3-26-2012 by Ord. No. 12-096; 5-13-2013 by Ord. No. 13-105; 5-28-2014 by Ord. No. 14-136; 12-14-2015 by Ord. No. 16-013; 10-12-2016 by Ord. No. 16-364; 1-9-2017 by Ord. No. 17-055; 3-13-2017 by Ord. No. 17-082; 3-13-2017 by Ord. No. 17-096; 5-8-2017 by Ord. No. 17-146; 12-11-2017 by Ord. No. 17-378; 12-11-2017 by Ord. No. 17-380; 12-11-2017 by Ord. No. 18-031; 12-27-2017 by Ord. No. 18-042; 3-12-2018 by Ord. No. 18-107; 4-23-2018 by Ord. No. 18-151; 9-10-2018 by Ord. No. 18-315; 9-10-2018 by Ord. No. 18-337; 3-11-2019 by Ord. No. 19-104; 3-11-2019 by Ord. No. 19-105; 4-23-2019 by Ord. No. 19-138; 11-13-2019 by Ord. No. 19-416; 12-23-2019 by Ord. No. 20-017; 1-13-2020 by Ord. No. 20-043; 4-27-2020 by Ord. No. 20-098; 7-12-2021 by Ord. No. 21-210; 5-9-2022 by Ord. No. 22-178; 6-27-2022 by Ord. No. 22-214; 10-12-2022 by Ord. No. 22-329; 10-24-2022 by Ord. No. 22-347; 10-24-2022 by Ord. No. 22-348; 10-24-2022 by Ord. No. 22-349; 6-12-2023 by Ord. No. 23-154; 8-28-2023 by Ord. No. 23-245; 10-23-2023 by Ord. No. 23-307; 10-23-2023 by Ord. No. 23-308; 3-11-2024 by Ord. No. 24-089; 6-12-2023 by Ord. No. 23-154; 9-23-2024 by Ord. No. 24-279]
For the purpose of interpreting this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein:
See "structure, accessory" and "use, accessory."
The use of land and structures for soil tillage, for the production of crops, dairying, pasturage, agriculture, horticulture, floriculture, raising of fur-bearing animals and animal and poultry husbandry and accessory uses, except that agriculture does not include the cultivation of marijuana.
A change or rearrangement in the structural parts or in the means of egress; or an enlargement, whether by extending on a side or by increasing in height; or the moving of a structure from one location or portion of a lot to another.
A facility for diagnosis and treatment of animal outpatients. No boarding or hospitalization overnight shall be allowed, except in the case of emergency situations.
A facility for diagnosis and treatment of animals, outpatient and inpatient. Animals may be kept on the premises for the purpose of treatment.
A structure containing more than two dwelling units.
Any person, partnership or entity having standing to apply for a review or approval required or provided under this chapter. In order to have standing under this chapter, an applicant must have a legal interest in any land, parcel, site or development subject to any action by the City of Bangor under this chapter. Such interest must be either fee simple ownership, holder of a valid, enforceable contract (or option agreement) to purchase or a long-term (10 years or longer) exclusive leasehold. Applicants may designate others to represent them in any application under this chapter and will do so in writing if requested by the Code Enforcement Officer or the Planning Officer. The terms "owner," "subdivider" (in regard to subdivision applications) and "licensor" (in regard to mobile home park applications) are interchangeable with the term "applicant" unless the context clearly indicates otherwise.
A complex of residential structures consisting of individual self-contained dwelling units and/or accessory use structures which are joined by a common wall but which are accessible only directly from the out-of-doors and not through the interior of other joined units.
A yard, field or other area used as a place of storage for three or more unserviceable, discarded, worn-out or junked motor vehicles.
Any use of a building or land for the sale, rental, service, repair or storage of motor vehicles or parts thereof.
A place where one or more of the following automotive uses and/or services may be carried out: motor vehicle painting, upholstering, major repairing, engine and/or drivetrain rebuilding and body repair conducted entirely within the confines of a building.
Any use of a building or land for the sale, rental, service, repair or storage of aircraft or for the takeoff and landing of aircraft or for control and safety facilities related thereto or for providing goods or services for the primary use of aircraft passengers and personnel.
A place where food and/or liquor is sold at tables, booths and counters; does not include establishments where alcohol service is a secondary activity, such as a bowling alley, fitness club, or pool hall.
A building arranged or used for lodging, with or without meals, for compensation, for more than three and not more than 30 individuals.
A single-family dwelling or a portion of a mixed-use building where at least three, but no more than seven, rooms are provided for living quarters for stays 30 days or longer. Meals may or may not be provided, but there is at least one common kitchen facility. The dwelling shall be occupied by the owner or operator. The building may also have a common room.
A structure having a roof supported by columns and/or walls, designed for the housing, shelter, enclosure and support of individuals, animals or property of any kind. Where separated by walls from the ground up without openings, each portion of such structure shall be deemed a separate building.
The vertical distance from the top of the highest roof beams of a flat roof or the mean level of the highest gable or slope of a hip roof to the average grade adjoining the building footprint prior to construction.
A building in which is conducted the main or principal use of the lot on which the building is located.
Any office setting in which professional or business services are carried on, including but not limited to finance, real estate, accounting, data processing, legal, insurance, counseling, design, engineering and architecture, but expressly excluding any repair services, retail sales, chemical dependency treatment facilities, or clinics.
All parts of the plant of the genus Cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or its resin, including cannabis concentrate. "Cannabis" does not include industrial hemp, fiber produced from the stalks, oil, cake made from the seeds of the plant, sterilized seed of the plant that is incapable of germination or any ingredient combined with cannabis to prepare topical or oral administrations, food, drink or any other product. "Cannabis" also means marijuana.
A building or portion thereof containing facilities for washing automobiles using production-line methods with a chain conveyor, blower, steam-cleaning device or other mechanical devices or providing space, water, equipment or soap for the complete or partial hand washing of automobiles, whether by the operator or customer.
Antennas, receivers or other devices that send, receive, or process cellular telephone signals. Cellular telecommunication equipment shall not include cellular telecommunication towers and radio and television broadcast towers.
Any structure in excess of 10 feet in height that is designed and constructed primarily for the purpose of supporting one or more antennas that send, receive or process cellular telephone signals, including self-supporting lattice towers, guy towers or monopole towers. The term includes personal communications service towers (PCS), microwave towers, common-carrier towers, and cellular telephone towers. The co-location of cellular telecommunication equipment on existing towers, buildings, and other structures does not constitute a new cellular telecommunication tower, provided the antenna(s) does not extend more than 10 feet above the existing structure.
A state-licensed facility for the treatment of chemical dependency.
An establishment providing outpatient examination, treatment, or other care by a physician or dentist, excluding chemical dependency treatment facilities.
Buildings and facilities owned and operated by a nonprofit corporation or association of persons for social or recreational purposes.
A parceling of land in which the lots may not contain all of the yards and/or total area and/or lot width required in the zone in which they are located due to their configuration, although the resulting density of the subdivision does not exceed that implied by the zone in which it lies because of the creation of common open space or other restricted building areas.
A building in which group sleeping accommodations are provided within eight or more individual secure bedrooms, under joint occupancy and single management, occupied by no more than two persons per room. Each bedroom within a co-living dormitory is considered a separate living quarter and at least 75% of the rooms must be rented for a period of at least 30 days, per room. Meals may or may not be provided, but there shall be at least one, adequately sized common kitchen facility, which must include a stove, oven, refrigerator, and sink, to be shared with other residents of the building. No room may have individual cooking facilities, except for microwaves. Communal areas must be provided and accessible to all residents and can include, but are not limited to, lounges, recreation rooms, resident laundry facilities, kitchen facilities, and dining areas. A minimum of 10% of the gross floor area of the building must consist of common amenity space, which shall not include bathrooms, hallways, maintenance areas, or storage areas. On-site management shall be provided at all times.
A plot of tilled soil, not accessory to another use or structure, where one or more individuals plant and maintain flowers, vegetables, or other plants.
A housing facility for eight or fewer persons with disabilities which is approved, authorized, certified or licensed by the state as provided for in 30-A M.R.S.A. § 4357-A, as it may be amended.
A nonprofit charitable institution, not to include social clubs, chemical dependency treatment facilities, or clinics, the primary function of which is serving the public health or social welfare of the community, provided that the specific activity which characterizes the primary use of such community service organization use shall be similar in nature, intensity and impact to other permitted uses or, if the community service organization is a conditional use, other permitted or conditional uses in the zoning district in which such use is contemplated.
A multifamily dwelling consisting of private dwelling units for functionally impaired elderly occupants who do not yet require the constant supervision or intensive health care available at intermediate care or skilled nursing facilities, with the following characteristics:
The building must have a central dining facility or a program for delivery of meals to residents must be offered.
One or more supportive services programs must be available for residents.
Twenty percent of the dwelling units may be occupied by persons with disabilities who are not elderly.
Spouses and partners of qualifying occupants and of residents at an attached nursing facility may also reside at the congregate housing facility.
For purposes of this definition, "dwelling unit" shall be as defined elsewhere in this section, except that cooking facilities are not required in dwelling units.
A change of zoning district designation as provided in 30-A M.R.S.A. § 4352 and § 165-7 of this chapter in which conditions may be proffered by an applicant and attached to a change in district designation by means of a contract entered into by the applicant and the City and filed in the Penobscot County Registry of Deeds. Such zoning must comply with statutory requirements for consistency with the City's Comprehensive Plan.
A lot at the intersection of two or more intersecting public or private ways.
The elevation of the street curb, or the street grade where there is no curb, as established by the City Engineer.
A regular program for the day care, for consideration, of 13 or more persons 15 years of age and younger or three or more adults 16 years of age or older.
A regular program for the day care, for consideration, of between three and 12 persons 15 years of age and younger.
A store selling foods already prepared or requiring little preparation before eating. "Delicatessen" shall not include establishments where the consumption of food on the premises is allowed, encouraged or permitted.
An establishment whose design, method of operation or any portion of whose business includes one or more of the following characteristics:
Service directly to the customer in a motor vehicle either by a carhop, a service window or by other means which eliminates the need for a customer to exit the motor vehicle.
Consumption of food or beverages within a motor vehicle parked upon the premises, or at other facilities on the premises outside the building, is allowed, encouraged or permitted.
Service directly to a motor vehicle, either by the customer or by an attendant, with one or more of the following: fuel, air, washing and cleaning.
A building or portion thereof used exclusively for residential occupancy, but not including a camper, hotel, motel, lodging house, boardinghouse, tourist home, dormitory, fraternity house, sorority house or other group quarters.
An independent dwelling unit connected to and sharing a common wall or portion thereof with another such unit, each unit having access to the outside.
One which is entirely surrounded by space unoccupied above ground level.
A detached dwelling containing four dwelling units designed for and occupied by not more than four families living independently of each other.
A residential building designed for or occupied by five or more families living independently of each other, with the number of families in a residence not exceeding the number of dwelling units provided.
A detached dwelling unit designed for and occupied by one family unit only.
A detached dwelling containing three dwelling units designed for and occupied by not more than three families living independently of each other.
A detached dwelling containing two dwelling units designed for and occupied by not more than two families living independently of each other.
One or more rooms physically arranged, designed and occupied as independent living quarters for one family only and containing separate sleeping, cooking and bathroom facilities.
A dwelling unit on a lot subordinate to a single-family dwelling (for purposes of this definition, the principal dwelling) on the same lot. ADUs are secondary in size, form and location to the single-family dwelling and may be attached, detached or contained within an accessory building (e.g., garage) on the lot.
Equipment used for supplying power to electric vehicles (EVs).
A facility operated by a not-for-profit corporation or public agency providing temporary overnight shelter to homeless individuals, which provides shelter to no more than 70 individuals per night. This term does not include federal, state, or municipal subsidy of temporary accommodations using existing homes, apartments, hotels or motels or facilities when deemed a local emergency by the City of Bangor pursuant to Article XVII of the Code of Ordinances.
A place of business carrying on operations which are physically separate and distinct from those of any other place located on the same lot.
One or more persons related by blood, adoption or marriage living and cooking together as a single housekeeping unit, exclusive of household servants.
A number of persons, but not exceeding five, living and cooking together as a single housekeeping unit though not related by blood, adoption or marriage shall be deemed to constitute a family, provided that the dwelling unit contains at least 150 square feet of usable floor area for each person.
An area or structure designed for the discharge and use of firearms. A firearms range shall not include a "target shooting area" as defined elsewhere in this section that is accessory to a dwelling.
A commercial enterprise in an enclosed building intended for use as a gymnasium or physical training facility. A fitness center may provide health and wellness consultation as an accessory use.
For determining floor area ratio, the sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls or from the center line of walls separating two buildings. The floor area of a building shall include elevator shafts and stairwells at each floor, floor space used for mechanical equipment (except equipment, open or enclosed, located on the roof), penthouses, attic space having headroom of seven feet 10 inches or more, interior balconies and mezzanines, enclosed porches and floor area devoted to accessory uses. However, any space devoted to off-street parking or loading shall not be included in floor area, nor shall below-grade, unfinished basement floor area be included in floor area. The floor area 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 10 feet shall not be counted.
The floor area of a building on a lot divided by the horizontal area of the lot.
A sign supported by itself, by one or more uprights, poles, braces or wheels in or upon the ground or by a structure other than a building.
A facility within which legalized gambling is conducted.
A building(s) or land which is primarily intended for the sale of motor vehicle fuel and/or lubricating accessories and which may or may not also include facilities for minor repair, lubricating, washing or minor servicing of motor vehicles, not including automotive sales, storage of vehicles not in operating condition or major mechanical or body work, such as motor repair or adjustment involving removal of the head or crankcase, straightening of body parts, painting or welding. A gasoline service station is not an auto repair shop nor a retail auto service.
As established by the City Engineer, or the mean elevation of the ground adjoining a building on all sides, or such ground brought to elevations shown on approved plans or designs.
The total floor area of a structure with no exclusions for usable space, such as closets, hallways, staircases, etc., but excluding below-grade, unfinished basement floor area not used as part of the primary or accessory use activity.
The square-foot area of a building within its largest outside dimensions, exclusive of open porches, patios, terraces, and exterior stairways.
See "community living arrangement."
An accessory use, generally of a service character, customarily conducted within a dwelling by the residents thereof which is clearly secondary to the use of the dwelling for living purposes and does not change the character thereof or have any exterior evidence of such secondary use, other than a nameplate, and in connection therewith there is not involved the keeping of any stock-in-trade, as further described in Article IV of this chapter. A retail marijuana establishment may not be a home occupation.
A commercial building arranged or used for sheltering, sleeping or feeding, for compensation, primarily transient individuals, with rooms accessible from an interior hallway, and which may provide additional services, such as meeting rooms and recreational facilities.
A call center, telemarketing facility, data center, or similar use providing for processing of telephone calls, computer data, or other information.
An industrial use facilitating the movement of goods and products by constructing and maintaining buildings and equipment to link various shipping modes, including, but not limited to rail, roadway, air, and waterborne transport.
A facility providing shelter, ticketing, parking and other amenities to the traveling public through the integration of automobile, bus, rail, waterway and other modes of transportation. Passenger intermodal facilities do not include hotels and motels, fueling or servicing of vehicles unless otherwise provided for in the district where they are located.
A yard, field or other area used as a place of storage for:
An establishment for the keeping, breeding or boarding of more than three dogs and/or cats which are more than six months old.
A locality, either on land or water, including airports and intermediate fields, which is used or intended to be used for the landing and takeoff of aircraft, whether or not facilities are provided for the shelter, servicing or repair of aircraft or for receiving or discharging passengers or cargo.
On-site and off-site business activities related to planting, bed preparation, installation of landscape materials, and attendant maintenance activities. A small landscaping services business may have no more than four employees, including the owner, while a large landscaping services business may have any number of employees. Landscaping includes:
Raising, planting, and caring for plants, shrubs, and trees;
Mowing, irrigation, raking, rolling and reseeding of lawns;
The application of fertilizers, pesticides, herbicides, and disease-control agents;
Construction and maintenance of landscaping features, such as flower beds, patios, fountains, and decorative pools; and
Snow removal.
A parcel of land of at least sufficient size to meet the minimum zoning requirements for use, coverage and area within one district classification and to provide such yards and other open space as are herein required. Such lot shall have frontage on an improved public street or an approved private street approved by the Planning Board under the provisions of Article XVI of this chapter and may consist of:
A single lot of record.
A portion of a lot of record.
A combination of complete lots of record and portions of lots of record or of portions of lots of record.
A parcel of land described by metes and bounds, provided that in no case of division or combination shall any residue lot or parcel be created which does not meet the requirements of this chapter.
The total area included within the property lines bounding a lot, generally the length of a lot multiplied by the width of the lot.
The maximum combined ground floor area of all principal and accessory buildings on a lot divided by the area of such lot, the result expressed as a percentile.
The mean horizontal distance between the front and rear lot lines, measured within the lot boundaries.
A line dividing one lot from another or from a street or any public place.
Any parcel of land held under separate and distinct ownership from adjacent lots as of the effective date of this chapter and being described on an approved subdivision plan on record in the Penobscot County Registry of Deeds or described by metes and bounds and recorded in the Penobscot County Registry of Deeds.
The distance between the side lot lines of a lot, measured along the district front yard line as established by this chapter or, if no front yard setback line is established, the distance between the side lot lines measured along the street right-of-way line.
Major utility facilities, including, but not limited to, water lines, sewer lines, stormwater lines and related structures; electrical power, cable/fiber, gas and other overhead and underground lines; electrical power plants, water and wastewater treatment plants, and similar facilities, excluding radio and television broadcast towers, cellular telecommunication equipment and towers, solar arrays, and wind turbines.
A structural unit or units designed to be used as a dwelling or dwellings and constructed in a manufacturing facility and then transported by the use of its own chassis or placement on an independent chassis to a building site. The term includes any type of building that is constructed at a manufacturing facility and then transported to a building site where it is utilized for housing and that may be purchased, sold, offered for sale or brokered by a licensee in the interim. For the purposes of this chapter, two types of manufactured housing are included. They are:
Units constructed after June 15, 1976, commonly called "newer mobile homes," which the manufacturer certifies are constructed in compliance with the United States Department of Housing and Urban Development standards, meaning structures, transportable in one or more sections, which, in the traveling mode, are eight body feet or more in width and 40 body feet or more in length or, when erected on site, are 320 or more square feet, and which are built on a permanent chassis and designed to be used as dwellings, with or without permanent foundations, when connected to the required utilities, including the plumbing, heating, air-conditioning and electrical systems contained in the unit.
This term shall include any structure which meets all the requirements of this subsection, except the size requirements, and with respect to which the manufacturer voluntarily files a certification required by the Secretary of the United States Department of Housing and Urban Development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. § 5401 et seq.
Pre-HUD-code homes, commonly called "mobile homes," which are those units constructed prior to June 15, 1976, meaning structures, transportable in one or more sections, that are built on a permanent chassis and designed to be used as dwellings, with or without permanent foundations when connected to the required utilities, including the plumbing, heating, air-conditioning, or electrical systems contained therein.
In order for the above-described units to qualify as manufactured housing under this chapter, such units shall also comply with the requirements of § 165-136B.
A medical marijuana cultivation facility or retail marijuana cultivation facility.
A medical marijuana manufacturing facility or retail marijuana products manufacturing facility.
A medical marijuana caregiver store, medical marijuana dispensary, or retail marijuana store.
A medical marijuana testing facility or retail marijuana testing facility.
A facility at which medical marijuana is sold by one or more persons meeting the definition of "registered caregiver" as defined in 22 M.R.S.A. § 2422. A registered caregiver may alternatively sell marijuana in accordance with the home occupation provisions of Article IV of this chapter.
A facility or location at which medical marijuana is cultivated, either:
Pursuant to 22 M.R.S.A. § 2428. The location is considered to be, and must abide by, all ordinance provisions regarding a medical marijuana cultivation facility, whether it is at the same location as its associated medical marijuana dispensary or at a different location. A medical marijuana cultivation facility is not considered an accessory use within the meaning of this chapter; or
By one or more persons meeting the definition of "registered caregiver" as defined in 22 M.R.S.A. § 2422. A registered caregiver may alternatively cultivate marijuana in accordance with the home occupation provisions of Article IV of this chapter.
A registered dispensary as defined by 22 M.R.S.A. § 2422. No application for certificate of occupancy shall be approved for a medical marijuana dispensary unless it meets all local laws and regulations.
A laboratory meeting the definition of "manufacturing facility" as defined in 22 M.R.S.A. § 2422.
A marijuana testing facility as defined in 22 M.R.S.A. § 2422.
A structure or series of structures, not to exceed 300 square feet in gross ground area and 16 feet in height, that is associated with or supportive of the production, transmission, or distribution of electricity, water, internet, or other utilities. Examples include, but are not limited to, pumping stations, pad-mounted transformers, electronic switching equipment, satellite dishes, utility cabinets, microgrids, or communication relay stations, excluding radio and television broadcast towers, cellular telecommunication equipment and towers, solar arrays, and wind turbines. Such structures are to be unoccupied except for required maintenance.
A structure or series of structures of any size, located in the Government and Institutional Service District, that is associated with or supportive of the production, transmission, or distribution of electricity, water, internet, or other utilities. Examples include, but are not limited to, pumping stations, pad-mounted transformers, electronic switching equipment, satellite dishes, utility cabinets, microgrids, or communication relay stations, excluding radio and television broadcast towers, cellular telecommunication equipment and towers, solar arrays, and wind turbines. Such structures are to be unoccupied except for required maintenance.
See "manufactured housing."
That area of a mobile home park that provides facilities for long-term occupancy of a mobile home and is designed for the exclusive use of its occupants.
A parcel of land under unified ownership approved by the City of Bangor Planning Board for the placement of three or more manufactured homes.
That part of an individual mobile home lot which has been constructed and reserved for the placement of a mobile home.
Units commonly called "modular homes" which the manufacturer certifies are constructed in compliance with the State of Maine Manufactured Housing Act, 10 M.R.S.A. § 9001 et seq., as may be amended, and regulations promulgated thereunder, meaning structures, transportable in one or more sections, which are not constructed on a permanent chassis and are designed to be used as dwellings on foundations when connected to required utilities, including the plumbing, heating, air-conditioning or electrical systems contained therein.
A hotel primarily for transients traveling by automobile, with a parking space on the lot for each lodging unit, and with access to each such unit directly from the outside.
A building which is designed to house two or more families.
Any use of a building or land by the municipal government, authority, district or quasi-municipal corporation of the City of Bangor in serving or promoting the general welfare of the public.
Any of the following which lawfully existed before this chapter was enacted or amended but which now fails to conform to the provisions of this chapter is termed a nonconformity:
Any use of a building or structure which is not a permitted or conditional use in the district in which it is located.
Any use of land where no building or structures or only accessory buildings or structures exist which is not a permitted or conditional use in the district in which it is located.
Any lot which fails to meet minimum standards of the district in which it is located.
Any site development, including building or structures, which fails to meet the requirements of the district in which located.
A facility which is operated in connection with a hospital, or in which nursing care and medical services are prescribed by or performed under the general direction of persons licensed to practice medicine or surgery in the state, for the accommodation of convalescent or other persons who are not acutely ill and not in need of hospital care but who do require skilled nursing care and related medical services. The term "nursing home" shall be restricted to those facilities, the purpose of which is to provide skilled nursing care and related medical services for a period of not less than 24 hours per day to individuals admitted because of illness, disease or physical or mental infirmity and which provide a community service.
An unheated, open-air deck or stoop attached to a building which may only be enclosed by a roof and railings not exceeding 42 inches in height above the floor. Open porches may not be enclosed by screens or windows.
An unoccupied space open to the sky, exclusive of parking areas, driveways, patios, and walks.
A lot or parcel of land, or portion thereof, not eligible for development because of a conservation easement, deed restriction, or other instrument which ensures the land's protected state in perpetuity, that is solely intended for the preservation of open space, protection of sensitive habitats, or other conservation goals. This lot or parcel may be, but is not required to be, identified on an approved subdivision plan.
Any outdoor display of goods, materials, merchandise or other stock-in-trade intended for sale, exchange or advertising purposes.
Any outdoor storage of goods, materials or merchandise used in an industrial process or as stock-in-trade, including storage under a roof if the sides of the building are open permitting such goods, materials or merchandise to be seen from the street or adjacent properties.
An area set apart for recreation of the public, to promote its health and enjoyment.
Any area for the off-street parking or storage of three or more vehicles in the open air, including access drives and vehicle maneuvering areas.
An area, enclosed in the main building or in an accessory building or unenclosed, exclusive of driveways and maneuvering space, permanently reserved for the temporary storage of one automobile and connected with a street or alley by a driveway which affords satisfactory ingress and egress for automobiles.
A building or portion thereof designed or used for storage of motor-driven vehicles.
For Manufactured Housing, as defined above in this chapter, a foundation that conforms to the installation standards established by the State of Maine Manufactured Housing Board; or
For Modular Homes, as defined above in this chapter, a foundation that conforms to the municipal building code or, in the absence of a municipal building code, a foundation that conforms to the Maine Uniform Building and Energy Code.
A multifamily building or multiple buildings on a lot that contain(s) permanent, project-based supportive housing which are funded with project-based vouchers and associated services to residents.
An establishment providing personal, nonmedical services to individuals, such as beauty parlors, barbers, tanning salons, nail salons, or similar services, which customarily operates on the basis of scheduled appointments.
A building, together with its accessory structures and uses, where persons regularly assemble for religious worship and which building, together with its accessory structures and uses, is maintained and controlled by a religious body organized to sustain public worship.
A tract of land which contains or will contain two or more principal buildings, developed under single ownership or control, the development of which is unique and of a substantially different character than that of the surrounding area. A planned development may allow for flexibility not available under normal zoning district requirements.
A public street, alley or other thoroughfare or easement permanently established for passage of persons or vehicles.
A track at which live horse races are conducted.
A structure in excess of 35 feet tall, whether on the ground or on a building or structure that is designed and/or intended to broadcast radio, television or microwaves, to include cellular telecommunication towers. This definition does not include any structure erected solely for a residential, noncommercial individual use, such as television antennas, satellite dishes or amateur radio antennas, nor does it include public safety communications towers.
Any use of a building or land for active or passive recreation, entertainment or amusement purposes, whether or not such facility, operation or use is public or private, profit or nonprofit in nature, to include a fitness center or, where authorized by the State of Maine and the City of Bangor, a gaming facility.
A place regularly used for the purpose of providing food for the public, and which has adequate and sanitary kitchen equipment and capacity for preparing and serving suitable food for the public.
A place where one or more of the following automotive uses may be carried out: sales and/or installation of motor vehicle parts and accessories (including but not limited to mufflers, tires, shock absorbers and batteries), auto glass replacement, car wash and rustproofing of motor vehicles. A retail auto service shall not include activities carried out in automobile repair shops, nor shall it include retail sale of auto parts from a premises wherein no installation of auto parts or repairs and/or service to motor vehicles is carried on.
Cannabis that is cultivated, manufactured, distributed or sold by a licensed retail marijuana establishment or retail marijuana social club.
An entity licensed to cultivate, prepare and package retail marijuana and sell retail marijuana to retail marijuana establishments and retail marijuana social clubs.
A retail marijuana cultivation facility, retail marijuana processing facility, retail marijuana products manufacturing facility, retail marijuana store, or retail marijuana testing facility.
A facility at which, for a fee, cannabis is processed for use. For purposes of this definition, retail marijuana processing facilities do not include retail marijuana cultivation facilities, retail marijuana products manufacturing facilities, retail marijuana stores, or retail marijuana testing facilities; all of which are separately defined in this section. Retail marijuana processing facilities also do not include facilities where marijuana is processed solely as allowed under the Maine Medical Use of Marijuana Act.[1]
Concentrated retail marijuana and retail marijuana products that are composed of retail marijuana and other ingredients and are intended for use or consumption, including, but not limited to, edible products, ointments and tinctures.
An entity licensed to purchase retail marijuana; manufacture, prepare and package retail marijuana products; and sell retail marijuana and retail marijuana products only to other retail marijuana products manufacturing facilities, retail marijuana stores and retail marijuana social clubs.
An entity licensed to sell retail marijuana and retail marijuana products to consumers for consumption on the licensed premises.
An entity licensed to purchase retail marijuana from a retail marijuana cultivation facility and to purchase retail marijuana products from a retail marijuana products manufacturing facility and to sell retail marijuana and retail marijuana products to consumers.
An entity licensed and certified to analyze and certify the safety and potency of retail marijuana and retail marijuana products.
Any business or establishment engaged in the sale of goods or services to the general public, including eating and drinking establishments. A service business shall include any establishment engaged in the fields of finance, insurance or real estate and any establishment providing professional, personal or business services or nonvehicular repair services. A service business does not include a chemical dependency treatment facility, clinic, a gasoline service station or motor garage, a hotel, motel, rooming house, boardinghouse or tourist home or a manufacturing use.
A secure or locked Level IV residential care facility, as defined in 10-144 CMR Chapter 113, Regulations Governing the Licensing and Functioning of Assisted Housing Programs: Level IV Residential Care Facilities, § 2.49, owned or operated by or on behalf of the state. Such facilities may include secure facilities for individuals who have been found not criminally responsible for a crime by reason of mental illness, or other residential facilities where residents may not freely come and leave of their own volition.
Fully enclosed buildings with individually secured units, accessed with or without supervision, used for the exclusive purpose of storage of nonhazardous business and personal materials. Individual units in a self-storage facility may be housed inside a climate-controlled building or in an unheated structure accessed directly from the outdoors, or both.
The required minimum distance between a lot line and the point of any structure, excluding uncovered steps, but including landings, porches or other structures attached to said steps nearest to such lot line on the same lot, which defines the appropriate yard. The term "setback" further excludes ramps designed for providing access to a building by persons with a disability under the following conditions:
The ramp is being added or attached to an existing building;
The ramp is being added or attached for the purpose of complying with applicable federal or state laws regarding accessibility to buildings by persons with disabilities;
The ramp cannot be reasonably added or attached to any other location on the building where required setbacks could be met, taking into account, among other things, the intended use and interior layout of the building; and
The ramp and any unenclosed steps, landings or other level surfaces incorporated into its design and attachment to the building may not be constructed or designed to be part of or attached to any other new structure, of whatever kind, which would violate the setback requirement.
See definition of "short-term rental" in § 254-3.
See definition of "short-term rental, hosted" in § 254-3.
See definition of "short-term rental, non-hosted" in § 254-3.
See "yard, side."
A house, house trailer or mobile home designed to house a single family, and shall include those dwellings which are used seasonally as well as those used permanently.
The requirements which control the size and the placement of a building or structure or other site improvements on a parcel of land.
A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity of not more than 100 kW and which is intended to primarily reduce on-site consumption of utility power.
A voluntary or corporate nonprofit association of a social, fraternal, educational, recreational or charitable nature, having members paying annual dues, and which owns, hires or leases a building, land or portions thereof, the use of such premises being restricted to members and their guests.
A system of ground-mounted solar modules, including system equipment and energy storage systems designed to connect to the electrical grid to generate electricity.
The Director of Community and Economic Development or their designee.
That part of a building comprised between a floor and the floor or roof next above.
That portion of a building between the eaves and the ridge line of pitched roofs.
The lot line dividing a lot from a street or other public space.
Generally, a highway of regional significance with average annual daily traffic in excess of 10,000 vehicles and containing more than two lanes in at least some sections. Specifically, the following streets are to be considered major arterial streets in Bangor: Broadway, Hammond Street, Hogan Road, Main Street, Odlin Road, State Street, Stillwater Avenue and Union Street.
Generally, a street providing service for trips of moderate length, serving smaller geographic areas than major arterial streets, and offering connectivity to major arterial streets. Specifically, the following streets are to be considered minor arterial streets in Bangor: Mount Hope Avenue, Essex Street, Griffin Road, Kenduskeag Boulevard, Ohio Street, State Street, Maine Avenue, and Fourteenth Street.
Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground, including but not limited to mobile homes, buildings, walls, billboards, signs, piers and floats, but excluding fences and retaining walls.
A structure customarily and clearly incidental and subordinate to the principal structure and located on the same lot with the principal structure.
A structure in which or by means of which is conducted the main or principal use of the lot on which the structure is located.[2]
An area for the discharge and use of firearms that is accessory to a dwelling and meets the following criteria:
No more than three people unrelated by blood or marriage to the owner or tenant of the property on which the target shooting area is located shall be present in the target shooting area at one time.
Target shooting by more than three people in the course of a day shall not happen more than once per month.
Target shooting shall not occur between 6:00 p.m. and 10:00 a.m.
Target shooting shall not happen more than once per day and shall not last for more than two hours at a time.
No money or thing of value shall exchange hands for target shooting or related purposes.
The requirements imposed by § 113-2 of the Code of the City of Bangor must be met.
A dwelling unit permanently constructed on a frame or chassis that may be placed on a foundation and designed for use as permanent living quarters that:
Complies with American National Standards Institute Standard A119.5 on plumbing, propane, fire and life safety and construction or National Fire Protection Association Standard 1192 on plumbing, propane and fire and life safety for recreational vehicles;
Does not exceed 400 square feet in footprint;
Does not exceed any dimension allowed for operation on a public way;
Is a vehicle without motive power.
"Tiny home" does not include a trailer, semitrailer, camp trailer, recreational vehicle or manufactured housing.
A lot containing two or more tiny homes.
A building or group of buildings which contains living or sleeping accommodations used primarily for transient occupancy for compensation.
Housing that is provided short-term (24 months or less) for various individuals where occupancy is anticipated for the duration of a month or more in association with a program of supportive services for the residents.
A vehicle designed to be moved on wheels and intended as a temporary dwelling for travel, recreation and vacation use. This term shall also include a camper, camper-trailer and all other similar short-term shelter devices.
The purpose or activity for which a building, a structure or a piece of land is occupied or maintained as it is enumerated in the various districts.
A use customarily incidental and subordinate to the principal use of a building, structure or lot and located on the same lot with the principal use.
A use which may be permitted in a district through the granting of approval by the Planning Board upon finding by the Board that it meets the specified conditions for the use enumerated in this chapter.
A use which may be lawfully established in a particular district, provided that it conforms to all the requirements and regulations of such district and this chapter.
The height above grade of the fixed portion of the tower, excluding the wind turbine itself.
An open, unoccupied space on the same lot with a building or accessory building extending along the entire length of the nearest lot line. Such yard is unoccupied and unobstructed from the ground upward, except as may be specifically provided in this chapter.
A space extending the full width of the lot between any building and the front lot line and measured perpendicular to the building at the closest point to the front lot line. Such front yard is unoccupied and unobstructed from the ground upward, except as may be permitted elsewhere in this chapter. Any lot fronting on two or more streets must have a front yard on any and all such streets.
A space extending across the full width of the lot between the principal building and the rear lot line and measured perpendicular to the building to the closest point of the rear lot line. Such rear yard is unoccupied and unobstructed from the ground upward, except as may be permitted elsewhere in this chapter.
A space extending from the front yard to the rear yard between the principal building and the side lot line measured perpendicular from the side lot line to the closest point of the principal building. Such side yard is unoccupied and unobstructed from the ground upward, except as may be permitted elsewhere in this chapter.
A yard that must be provided on a lot where a more intensive land use is located adjacent to either an existing or planned use of a less intensive nature, in accordance with specific chapter provisions. A transitional yard is provided along the rear or side yard specified for the district in which it is located.
§ 165-14 Purpose.
It is the intent of this article to provide conformity with this Code, except that nonconforming conditions that legally existed before the effective date of this Code, or any amendment thereto, are allowed to continue, subject to the requirements set forth in this article. Except as otherwise provided in this Code, a nonconforming condition shall not be permitted to become more nonconforming.
§ 165-15 General requirements.
A.
It is the intent of this Code to provide protections for nonconformities to prevent decay and dilapidation of buildings. The right to make routine and necessary structural and nonstructural repairs on a nonconforming building remains.
B.
It is also the intent of this Code that all nonconformities shall be converted to conformity when required by this Code.
C.
Any nonconformity not expressly allowed by this Code as a legal nonconformity is hereby deemed illegal and shall cease or be corrected immediately.
D.
The burden of establishing that any nonconformity is a legal nonconformity shall, in all cases, be upon the owner of such nonconformity and not upon the City of Bangor.
E.
Any legally existing nonconformity may be transferred, and the new owner may, subject to the requirements of this article, continue such legal nonconformity; provided, however, that nothing contained herein shall be construed to permit any person or entity to occupy or use any lot or structure or to continue any use in violation of any applicable federal or state law, code, or regulation.
F.
Once converted to conformity, no lot, structure, or use shall be permitted to revert to nonconformity.
§ 165-16 Nonconforming uses.
[Amended 6-12-2023 by Ord. No. 23-154; 5-22-2023 by Ord. No. 23-141; 5-13-2024 by Ord. No. 24-131]
The use of any land or structure, or any portion thereof, which is made nonconforming as a result of the enactment of this Code, or any subsequent amendment thereto, may be continued, but only in strict compliance with the following requirements:
A.
A nonconforming residential use may continue to exist and may expand in size within the lot boundaries or building, provided the expanded use meets all other requirements of that district. Review and approval by the Code Enforcement Officer is required to ensure that all other requirements of the respective district are met. This allowance for expansion does not include the addition of residential dwelling units.
B.
Nonconforming commercial or industrial uses may continue to exist but may not expand in size.
C.
A nonconforming use of land or structure may transfer to another nonconforming use, provided that the new use meets all other requirements of the district, except that a nonconforming marijuana use may not transfer to another nonconforming marijuana use. All such transfers of a nonconforming use are subject to review and approval by the Code Enforcement Officer, the Planning Officer, and the City Engineer, who must find, in order to approve the transfer, that the new nonconforming use does not increase any adverse impact on adjacent properties.
D.
If any nonconforming nonresidential use ceases or is discontinued for any reason for a period of 24 or more consecutive months, any subsequent use shall conform to the requirements of this Code in all respects. If any nonconforming residential use is discontinued (including when a residential structure is not occupied) for a period of seven years or more, the use may not be restored and its right to continue shall terminate. (For example, if one unit in a four-unit dwelling ceased to be occupied for a period of seven years or more and the zoning district only allowed for three units, the building would have to revert to a three-unit building instead of a four-unit.)
E.
Notwithstanding the above requirement, if a structure housing a nonconforming use is accidentally destroyed by fire or natural catastrophe, the structure may be rebuilt on the existing footprint, and the residential nonconforming uses may be enlarged subject to the provisions listed above in § 165-16A. Reconstruction must commence within two years of the destruction for nonresidential uses, and seven years for residential uses, or else the structure will no longer be considered legally nonconforming and must conform to all regulations, including use, of the applicable district.
F.
A nonconforming residential use may be enlarged in all districts subject to the conditions set forth in this section. Such changes include accessory dwelling units only where allowed by district.
§ 165-17 Nonconforming structures.
[Amended 5-22-2023 by Ord. No. 23-141]
Any structure which is made nonconforming as to requirements for yards, dwelling units per building, lot coverage, or height in the district in which it is located as a result of the enactment of this Code, or any subsequent amendment thereto, may be continued, but only in strict compliance with the following requirements:
A.
A nonconforming structure may be maintained, repaired, reconstructed, and improved within the footprint of the structure at the time the structure became nonconforming.
B.
A nonconforming structure containing a use listed in § 165-111A may be enlarged, subject to review by the Planning Board, only if it satisfies all of the provisions listed below:
[Amended 10-11-2023 by Ord. No. 23-296]
(1)
The expansion satisfies all other applicable dimensional requirements of the district in which the structure is located.
(2)
The expansion results in no new nonconformities.
(3)
The expansion does not increase the nonconforming situation.
(4)
The expansion does not cause or worsen safety problems, such as, but not limited to, reduction of sight distances from driveways or intersections, and does not increase any adverse impact on adjacent properties.
C.
All other nonconforming structures may be enlarged, subject to review under § 165-116, only if it satisfies all of the provisions listed below:
(1)
The expansion satisfies all other applicable dimensional requirements of the district in which the structure is located.
(2)
The expansion results in no new nonconformities.
(3)
The expansion does not increase the nonconforming situation.
(4)
The expansion does not cause or worsen safety problems, such as, but not limited to, reduction of sight distances from driveways or intersections, and does not increase any adverse impact on adjacent properties.
D.
If a nonconforming, nonresidential structure is demolished or accidentally destroyed by fire or natural catastrophe, the structure may be rebuilt on the existing footprint, or enlarged subject to the provisions listed above in § 165-17A. Reconstruction with any enlargements must commence within two years of the demolition or destruction, or the structure must conform to all regulations of the applicable district. Residential structures may be rebuilt and expanded otherwise within seven years of such damage by review of the Code Enforcement Officer, or the structure must conform to all regulations of the applicable district.
[Amended 10-11-2023 by Ord. No. 23-296]
E.
Lots containing nonconforming residential structures that have been demolished, abandoned or cease to be occupied for a period of seven years or more shall conform to the requirements of this Code in all respects.
§ 165-18 Nonconforming lots.
[Amended 5-22-2023 by Ord. No. 23-141]
A single parcel of land, the legal description or dimensions of which are recorded in a deed, plan, or map on file at the Penobscot County Registry of Deeds, which lawfully existed immediately prior to the enactment of pertinent Code or any subsequent amendment thereto, and which, as a result of the enactment of pertinent Code or any amendment thereto, does not meet the lot area, lot width, impervious surface ratio, floor area ratio, dwelling units per acre, open space, or buffer requirements in the district in which it is located, and which does not adjoin another parcel in common ownership may be built upon without the need for a variance, subject to the following requirements:
B.
No construction shall be commenced until the owner demonstrates to the satisfaction of the Code Enforcement Officer that there is reasonable access to the site for emergency vehicles.
C.
Nonconforming lots may house accessory dwelling units if there is a principal single-family dwelling on the property and if the requirements above are met, as well as no adverse impacts on adjoining properties, in the opinion of the Code Enforcement Officer, the Planning Officer and the City Engineer.
§ 165-19 Parking.
[Added 5-22-2023 by Ord. No. 23-141]
Lots and structures with off-street parking that is non-conforming may continue to be maintained, repaired, reconstructed, improved, and expanded subject to review by the Code Enforcement Officer. If uses are proposed to be changed, the Code Enforcement Officer may allow a continuation of non-conforming protections if the parking requirement for the new use is equal to or less than the parking requirement for the existing use.
§ 165-22 Permitted use; conditions.
After the effective date of this chapter, the use of land and/or buildings shall be permitted incidental to any lawful residential occupancy in any district for purposes of a home occupation or profession, provided that such use shall conform to the requirements of this chapter, including the following:
A.
Said use shall only be permitted in residential structures and buildings accessory to residential structures; shall be secondary and subordinate to the primary use of the residential structure as a residence; and the total area used for the home occupation or profession, including areas used in accessory structures, shall not exceed 25% of the floor area of the residential dwelling unit.
[Amended 2-26-2018 by Ord. No. 18-105]
B.
Said use shall be conducted wholly within the dwelling structure and any accessory building or buildings.
[Amended 2-26-2018 by Ord. No. 18-105]
C.
Only members of the family permanently residing on the premises shall be employed in such occupation or profession.
D.
No stock-in-trade may be kept on the premises other than that which is directly required or produced by the occupation or profession.
E.
There shall be no over-the-counter or customer pickup sales conducted on the premises.
F.
There shall be no outdoor display or storage, offensive noise, vibration, smoke, dust, odor, glare and other indication of such occupation or profession and no variation from the residential character of the dwelling, other than a nameplate as permitted under Chapter 260, Signs, of the Code 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 use is located on a major arterial street, as defined in this chapter, and adequate off-street parking is supplied on the site for the employee and for any other parking need created by such use of the premises.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
H.
Such activity shall not be initiated without prior registration of intent with the Code Enforcement Officer.
§ 165-23 Conditions for approval.
[Amended 7-11-1994 by Ord. No. 94-300]
A.
In any zone, an accessory use or structure may only be approved by the Code Enforcement Officer upon a determination that said use or structure complies with the following conditions:
(1)
Such use is not intended to expand a use otherwise limited in area.
(2)
Such use, if not permitted by right within the zone, is an integral and minor part of a permitted use.
(3)
Such use is consistent with the normal requirements of the principal use and is not excessive for such use or for that district.
(4)
Such use is not detrimental to the surrounding area or properties.
(5)
Adequate area is available without reducing the area requirements set forth for the use in the district in which it lies.
§ 165-24 Accessory support staff.
§ 165-25 Pools.
[Amended 9-14-1998 by Ord. No. 98-339; 11-14-2007 by Ord. No. 07-319; 1-9-2017 by Ord. No. 17-055]
Pools used for swimming, wading or as a decorative device for either public or private use shall meet the requirements and restrictions of the Building Code and the Bangor Health and Community Services Department and shall meet the yard requirements of this chapter for accessory structures.
§ 165-26 Temporary storage.
Portable or mobile trailers, vans and similar vehicles or temporary buildings may be used for storage or display only upon approval of the Board of Appeals and only for a temporary period not to exceed one year.
A.
Such approval may be granted by the Board of Appeals, and may be extended for one additional period of one year only, if the Board finds that:
(1)
The use, in combination with the primary use and accessory uses on the same lot, does not exceed maximum lot coverage requirements as set forth in this chapter for the district in which it is to be located.
(2)
There is a valid temporary need which cannot be met within the principal structure and that an adequate operational hardship can be shown if the request is not granted.
(3)
The initial approval, or any renewal, of the use will not in any way be detrimental to the neighboring properties, including aesthetic impact.
(4)
The use is not intended as a permanent or long-term use.
(5)
The use is not intended to circumvent building area limitations for that district.
(6)
The use will be adequately screened from neighborhood properties and the street.
(7)
The use will not be used as or intended for advertising for on- or off-premises purposes.
(8)
The use is not intended for retail sales.
C.
The above provisions do not prohibit the use of such temporary facilities as construction or job site office or equipment storage facilities during construction, provided that no advertising other than the contractor's name shall be on the vehicle or facility and that such signs meet the requirements of Chapter 260, Signs.
§ 165-27 Accessory support structures.
[Amended 10-24-1994 by Ord. No. 94-439]
A.
Notwithstanding the requirements for setbacks in this chapter and notwithstanding the requirements for setbacks of signs in Chapter 260, Signs, freestanding accessory structures providing utility service, signage, lighting or other support for the primary use of the site, but excluding accessory buildings, may be set back from a public right-of-way line the same distance as off-street parking as enumerated in Article X, § 165-73B; provided, however, that no structural elements located between the height of two feet above grade and eight feet above grade may have a width in excess of 24 inches in any one vertical plane nor a combined width in all vertical planes in excess of 96 inches.
B.
Notwithstanding the setback requirements set forth in Subsection A above and elsewhere in this chapter, where an accessory support structure, as defined in this section, must be moved due to a compensated public taking or conveyance in lieu of a public taking, the Code Enforcement Officer may reduce or eliminate the yard requirement for such structure, provided that:
[Amended 1-27-1997 by Ord. No. 97-78]
(1)
This action shall apply only to existing legally established structures to be moved without alteration;
(2)
The replacement of such structures will be done with a minimum variation from ordinance standards which is practicable on the site; and
(3)
In so doing, the Code Enforcement Officer shall consider the following factors: fairness to the property owner; the burden which would be created by imposing current ordinance standards; the impact on the safety and functionality of the public right-of-way; and the provisions of § 260-15 of Chapter 260, Signs.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 165-28 Bus shelters.
A.
Upon issuance of a building permit by the Code Enforcement Officer, bus shelters for the use of the public while waiting for the public transit or school buses may be erected in any district:
B.
Standards for bus shelters. Bus shelters shall be subject to the following restrictions and conditions:
(1)
Bus shelters need not meet the setback requirements of the district for buildings and structures.
(2)
Dimensions and slope.
[Amended 10-22-2018 by Ord. No. 18-377]
(a)
Bus shelters shall not exceed a floor area of 100 square feet nor a height of 15 feet. Bus shelters must provide a minimum clear length of 96 inches and clear width of 60 inches.
(b)
Bus boarding and lighting areas shall provide a clear length of 96 inches, measured perpendicular to the curb or vehicle roadway edge, and a clear width of 60 inches, measured parallel to the vehicle roadway.
(c)
The slope of the bus boarding and alighting area in the direction parallel to the roadway must be the same as that of the roadway to the maximum extent practicable. Perpendicular to the roadway, the slope must not exceed 1:48, that is, not more than one inch of rise over a horizontal distance of 48 inches.
(3)
Signs. No sign, as defined by Chapter 260, Signs, shall be erected on or in a bus shelter, except that upon approval by the Bus Superintendent and Code Enforcement Officer or their designees, the following signs may be erected:
[Amended 10-22-2018 by Ord. No. 18-377]
(4)
Location. The location of a bus shelter shall not create a traffic hazard nor interfere with traffic control signs and signals and shall be approved, in writing, by the Bus Superintendent and the City Engineer or their designees. Bus shelters must connect via an accessible route to a boarding and alighting area and to streets, sidewalks, or pedestrian paths.
[Amended 10-22-2018 by Ord. No. 18-377]
(5)
Materials. Bus shelters shall be constructed of appropriate permanent materials and shall be properly maintained to prevent rust, rot, peeling or similar deterioration. Bus stop boarding and alighting areas shall have a firm, stable surface.
[Amended 10-22-2018 by Ord. No. 18-377]
§ 165-29 Temporary promotional activities.
In the USD, DDD, WDD, ADD, G & ISD, S & PS and GC & S Districts, promotional activities, such as sales featuring food sales, entertainment, fairs, circuses and carnivals, may be allowed upon issuance of a permit by the Code Enforcement Officer, provided that:
A.
The activity is clearly accessory to the permitted uses on the lot.
B.
The activity is under the sponsorship of the owner or occupant of the primary use to which the activity is accessory.
C.
The activity shall not be operated for more than 14 days in any year.
D.
Off-street parking for the activity is provided on the same lot as the activity. The Code Enforcement Officer shall determine that the lot on which the activity is proposed is large enough for the activity, the primary use on the lot and the required off-street parking. (Off-street parking areas on immediately adjacent parcels may be used if deemed accessible by the Code Enforcement Officer, and public parking may be used in the WDD and DDD areas.)
E.
The activity meets all applicable local and state health, fire and safety regulations.
F.
Application for said activity shall be made on forms provided by the Code Enforcement Officer and shall include a plan of the lot on which the activity is proposed, showing the locations of the proposed activity, the primary use and all off-street parking.
§ 165-29.1 Auxiliary private wind turbines.
[Added 9-13-2010 by Ord. No. 10-292]
A.
Purpose. It is the purpose of this section to promote the safe, effective and efficient use of small wind energy systems installed to reduce the on-site consumption of utility-supplied electricity.
B.
Zones where allowed. Small wind energy systems shall be allowed as accessory structures in all zoning classifications except P&O, RP, and SPD, subject to all other applicable provisions of this chapter.
C.
Maximum wind turbine tower height. Tower height shall not exceed the maximum allowable height for any structure in the underlying zoning district, except that in RR&A, the maximum tower height shall be 80 feet if the lot size is between 1 1/2 acres and five acres and 100 feet if the lot size is greater than five acres. Nothing herein shall be construed to preempt any height limitations imposed by FAA regulations.
D.
Setback. The base of the wind system structure shall be set back from all property lines a minimum distance equal to the height of the wind system structure (including fully extended blades).
E.
Noise. Small wind energy systems shall not exceed 60 dBA, as measured at the property line. The level, however, may be exceeded during short-term events such as utility outages and/or severe wind storms.
F.
Approved wind turbines. All small wind turbine designs must be approved by the Emerging Technologies Program of the California Energy Commission or any other small wind certification program recognized by the American Clean Power Association.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
G.
Compliance with Maine Uniform Building and Energy Code. Building permit applications for small wind energy systems shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, and footings. An engineering analysis of the tower showing compliance with the Maine Uniform Building and Energy Code and certified by a licensed professional engineer shall also be submitted. Wet stamps shall not be required.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
H.
Compliance with FAA regulations. Small wind energy systems must comply with applicable FAA regulations, including any necessary approvals for installations close to airports.
I.
Compliance with National Electric Code. Building permit applications for small wind energy systems shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code.
J.
Utility notification. No small wind energy system shall be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.
§ 165-30 (Reserved) [1]
§ 165-31 Temporary sales of food or merchandise.
[Amended 6-8-1992 by Ord. No. 92-246; 7-28-1997 by Ord. No. 97-288; 5-10-2010 by Ord. No. 10-152; 9-13-2010 by Ord. No. 10-292; 5-28-2014 by Ord. No. 14-170; 5-23-2016 by Ord. No. 16-185; 6-12-2023 by Ord. No. 23-154; 6-9-2025 by 25-180]
A.
Temporary sales of food or merchandise are expressly limited to:
(1)
Itinerant commercial vendors who sell from mobile or movable vehicles, carts or stands which are completely removed from the site on which they are located each day and operate only between the hours of 6:00 a.m. and 10:00 p.m.
(2)
Itinerant commercial vendors who:
(a)
Remain on a site for a period of time not to exceed 150 days;
(b)
Make no new fixed or permanent improvements to the site, but shall be permitted temporary electrical service as defined under the National Electric Code;
(c)
Sell only unprocessed agricultural, marine or forest products, except in the Waterfront Development District, where sale of food is also allowed; and
(d)
Operate only between the hours of 6:00 a.m. and 10:00 p.m., except in the Waterfront Development District, where such vendors may operate until midnight.
B.
Temporary sales of food or merchandise shall be required to obtain a certificate of occupancy but shall be considered a temporary use of land for which a land development permit is not required.
C.
Temporary sales of food or merchandise shall only be permitted in the following districts: Urban Service District, Shopping and Personal Service District, General Commercial and Service District, Downtown Development District, Waterfront Development District, Urban Industry District and Industry and Service District.
D.
Temporary sales of food or merchandise shall be further limited as follows:
(1)
In the Downtown Development District and Industry and Service District, no more than one itinerant commercial vendor may be permitted per lot.
(2)
In the Shopping and Personal Service District, General Commercial and Service District, Urban Service District and Urban Industry District, no more than four itinerant commercial vendors may be permitted per lot. Each vendor must provide access to five parking spaces in excess of those required by any other use or uses on that lot.
E.
Temporary sales of food or merchandise shall meet the following conditions:
(1)
Itinerant commercial vendors shall have written permission of the property owner. Written permission of the property owner must be submitted to the Code Enforcement Division before a certificate of occupancy can be issued.
(2)
Itinerant commercial vendors shall set back any vehicle, stands or other items related to the temporary sale of food or merchandise at least 20 feet, or, in the Waterfront Development District, 10 feet, from the property line or the edge of the sidewalk or, if no sidewalk, from the edge of the pavement of the traveled way adjoining the property.
(3)
Notwithstanding the regulations contained in Chapter 260, Signs, itinerant commercial vendors are permitted to have two freestanding A-frame signs meeting the design criteria set forth in Chapter 260, § 260-9B. Each location is also permitted two additional signs, provided that they are attached to a structure or vehicle. Signs may be leaned against a vehicle.
(4)
No permanent improvements shall be made to the site, including grading or filling or construction of new access drives.
(5)
No structure shall be permanently affixed or attached to the ground, existing structures, poles or trees or placed on a permanent foundation. Tents, movable picnic tables, chairs or benches and similar objects shall not be considered permanent structures under this section.
(6)
Existing vehicular access and off-street parking must be deemed adequate by the Code Enforcement Officer. The Code Enforcement Officer must find that such access and parking does not create congestion, hazardous conditions or limited visibility on the adjacent highway system.
(7)
The gross floor area of all temporary structures shall not exceed 1,000 square feet, except in the Waterfront Development District, where there is no maximum gross floor area.
(8)
The Code Enforcement Officer may deny a permit for any such activity which does not meet any other policy, code, or ordinance requirement of the City of Bangor.
§ 165-31.1 Community gardens.
[Added 9-13-2010 by Ord. No. 10-292]
B.
Community gardens may utilize accessory structures of less than 250 square feet that conform to the setback and development standards of the district in which they lie.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C.
Community gardens may not include a retail sales component.
§ 165-31.2 Accessory dwelling units (ADUs).
[Added 12-23-2019 by Ord. No. 20-017]
A.
Accessory dwelling units (ADUs) are not subject to minimum lot area requirements, requirements for the number of dwelling units per acre, nor minimum parking requirements.
[Amended 9-11-2023 by Ord. No. 23-258]
B.
In districts where ADUs are allowed, the Code Enforcement Officer shall approve an ADU upon a determination that said ADU complies with the following conditions:
(1)
ADU square footage may not be more than 50% of the square footage of the principal dwelling or 1,000 square feet, whichever is less. However, an ADU must be at least 190 square feet in size, unless the Technical Building Code and Standards Board, pursuant to 10 M.R.S.A. § 9722, adopts a different minimum standard; if so, that standard applies.
[Amended 4-8-2024 by Ord. No. 24-107]
(2)
ADUs must meet the dimensional requirements and setbacks required for the principal dwelling, unless the Code allows for a reduced setback for accessory structures, in which case that setback shall apply.
[Amended 4-8-2024 by Ord. No. 24-107]
(5)
ADUs contained within the principal dwelling below finished grade must have a daylight entry.
(6)
No more than one ADU is allowed per lot and an ADU may only be allowed where there exists only one single-family detached dwelling or one detached manufactured housing unit.
[Amended 9-11-2023 by Ord. No. 23-258]
(7)
Manufactured housing (as defined in 30-A M.R.S.A. § 4358), temporary camping vehicles (as defined in § 281-2 of this Code), and mobile homes shall not be allowed as an ADU, except manufactured housing is allowed as an ADU in the Rural Residence and Agricultural District.
(10)
ADUs in areas not served by City sewer shall be treated as a separate dwelling unit for the purposes of septic design.
(11)
The ADU must be in compliance with all other laws and regulations.
[Amended 6-12-2023 by Ord. No. 23-154]
§ 165-32 Quarries, mining and excavations.
After the effective date of this chapter, no quarries, mining or excavations shall be permitted except as provided in the district regulations of this chapter and only after receipt of a conditional use permit pursuant to § 165-9. No such approval shall be granted for such purposes unless the following requirements are met:
A.
A permit for a sandpit or quarry or for the removal of soil, loam, sand, rock or gravel or any minerals from the land will be issued by the Code Enforcement Officer upon approval of the Planning Board for an initial period of not more than five years, provided that such use is not seriously detrimental to the neighborhood and would not be detrimental to the adjacent waterways, nor shall such a permit be issued for any project which will seriously lower air quality standards promulgated by the State Department of Environmental Protection, Air Quality Bureau.
[Amended 1-23-2012 by Ord. No. 12-045]
(1)
Permit renewal. Permits may be renewed for additional periods of not more than three years each.
(a)
Any applicant requesting an extension of their quarrying permit shall file an extension request with the Code Enforcement Division containing:
(b)
A permit extension shall not be allowed if it would result in changes outside the scope of the original permit.
(c)
Upon receipt of the extension request form from the Code Enforcement Division, the Planning Division shall notify abutters consistent with the procedure outlined in § 165-113B.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(e)
A vote not to approve the extension request shall only occur after the Board has held a hearing on the merits of the application.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2)
Exceptions. Permits are not required when such removal is incidental to, and in connection with, the construction of a building, structure or swimming pool for which a building permit has been issued by the Code Enforcement Officer or when incidental to the grading or laying out of land for development or landscaping purposes or for agricultural uses.
B.
No excavation shall be permitted within 50 feet of the right-of-way line of an existing or approved street without written permission of the City, except to conform to approximate street grades, nor shall any excavation be permitted within 100 feet of any property line, except as allowed under 38 M.R.S.A. § 490-Z(7). Areas within 100 feet of said lines shall be maintained in a firm condition so that no weakening or undermining of adjacent property, as at the property line, will take place that might prevent the full use of such adjacent property or roadbed.
[Amended 8-26-2013 by Ord. No. 13-270]
C.
At the completion of any excavation permitted hereunder, the property owner shall take all necessary action to provide for the regrading of said excavation, with finished slopes not to exceed two to one (horizontal to vertical) in undisturbed earth, two to one earth fill and one to four in rock, whether or not the ground surface will be below water. All disturbed earth fill areas will be reseeded and/or planted with vegetation to prevent erosion.
D.
No permit for a sandpit, quarry, or for the removal of sand, rock, or gravel shall be granted for a parcel less than five acres in area.
[Added 8-26-2013 by Ord. No. 13-270]
E.
Notwithstanding Article III of this chapter, any certificate of occupancy or permit granted for a quarry, sandpit, or removal of sand, rock or gravel in a Rural Residence and Agricultural District parcel shall be deemed to expire on June 30, 2015, and shall not be renewed thereafter. This subsection does not apply to filling, grading, and earthmoving activities permitted under § 165-33, or to excavations of soil and loam permitted under § 165-105D(1).
[Added 6-9-2014 by Ord. No. 14-137]
§ 165-33 Filling, grading and earthmoving activities.
B.
The following earthmoving activities shall be allowed in any zone, except the Resource Protection Zone, without a permit (as required in Subsections C and D below, but not exempting activities from permit requirements of Chapter 265, Solid Waste), provided that such activities do not alter any stream, wetland, watercourse or natural drainageway:
[Amended 1-9-2017 by Ord. No. 17-055]
(1)
The filling or removal of material and grading of an area less than 10,000 square feet which does not change the topography of the land by more than one foot.
(2)
(Reserved)
(3)
The filling or removal of material in conjunction with and incidental to construction, alteration or repair of a structure or the grading and landscaping incidental thereto when such construction, alteration or repair does not require plan approval from the Planning Board pursuant to Article XVI of this chapter.
(4)
The filling or removal of material in conjunction with and incidental to construction of a structure or the grading and landscaping incidental thereto when such filling, removal of material or grading is indicated on a site development plan which has received Planning Board approval pursuant to Article XVI.
(5)
The removal, filling or grading of material incidental to the construction, alteration or repair of a public street or of a private way, if such private way has been approved by the Planning Board.
C.
In any district, except the Resource Protection District, filling, grading, earth removal or similar earthmoving activities which are not specifically allowed without a permit in Subsection B(1) through (5) above shall be allowed only after a permit is given for such activity by the Code Enforcement Officer upon approval by the Planning Board pursuant to Article XVI, Land Development Permit.
D.
In the Resource Protection Zone, filling, grading, earth removal and similar earthmoving activities shall be allowed only after a permit is given for such activity by the Code Enforcement Officer upon approval by the Planning Board pursuant to § 165-9, Conditional uses, Article XVI, Land Development Permit, and the standards contained in Article VII, § 165-54 (standards for conditional uses in the Resource Protection Zone).
§ 165-33.1 Best management practices.
A.
Any person who conducts, or causes to be conducted, an activity that involves filling, displacing, or exposing soil or other earthen materials shall take measures to prevent unreasonable erosion of soil or sediment beyond the project site or into any portion of a stormwater conveyance system or into a protected natural resource as defined in § 38 M.R.S.A. § 480-B. Erosion control measures must be in place before the activity begins. Measures must remain in place and functional until the site is permanently stabilized. Adequate and timely temporary and permanent stabilization measures must be taken and the site must be maintained to prevent unreasonable erosion and sedimentation.
B.
A person who owns property that is subject to erosion because of a human activity that has occurred before the adoption of this article and that involved filling, displacing, or exposing soil or other earthen materials shall take measures within 90 days to prevent further unreasonable erosion of soil or sediment. Adequate and timely temporary and permanent stabilization measures must be taken and maintained on that site to prevent unreasonable erosion and sedimentation.
C.
In accordance with 30-A M.R.S.A. § 3003, as the same may be amended from time to time, Appendix C, Erosion and Sedimentation Control, Inspections, Maintenance and Housekeeping, of the General Permit for the Discharge of Stormwater from Small Municipal Separate Storm Sewer Systems (MS4), published by the Maine Department of Environmental Protection, Bureau of Water Quality, Dated October 15, 2020, is hereby adopted and incorporated by reference herein as the minimum standards for erosion and sedimentation control to be utilized in conjunction with all building permits issued in the City of Bangor.
[Amended 6-12-2023 by Ord. No. 23-154; 6-26-2023 by Ord. No. 23-177]
D.
This article does not apply to agricultural fields.
E.
Penalties. Penalties for violations of this article shall be imposed in accordance with 30-A M.R.S.A. § 4452. Each day such a violation is permitted to exist, after notification by the Code Enforcement Officer, shall constitute a separate offense.
§ 165-34 Shoreland areas.
[Amended 9-27-1993 by Ord. No. 93-425]
Shoreland areas include those areas within 250 feet of the normal high-water mark of the Kenduskeag Stream and the Penobscot River or within 75 feet, horizontal distance, of the high-water line of a stream or outlet stream or 75 feet, horizontal distance, of the upland edge of a freshwater wetland.
§ 165-35 Land use requirements and standards.
A.
Land use requirements. After the effective date of this article, no building, structure or land shall be used or occupied and no building or structure or part thereof shall hereafter be erected, constructed, expanded, moved or altered and no new lot shall be created within any shoreland area except in conformity with all of the following regulations applicable to the district in which the building, structure or lot is located, unless a variance is granted.
B.
Land use standards. All land use activities within the shoreland zone shall conform to the following provisions.
§ 165-36 Minimum lot standards.
[Amended 2-27-1995 by Ord. No. 95-106]
A.
Minimum lot standards shall be as follows:
Use | Minimum Lot Area (square feet) | Minimum Shore Frontage (feet) | |
|---|---|---|---|
Residential, per dwelling unit | |||
Within the shoreland zone adjacent to tidal areas | 30,000 | 150 | |
Within the shoreland zone adjacent to nontidal areas, not including land adjacent to freshwater wetlands | 40,000 | 200 | |
Within the shoreland zone adjacent to freshwater wetlands | Subject to lot requirements of zoning district | None | |
Governmental, institutional, commercial or industrial, per principal structure | |||
Within the shoreland zone adjacent to tidal areas, exclusive of those areas zoned for the Waterfront Development District and Downtown Development District | 40,000 | 200 | |
Within the shoreland zone adjacent to tidal areas zoned for the Waterfront Development District and Downtown Development District | None | None | |
Within the shoreland zone adjacent to nontidal areas, not including land adjacent to freshwater wetlands | 60,000 | 300 | |
Within the shoreland zone adjacent to a freshwater wetland | Subject to lot requirements of zoning district | None | |
Public and private recreational facilities | |||
Within the shoreland zone adjacent to tidal and nontidal areas | 40,000 | 200 | |
B.
Land below the normal high-water line of a water body or upland edge of a wetland and land beneath roads serving more than two lots shall not be included toward calculating minimum lot area.
C.
Lots located on opposite sides of a public or private road shall be considered each a separate tract or parcel of land, unless such road was established by the owner of land on both sides thereof after September 22, 1971.
D.
The minimum width of any portion of any lot within 100 feet, horizontal distance, of the normal high-water line of a water body or upland edge of a wetland shall be equal to or greater than the shore frontage requirement for a lot with the proposed use.
E.
If more than one residential dwelling unit or more than one principal commercial or industrial structure is constructed on a single parcel, all dimensional requirements shall be met for each additional dwelling unit or principal structure.
§ 165-37 Principal and accessory structures.
A.
Setback.
[Amended 2-27-1995 by Ord. No. 95-106]
(1)
All new principal and accessory structures shall be set back at least 75 feet from the normal high-water line of any water bodies or tributary streams, except in the Downtown Development District and in the Waterfront Development District, where the setback from the normal high-water line shall be at least 25 feet.
(2)
All new principal and accessory structures shall be set back at least 75 feet from the upland edge of a freshwater wetland, regardless of whether the lot adjacent to the freshwater wetland is served by public water and sewer.
[Amended 12-27-2000 by Ord. No. 01-62]
(3)
The water body or wetland setback provision shall apply neither to structures which require direct access to the water as an operational necessity, such as piers, docks and retaining walls, nor to other functionally water-dependent uses.
(4)
The setback for public recreational trails limited to nonmotorized vehicles, such as trails for bicycling, hiking, horse riding, skiing, and snowshoeing, and related accessory structures shall be reduced to 25 feet from a water body where the applicant can demonstrate:
[Added 7-9-2007 by Ord. No. 07-231]
B.
Principal or accessory structures and expansion of existing structures shall not exceed 35 feet in height, except in the Downtown Development District and Government and Institutional Service District adjacent to tidal waters, where the building height shall not exceed 80 feet. This provision shall not apply to structures such as transmission towers, windmills, antennas and similar structures having no floor area.
[Amended 5-13-1996 by Ord. No. 96-198; 9-9-2002 by Ord. No. 02-323]
C.
The first-floor elevation or openings of all buildings and structures, including basements, shall be elevated at least one foot above the elevation of the 100-year flood, the flood of record or, in the absence of these, the flood as defined by soil types identified as recent floodplain soils.
D.
The total area of all structures, parking lots and other nonvegetated surfaces within the shoreland zone shall not exceed 20% of the lot or a portion thereof located within the shoreland zone, including land area previously developed, except in the Downtown Development District and Government and Institutional Service District adjacent to tidal waters and rivers and in the Waterfront Development District, where impervious surface shall not exceed 70%.
[Amended 5-13-1996 by Ord. No. 96-198]
E.
Notwithstanding the requirements stated above, stairways or similar structures may be allowed, with a permit from the Code Enforcement Officer, to provide shoreline access in areas of steep slopes or unstable soils, provided that the structure is limited to a maximum of four feet in width; that the structure does not extend below or over the normal high-water line of a water body or upland edge of a wetland (unless permitted by the Department of Environmental Protection pursuant to the Natural Resources Protection Act, 38 M.R.S.A. § 480-C); and that the applicant demonstrates that no reasonable access alternative exists on the property.
§ 165-38 Piers, docks, wharves and bridges.
Piers, docks, wharves, bridges and other structures and uses extending over or beyond the normal high-water line of a water body or within a wetland shall be subject to the following:
A.
Access from shore shall be developed on soils appropriate for such use and constructed so as to control erosion.
B.
The location shall not interfere with existing developed or natural beach areas.
C.
The facility shall be located so as to minimize adverse effects on fisheries.
D.
The facility shall be no larger in dimension than necessary to carry on the activity and be consistent with the existing conditions, use and character of the area.
E.
No new structure shall be built on, over or abutting a pier, wharf, dock or other structure extending beyond the normal high-water line of a water body or within a wetland unless the structure requires direct access to the water as an operational necessity.
F.
No existing structures built on, over or abutting a pier, dock, wharf or other structure extending beyond the normal high-water line of a water body or within a wetland shall be converted to residential dwelling units in any district.
G.
Except in the Downtown Development District and Waterfront Development District, structures built on, over or abutting a pier, wharf, dock or other structure extending beyond the normal high-water line of a water body or within a wetland shall not exceed 20 feet in height above the pier, wharf, dock or other structure.
§ 165-39 Campgrounds.
Campgrounds shall conform to the minimum requirements imposed under state licensing procedures and the following:
A.
Campgrounds shall contain a minimum of 5,000 square feet of land, not including roads and driveways, for each site. Land supporting wetland vegetation and land below the normal high-water line of a water body shall not be included in calculating land area per site.
B.
The areas intended for placement of a recreational vehicle, tent or shelter and utility and service buildings shall be set back a minimum of 75 feet from the normal high-water line of any water bodies, tributary streams or the upland edge of a wetland.
§ 165-40 Individual private campsites.
Individual private campsites not associated with campgrounds are permitted, provided that the following conditions are met:
A.
One campsite per lot existing on the effective date of this chapter or 30,000 square feet of lot area within the shoreland zone, whichever is less, may be permitted.
B.
Campsite placement on any lot, including the area intended for a recreational vehicle or tent platform, shall be set back 75 feet from the normal high-water line of any water bodies, tributary streams or the upland edge of a wetland.
C.
Recreational vehicles shall not be located on any type of permanent foundation except for a gravel pad, and no structures except canopies shall be attached to the recreational vehicle.
D.
The clearing of vegetation for the siting of the recreational vehicle, tent or similar shelter in a Resource Protection District shall be limited to 1,000 square feet.
E.
A written sewage disposal plan describing the proposed method and location of sewage disposal shall be required for each campsite and shall be approved by the local Plumbing Inspector. Where disposal is off-site, written authorization from the receiving facility or landowner is required.
F.
When a recreational vehicle, tent or similar shelter is placed on site for more than 120 days per year, all requirements for residential structures shall be met, including the installation of a subsurface sewage disposal system in compliance with the State of Maine Subsurface Wastewater Disposal Rules, unless served by public sewage facilities.
§ 165-41 Parking areas.
A.
Parking areas shall meet the shoreline setback requirements for structures for the district in which such areas are located, except in the Downtown Development District and Waterfront Development District, where parking areas shall be set back at least 25 feet from the normal high-water line or the upland edge of a wetland. The setback requirement for parking areas serving public boat-launching facilities in districts other than the Downtown Development and Waterfront Development Districts may be reduced to less than 50 feet from the normal high-water line or upland edge of a wetland if the Planning Board finds that no other reasonable alternative exists.
B.
Parking areas shall be adequately sized for the proposed use and shall be designed to prevent stormwater runoff from flowing directly into a water body and, where feasible, to retain all runoff on-site.
§ 165-42 Roads and driveways.
The following standards shall apply to the construction of roads and/or driveways and drainage systems, culverts and other related features:
A.
Roads and driveways shall be set back at least 75 feet from the normal high-water line of any water bodies, tributary streams or the upland edge of a wetland unless no reasonable alternative exists, as determined by the Planning Board. If no other reasonable alternative exists, the Planning Board may reduce the road and/or driveway setback requirement to no less than 50 feet upon clear showing by the applicant that appropriate techniques will be used to prevent sedimentation of the water body. Such techniques may include, but are not limited to, the installation of settling basins and/or the effective use of additional ditch relief culverts and turnouts placed so as to avoid sedimentation of the water body, tributary stream or wetland.
(1)
On slopes of greater than 20%, the road and/or driveway setback shall be increased by 10 feet for each 5% increase in slope above 20%.
B.
Existing public roads may be expanded within the legal road right-of-way regardless of its setback from a water body.
C.
New roads and driveways are prohibited in a Resource Protection District except to provide access to permitted uses within the district or as approved by the Planning Board upon a finding that no reasonable alternative route or location is available outside the district, in which case the road and/or driveway shall be set back as far as practicable from the normal high-water mark of a water body, tributary stream or upland edge of a wetland.
D.
Road banks shall be no steeper than a slope of two horizontal to one vertical.
E.
Ditch relief (cross-drainage) culverts, drainage dips and water turnouts shall be installed in a manner effective in directing drainage onto unscarified buffer strips before the flow in the road or ditches gains sufficient volume or head to erode the road or ditch. To accomplish this, the following shall apply:
(1)
Ditch relief culverts, drainage dips and associated water turnouts shall be spaced along the road at intervals no greater than indicated in the following table:
Road Grade (percent) | Spacing (feet) |
|---|---|
0 to 2 | 250 |
3 to 5 | 200 to 135 |
6 to 10 | 100 to 80 |
11 to 15 | 80 to 60 |
16 to 20 | 60 to 45 |
21+ | 40 |
(2)
Drainage dips may be used in place of ditch relief culverts only where the road grade is 10% or less.
(3)
On road sections having slopes greater than 10%, ditch relief culverts shall be placed across the road at approximately a thirty-degree angle downslope from a line perpendicular to the center line of the road.
(4)
Ditch relief culverts shall be sufficiently sized and properly installed in order to allow for effective functioning, and their inlet and outlet ends shall be stabilized with appropriate materials.
F.
Ditches, culverts, bridges, dips, water turnouts and other stormwater runoff control installations associated with roads shall be maintained on a regular basis to assure effective functioning.
§ 165-43 Stormwater runoff.
[Amended 6-22-2009 by Ord. No. 09-199; 10-14-2009 by Ord. No. 09-264]
A.
All new construction and development shall be designed to minimize stormwater runoff from the site in excess of the natural predevelopment conditions. Where possible, existing natural runoff control features, such as berms, swales, terraces and wooded areas, shall be retained in order to reduce runoff and encourage infiltration of stormwaters.
§ 165-44 Septic waste disposal.
All subsurface sewage disposal systems shall be installed in conformance with the State of Maine Subsurface Wastewater Disposal Rules or subsequent revisions thereof.
§ 165-45 Essential services.
A.
Where feasible, the installation of essential services shall be limited to existing public ways and existing service corridors.
B.
The installation of essential services is not permitted in a Resource Protection District, except to provide services to a permitted use within said district or except where the applicant demonstrates that no reasonable alternative exists. Where permitted, such structures and facilities shall be located so as to minimize any adverse impacts on surrounding uses and resources, including visual impacts.
§ 165-46 Mineral exploration and extraction.
A.
Mineral exploration to determine the nature or extent of mineral resources shall be accomplished by hand sampling, test boring or other methods which create minimal disturbance of less than 100 square feet of ground surface. A permit from the Code Enforcement Officer shall be required for mineral exploration which exceeds the above limitation. All excavations, including test pits and holes, shall be immediately capped, filled or secured by other equally effective measures so as to restore disturbed areas and to protect the public health and safety.
B.
Mineral extraction may be permitted under the following conditions:
(1)
A reclamation plan shall be filed with and approved by the Planning Board before a permit is granted. Such plan shall describe in detail procedures to be undertaken to fulfill the requirements of Subsection B(4) below.
(2)
Unless authorized pursuant to the Natural Resources Protection Act, 38 M.R.S.A. § 480-C, no part of any extraction operation, including drainage and runoff control features, shall be permitted within 75 feet of the normal high-water mark of any water body, tributary stream or the upland edge of a wetland. Extraction operations shall not be permitted within 75 feet of any property line without written permission of the owner of such adjacent property.
(3)
Within 12 months following the completion of extraction operations at any extraction site, which operations shall be deemed complete when less than 100 cubic yards of materials are removed in any consecutive twelve-month period, ground levels and grades shall be established in accordance with the following:
(a)
All debris, stumps and similar material shall be removed for disposal in an approved location or shall be buried on site. Only materials generated on site may be buried or covered on site.
(b)
The final graded slope shall be two-to-one slope or flatter.
(c)
Topsoil or loam shall be retained to cover all disturbed land areas, which shall be reseeded and stabilized with vegetation native to the area. Additional topsoil or loam shall be obtained from off-site sources if necessary to complete the stabilization project.
(4)
In keeping with the purposes of this chapter, the Planning Board may impose such conditions as are necessary to minimize the adverse impacts associated with mineral extraction operations on surrounding uses and resources.
§ 165-47 Agriculture.
A.
All spreading or disposal of manure shall be accomplished in conformance with the Maine Guidelines for Manure and Manure Sludge Disposal on Land published by the University of Maine Soil and Water Conservation Commission in July 1972, or subsequent revision thereof.
B.
Manure shall not be stored or stockpiled within 75 feet, horizontal distance, of water bodies, tributary streams or wetlands. Within five years of the effective date of this chapter, all manure storage areas within the shoreland zone must be constructed or modified such that the facility produces no discharge of effluent or contaminated stormwater. Existing facilities which do not meet the setback requirement may remain but must meet the no-discharge provision within the above five-year period.
C.
Agricultural activities involving tillage of soil greater than 40,000 square feet in surface area or the spreading, disposal or storage of manure within the shoreland zone shall require a soil and water conservation plan to be filed with the Planning Board. Nonconformance with the provisions of said plan shall be considered to be a violation of this chapter.
D.
Where soil is tilled in a Resource Protection Zone or where soil in excess of 20,000 square feet is tilled, such tillage shall be carried out in conformance with the provisions of a conservation plan which meets the standards of the State Department of Agriculture, Conservation and Forestry and is approved by the appropriate Soil and Water Conservation District. The number of the plan shall be filed with the Planning Board. Nonconformance with the provisions of such conservation plan shall be considered to be a violation of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
E.
There shall be no new tilling of soil within 75 feet, horizontal distance, from any water bodies nor within 25 feet, horizontal distance, of tributary streams and wetlands. Operations in existence on the effective date of this chapter and not in conformance with this provision may be maintained.
F.
After the effective date of this chapter, newly established livestock grazing areas shall not be permitted within 75 feet, horizontal distance, of any water bodies nor within 25 feet, horizontal distance, of tributary streams and wetlands. Livestock grazing associated with ongoing farm activities and which are not in conformance with the above setback provisions may continue, provided that such grazing is conducted in accordance with a soil and water conservation plan.
§ 165-48 Timber harvesting.
[Amended 9-14-1998 by Ord. No. 98-339; 7-25-2016 by Ord. No. 16-273]
Timber harvesting in shoreland areas is regulated through the Maine Forest Service and governed by MFS Rule - Chapter 21: Statewide Standards for Timber Harvesting and Related Activities in Shoreland Areas.
§ 165-49 Clearing of vegetation for development.
A.
In the Resource Protection District, the clearing of vegetation shall be limited to that which is necessary for the uses expressly authorized in that district.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
Except to allow for the development of permitted uses, within a strip of land extending 75 feet, horizontal distance, from any water body, tributary stream or the upland edge of a wetland, a buffer strip of vegetation shall be preserved as follows:
(1)
There shall be no cleared opening greater than 250 square feet in the forest canopy as measured from the outer limits of the tree crown. However, a footpath not to exceed 10 feet in width as measured between tree trunks is permitted, provided that a cleared line of sight to the water through the buffer strip is not created.
(2)
Selective cutting of trees within the buffer strip is permitted, provided that a well-distributed stand of trees and other vegetation is maintained.
(a)
For the purposes of this section, a "well-distributed stand of trees and other vegetation" adjacent to water bodies, tributary streams and wetlands shall be defined as maintaining a rating score of eight or more in any twenty-five-foot by twenty-five-foot square area (625 square feet) as determined by the following rating system:
Diameter of Tree at 4 1/2 Feet Above Ground Level (inches) | Points |
|---|---|
2 to 4 | 1 |
Greater than 4 to 12 | 2 |
Greater than 12 | 4 |
(b)
Notwithstanding the above provisions, no more than 40% of the total volume of trees four inches or more in diameter measured at 4 1/2 feet above ground level may be removed in any ten-year period.
(3)
Pruning of tree branches on the bottom 1/3 of the tree is permitted.
(4)
In order to maintain a buffer strip of vegetation, when the removal of storm-damaged, diseased, unsafe or dead trees results in the creation of cleared openings, these openings shall be replanted with native tree species, unless existing new tree growth is present.
C.
The provisions contained in Subsection B above shall not apply to those portions of public recreational facilities adjacent to public swimming areas. Cleared areas, however, shall be limited to the minimum area necessary.
D.
At distances greater than 75 feet, horizontal distance, from the normal high-water mark of any water body, tributary stream or the upland edge of a wetland, except to allow for the development of permitted uses, there shall be permitted on any lot, in any ten-year period, selective cutting of not more than 40% of the volume of trees four inches or more in diameter measured 4 1/2 feet above ground level. Tree removal in conjunction with the development of permitted uses shall be included in the 40% calculation. For the purposes of these standards, volume may be considered to be equivalent to basal area. In no event shall cleared openings for development, including but not limited to principal and accessory structures, driveways and sewage disposal areas, exceed in the aggregate 25% of the lot area or 10,000 square feet, whichever is greater, including land previously developed. This provision shall not apply to the Downtown Development or Waterfront Development District.
E.
Cleared openings legally in existence on the effective date of this chapter may be maintained but shall not be enlarged, except as permitted by this chapter.
F.
Fields which have reverted to primarily shrubs, trees or other woody vegetation shall be regulated under the provisions of this section.
§ 165-50 Erosion and sedimentation control.
A.
All activities which involve filling, grading, excavation or other similar activities which result in unstabilized soil conditions and which require a permit shall require a written soil erosion and sedimentation control plan. The plan shall be submitted to the permitting authority for approval and shall include, where applicable, provisions for:
B.
In order to create the least potential for erosion, development shall be designed to fit with the topography and soils of the site. Areas of steep slopes where high cuts and fills may be required shall be avoided wherever possible, and natural contours shall be followed as closely as possible. On slopes greater than 25%, there shall be no grading or filling within 100 feet of the normal high-water mark except to protect the shoreline and prevent erosion.
C.
Erosion and sedimentation control measures shall apply to all aspects of the proposed project involving land disturbance and shall be in operation during all stages of the activity. The amount of exposed soil at every phase of construction shall be minimized to reduce the potential for erosion.
D.
Any exposed ground area shall be temporarily or permanently stabilized within one week from the time it was last actively worked by use of riprap, sod, seed and mulch or other effective measures. In all cases, permanent stabilization shall occur within nine months of the initial date of exposure. In addition:
(1)
Where mulch is used, it shall be applied at a rate of at least one bale per 500 square feet and shall be maintained until a catch of vegetation is established.
(2)
Anchoring the mulch with netting, peg and twine or other suitable method may be required to maintain the mulch cover.
(3)
Additional measures shall be taken where necessary in order to avoid siltation into the water. Such measures may include the use of staked hay bales and/or silt fences.
E.
Natural and man-made drainageways and drainage outlets shall be protected from erosion from water flowing through them. Drainageways shall be designed and constructed in order to carry water from a twenty-five-year storm or greater and shall be stabilized with vegetation or lined with riprap.
§ 165-51 Soils.
All land uses shall be located on soils in or upon which the proposed uses or structures can be established or maintained without causing adverse environmental impacts, including severe erosion, mass soil movement, improper drainage and water pollution, whether during or after construction. Proposed uses requiring subsurface waste disposal and commercial or industrial development and other similar intensive land uses shall require a soils report based on an on-site investigation and be prepared by state-certified professionals. Certified persons may include Maine certified soil scientists, Maine licensed professional engineers, Maine state-certified geologists and other persons who have training and experience in the recognition and evaluation of soil properties. The report shall be based upon the analysis of the characteristics of the soil and surrounding land and water areas, maximum groundwater elevation, presence of ledge, drainage conditions and other pertinent data which the evaluator deems appropriate. The soils report shall include recommendations for a proposed use to counteract soil limitations where they exist.
§ 165-52 Water quality.
No activity shall deposit on or into the ground or discharge to the waters of the state any pollutant that, by itself or in combination with other activities or substances, will impair designated uses or the water classification of the water body.
§ 165-53 Archaeological sites.
Any proposed land use activity involving structural development or soil disturbance on or adjacent to sites listed on or eligible to be listed on the National Register of Historic Places, as determined by the permitting authority, shall be submitted by the applicant to the Maine Historic Preservation Commission for review and comment at least 20 days prior to action being taken by the permitting authority. The permitting authority shall consider comments received from the Commission prior to rendering a decision on the application.
§ 165-54 Conditional use standards.
Before the Planning Board shall grant a conditional use permit in the areas of the City of Bangor covered by this article, it shall have determined that the proposed activity:
A.
Will maintain safe and healthful conditions;
B.
Will not result in water pollution, erosion or sedimentation to surface waters;
C.
Will adequately provide for the disposal of all wastewater;
D.
Will not have an adverse impact on spawning grounds, fish, aquatic life and bird and other wildlife habitats;
E.
Will conserve shore cover and visual as well as actual points of access to inland and coastal waters;
F.
Will protect archaeological and historic resources as designated in the City's Comprehensive Plan;
G.
Will not adversely affect fisheries or maritime activities;
H.
Will avoid problems associated with floodplain development and use; and
§ 165-55 Variances.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A copy of all variances granted by the Board of Appeals within the area of the City of Bangor covered by this article shall be submitted to the State Department of Agriculture, Conservation and Forestry and the Department of Environmental Protection within 14 days of the decision. A variance shall not be granted to permit a use or structure otherwise prohibited.
§ 165-56 Amendments.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
This article may be amended by majority vote of the City Council. Copies of amendments, attested and signed by the City Clerk, shall be submitted to the Commissioner of the Department of Environmental Protection following adoption by the City Council and shall not be effective unless approved by the Commissioner of the Department of Environmental Protection. If the Commissioner of the Department of Environmental Protection fails to act on any amendment within 45 days of the Commissioner's receipt of the amendment, the amendment is automatically approved. Any application for a permit submitted to the City within the forty-five-day period shall be governed by the terms the amendment, if such amendment is approved by the Commissioner.
B.
The State Department of Agriculture, Conservation and Forestry shall be notified by the City Clerk of amendments to this chapter which affect the areas of the City of Bangor covered by this article.
§ 165-57 Definitions.
As used in this article, the following terms shall have the meanings indicated:
A facility designed primarily for the launching and landing of watercraft and which may include an access ramp, docking area and parking spaces for vehicles and trailers.
Any area or tract of land to accommodate two or more parties in temporary living quarters, including but not limited to tents, recreational vehicles or other shelters.
All tidal and subtidal lands; all lands below any identifiable debris line left by tidal action; all lands with vegetation present that is tolerant of saltwater and occurs primarily in a saltwater or estuarine habitat; and any swamp, marsh, bog, beach, flat or other contiguous low land which is subject to tidal action during the maximum spring tide level as identified in tide tables published by the National Oceanic and Atmospheric Administration. Coastal wetlands may include portions of coastal sand dunes.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Operations conducted for the public health, safety or general welfare, such as protection of resources from immediate destruction or loss, law enforcement and operations to rescue human beings, property and livestock from the threat of destruction or injury.
The construction, alteration or maintenance of gas, electrical or communication facilities; steam, fuel, electric power or water transmission or distribution lines, towers and related equipment; telephone cables or lines, poles and related equipment; gas, oil, water, slurry or other similar pipelines; municipal sewage lines, collection or supply systems; and associated storage tanks. Such systems may include towers, poles, wires, mains, drains, pipes, conduits, cables, fire alarms and police call boxes, traffic signals, hydrants and similar accessories but shall not include service drops or buildings which are necessary for the furnishing of such services.
Freshwater wetlands dominated by woody vegetation that is six meters (approximately 19.7 feet) tall or taller.
Timber cruising and other forest resource evaluation activities, pesticide or fertilizer application, management planning activities, timber stand improvement, pruning, regeneration of forest stands and other similar or associated activities, exclusive of timber harvesting and the construction, creation or maintenance of roads.
[Amended 1-11-1993 by Ord. No. 93-59]
Freshwater swamps, marshes, bogs and similar areas other than forested wetlands which are:
Of 10 or more contiguous acres or of less than 10 contiguous acres and adjacent to a surface water body, excluding any river, stream or brook, such that in a natural state the combined surface area is in excess of 10 acres; and
Inundated or saturated by surface or ground water at a frequency and for a duration sufficient to support, and which under normal circumstances do support, a prevalence of wetland vegetation typically adapted for life in saturated soils.
Freshwater wetlands may contain small stream channels or inclusions of land that do not conform to the criteria of this definition.
Those uses that require, for their primary purpose, location on submerged lands or that require direct access to, or location in, coastal and inland waters and which cannot be located away from these waters. The uses include, but are not limited to, commercial and recreational fishing and boating facilities, finfish and shellfish processing, fish storage and retail and wholesale fish marketing facilities, waterfront dock and port facilities, shipyards and boatbuilding facilities, marinas, navigation aides, basins and channels, industrial uses dependent upon waterborne transportation or requiring large volumes of cooling or processing water and which cannot reasonably be located or operated at an inland site and uses which primarily provide general public access to marine or tidal waters.
An area of land which is not associated with a campground but which is developed for repeated camping by only one group, not to exceed 10 individuals, and which involves site improvements which may include, but not be limited to, gravel pads, parking areas, fireplaces or tent platforms.
A business establishment having frontage on navigable water and, as its principal use, providing for hire offshore moorings or docking facilities for boats and which may also provide accessory services, such as boat and related sales, boat repair and construction, indoor and outdoor storage of boats and marine equipment, bait and tackle shops and marine fuel service facilities.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Hand sampling, test boring or other methods of determining the nature or extent of mineral resources which create minimal disturbance to the land and which include reasonable measures to restore the land to its original condition.
Any operation within any twelve-month period which removes more than 100 cubic yards of soil, topsoil, loam, sand, gravel, clay, rock, peat or other like material from its natural location and to transport the product removed away from the extraction site.
That line which is apparent from visible markings, changes in the character of soils due to prolonged action of the water or changes in vegetation and which distinguishes between predominantly aquatic and predominantly terrestrial land. In the case of wetlands adjacent to rivers and great ponds, the normal high-water line is the upland edge of the wetland and not the edge of the open water.
Any perennial or intermittent stream, as shown on the most recent edition of the seven-and-one-half-minute series or, if not available, a fifteen-minute series topographic map produced by the United States Geological Survey, that flows from a freshwater wetland.
[Amended 1-10-1994 by Ord. No. 94-55; 12-27-2000 by Ord. No. 01-62; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A place designed and equipped for the conduct of sports, leisure-time activities and other customary and usual recreational activities, excluding boat-launching facilities.
A vehicle or an attachment to a vehicle designed to be towed and designed for temporary sleeping or living quarters for one or more persons and which may include a pickup camper, travel trailer, tent trailer, camp trailer and motor home. In order to be considered as a vehicle and not as a structure, the unit must remain with its tires on the ground and must be registered with the State Bureau of Motor Vehicles.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A free-flowing body of water, including its associated floodplain wetlands, from that point at which it provides drainage for a watershed of 25 square miles to its mouth.
Areas along coastal waters (most often along coastal bays) which support salt-tolerant species and where at average high tide during the growing season the soil is regularly inundated by tidal waters. The predominant species is salt-marsh cordgrass (Spartina alterniflora). More open areas often support widgeon grass, eelgrass and sago pondweed.
Areas which support salt-tolerant plant species bordering the landward side of salt marshes or open coastal water where the soil is saturated during the growing season but which is rarely inundated by tidal water. Indigenous plant species include salt-meadow cordgrass (Spartina patens) and black rush. Common threesquare occurs in fresher areas.
The length of a lot bordering on a water body measured in a straight line between the intersections of the lot lines with the shoreline at normal high-water elevation.
The land area located within 250 feet, horizontal distance, of the normal high-water line of any great pond, river or saltwater body; within 75 feet of the upland edge of a coastal or freshwater wetland; or within 75 feet of the normal high-water line of a stream or outlet stream.
[Amended 12-27-2000 by Ord. No. 01-62]
A free-flowing body of water from the outlet of a great pond or the confluence of two perennial streams, as depicted on the most recent edition of a United States Geological Survey seven-and-one-half-minute series topographic map or, if not available, a fifteen-minute series topographic map, to the point where the body of water becomes a river or flows to another water body or wetland within a shoreland zone.
The cutting and removal of trees from their growing site and the attendant operation of cutting and skidding machinery, but not the construction or creation of roads. Timber harvesting does not include the clearing of land for approved construction.
A channel between defined banks created by the action of surface water, whether intermittent or perennial, and which is characterized by the lack of upland vegetation or presence of aquatic vegetation and by the presence of a bed devoid of topsoil containing waterborne deposits on exposed soil, parent material or bedrock and which flows to a water body or wetland as defined. This definition does not include the term "stream" as defined elsewhere in this chapter and only applies to that portion of the tributary stream located within the shoreland zone of the receiving water body or wetland.
The boundary between upland and wetland.
All live trees, shrubs, ground cover and other plants, including, without limitation, trees both over and under four inches in diameter measured at 4 1/2 feet above ground level.
Any great pond, river, stream, outlet stream or tidal area.
[Amended 12-27-2000 by Ord. No. 01-62]
Any project extending from one bank to the opposite bank of a river or stream, whether under, through or over the watercourse. Such projects include but may not be limited to roads, fords, bridges, culverts, water lines, sewer lines and cables, as well as maintenance work on these crossings.
A freshwater or coastal wetland.
Wetlands contiguous with or adjacent to a great pond or river and which, during normal high water, are connected by surface water to the great pond or river. Also included are wetlands which are separated from the great pond or river by a berm, causeway or similar feature less than 100 feet in width and which have a surface elevation at or below the normal high-water line of the great pond or river.
§ 165-58 Airport glide zones.
No building permit shall be issued by the Code Enforcement Officer or approved by the Planning Board for any building or structure which will violate the provisions of the federal aviation regulations in effect in the vicinity of Bangor International Airport.
§ 165-59 Exemptions.
[Amended 5-22-2006 by Ord. No. 06-152; 3-24-2008 by Ord. No. 08-104]
A.
The limitations on height as provided in this chapter shall not apply to the following structures, provided that they do not come within the airport glide zone as provided in § 165-58 above, and provided that such uses shall not exceed 15 feet in height in addition to the limitations already permitted in the various districts:
(1)
Church spires, belfries, cupolas and domes, monuments, water towers, silos, chimneys, smokestacks, derricks, conveyors, and flagpoles.
(2)
Bulkheads, elevator penthouses and water tanks, provided that such structures permitted by this Subsection A(2) shall not have an aggregate floor area greater than 10% of the gross building floor area, and further provided that no linear dimensions of any such structure shall exceed 50% of the corresponding street lot line frontage.
(3)
Any accessory buildings or structures, as defined in this chapter, to be used for manufacturing purposes, provided that such structure is required in the manufacturing process conducted on the premises, and provided further that all such structures above the limiting heights of the applicable district shall not encompass more than 25% of the area of the lot, shall set back not less than 25 feet from every lot line, other than the street lines, and shall not be less than one foot from the opposite side of each adjacent structure on any adjoining lot for each two feet of vertical height.
B.
The limitations on height as provided in this chapter shall not apply to towers and antennas that are owned and operated by governmental bodies, provided that they are used solely for emergency telecommunications purposes and further provided that they do not come within the airport glide zone as provided in § 165-58 above.
C.
Heights of cellular telecommunication towers and radio and television broadcast towers shall be regulated exclusively by the provisions of the zoning district where they are located and the provisions of § 165-80.1, provided that if federal law requires a greater minimum height, that minimum height shall be allowed.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 165-60 Conditional uses.
[Amended 3-24-2008 by Ord. No. 08-104]
The following structures shall be considered under this chapter in any district and shall not be permitted without approval by the Planning Board. The Planning Board may authorize a conditional use for structures in excess of 15 feet above the applicable height limitations otherwise provided in this chapter for church spires, belfries, monuments, tanks, water and fire towers, oil derricks and spires, provided that:
A.
Such structures do not negatively impact uses in adjacent districts in which they are not permitted in a clearly demonstrable manner, such as casting shadows, depriving the adjacent property of light, air or view or drastically altering the appearance of the setting of such adjacent property improvements.
B.
Regardless of the zoning districts involved, such structures will not be located within 100 feet of any existing residential building (any structure containing dwelling units), nor will the proposed structure violate the provisions of Subsection A above in regard to any such residential building.
C.
The regulation of heights of cellular telecommunication towers and radio and television broadcast towers shall be regulated exclusively by the provisions of the zoning district where they are located and the provisions of § 165-80.1, provided that if federal law requires a greater minimum height, that minimum height shall be allowed.
§ 165-61 Large-scale buildings.
[Amended 1-25-1993 by Ord. No. 93-89]
Regardless of the maximum district height limit for buildings in the Industry and Service District in Article XIX of this chapter, any building containing in excess of 250,000 square feet of floor area may add 10 feet to its height in excess of the maximum district height for each 100,000 square feet of gross area in excess of 250,000 square feet of gross floor area. Any such building with an excess of 350,000 square feet of gross floor area may have a height 10 feet greater than the district maximum; any building with more than 450,000 square feet of floor area may have a height 20 feet greater than the district maximum, etc. In no case will this provision permit variation from other height restrictions in this chapter, such as that contained in § 165-58 above.
§ 165-62 Visual clearance on corner lots.
[Amended 4-11-2011 by Ord. No. 11-100; 11-13-2019 by Ord. No. 19-416]
On a corner lot in any district, except the Downtown Development District, Waterfront Development District, and Bass Park District, in order to provide adequate vehicular visual clearance, no building or structure may be erected and no vegetation other than shade trees may be placed, grown or maintained between the heights of 2 1/2 feet and 10 feet above the curb level, or its equivalent, and no parking space shall be created or used, within the triangular space formed by two intersecting street lines or their projections and a line joining points on such street lines located a minimum of 20 feet from the point of intersection of street lot lines.
§ 165-63 Building setback on planned streets and interstate highways.
[Amended 1-12-2009 by Ord. No. 09-027]
After the street line of a planned future street is placed on the Official Map of the City of Bangor, buildings and other structures thereafter constructed shall be set back from such line as though it were an existing street line, in accordance with the front yard requirements of the applicable zoning district. Properties abutting an interstate highway and related access and egress ramp rights-of-way shall maintain the minimum building setback from the right-of-way for rear yards based on the zoning district in which they are located. All other development standards, including parking, buffers, display, and others, shall remain as a front yard.
§ 165-64 Side yard width.
Wherever a side yard is adjacent to a street, the regulations for front yard setback shall apply to the side yard.
§ 165-65 Yard space for group buildings.
Where a parcel of land is to be occupied by more than one building, other than an accessory building, each principal building shall be treated as though on a separate lot, unless the Planning Board, after site development review, authorizes a redistribution of required yard space in harmony with the intent and purpose of this chapter.
§ 165-66 Zoning district boundaries.
[Amended 6-26-2006 by Ord. No. 06-223; 4-9-2007 by Ord. No. 07-97; 4-11-2011 by Ord. No. 11-100; 12-10-2012 by Ord. No. 13-027]
Where the side or rear lot line of a lot in a Neighborhood Service District (NSD), Urban Service District (USD), Airport Development District (ADD), Urban Industry District (UID), Government and Institutional Service District (G & ISD), Shopping and Personal Service District (S & PS), General Commercial and Service District (GC & S), Industry and Service District (I & S), Technology & Service District (T & S), or Bass Park District (BPD) abuts any residential district, Resource Protection District (RP) or Park and Open Space District (P & O), a transitional yard will be established in accordance with the district development standards, and any applicable side or rear yard building setback shall either be increased by 20 feet with at least a Buffer Yard A (as defined in § 165-135D) established, or be increased by 10 feet with at least a Buffer Yard B established. Any applicable side or rear parking setback shall be governed by § 165-73D(1).
§ 165-67 Outdoor display and storage buffer yard.
[Added 7-28-1997 by Ord. No. 97-312]
Any outdoor display of goods, materials, merchandise or other stock-in-trade intended for sale, exchange or trade and any outdoor storage of goods, materials or merchandise used in an industrial process or as stock-in-trade shall be subject to the following requirements:
§ 165-68 Lot frontage.
Each lot for which a minimum lot width is required shall have a minimum frontage on a street not less than 50 feet, except as follows:
A.
Where a lot is located to the rear of another lot or lots which front on an improved public street, such lot may be used for uses permitted in the zone, provided that:
(1)
There exists an unobstructed access to the rear lot from the public street over land which is not needed to meet the minimum requirements of the district for the front lot.
(2)
Such access is at least 25 feet in width for the full distance along the front yard and from the public street to the rear lot.
(3)
Such access strip shall not be used in the computation of minimum area and dimensional requirements of the district for said rear lot.
(4)
Such rear lot meets the requirements of the district in which it lies (other than the exemption of this section with regard to frontage). For the purposes of area and yard requirements, the front yard setback line of such lots will be deemed to be at the prescribed setback distance from the deepest rear property line of the lot or lots between said rear lot and the nearest public street.
(5)
The provisions of this section shall apply to lots lacking the necessary street frontage on the date of passage hereof and not to any new lots created hereafter, unless such lot or lots are developed under other provisions of this chapter as part of a group development approved under Article XVI.
B.
Flag lots. Subject to approval under Article XVI, meeting the requirements of Article XVIII, the Planning Board may allow the creation of so-called "flag lots" in any district, provided that:
(1)
Such lot meets the minimum street frontage requirement of this section of 50 feet.
(3)
Such access strip shall not be used in the computation of minimum area and dimensional requirements of the district for said rear lot.
[Added 12-10-2012 by Ord. No. 13-026]
(4)
Such rear lot meets the requirements of the district in which it lies (other than the exemption of this section with regard to frontage). For the purposes of area and yard requirements, the front yard setback line of such lots will be deemed to be at the prescribed setback distance from the deepest rear property line of the lot or lots between said rear lot and the nearest public street.
[Added 12-10-2012 by Ord. No. 13-026]
(5)
Only one tier of such rear lots shall be permitted behind the tier of lots fronting on the street.
[Added 12-10-2012 by Ord. No. 13-026]
(6)
The access strip shall maintain a minimum width of 50 feet to such rear portion of such lot and shall not exceed 200 feet in length.
[Added 12-10-2012 by Ord. No. 13-026]
(7)
Lots zoned in the Rural Residence and Agriculture District may exceed the 200-foot length requirement for the access strip requirement subject to the following conditions:
[Added 6-27-2022 by Ord. No. 22-215[2]]
(a)
The entirety or majority of the subject property and the resulting lot shall be in the RR & A District.
(b)
The subject lot shall not create any violations of the Code as a result of the creation of the flag lot.
(c)
All structures on the subject lot shall meet the front yard setback provision of RR & A concerning the access strip of the flag lot.
(d)
The location of the curb cut on the public street is subject to review and approval by the City Engineer.
[2]
Editor's Note: This ordinance also redesignated former Subsection B(7) through (9) as Subsection B(8) through (10), respectively.
(8)
Flag lots shall not be created as part of a subdivision when located on a proposed roadway, but may be proposed on existing roadways.
[Added 12-10-2012 by Ord. No. 13-026]
(9)
Applications for flag lot approval shall be stamped by a professional land surveyor.
[Added 12-10-2012 by Ord. No. 13-026]
(11)
The approved plan and Planning Board decision shall be recorded in the Penobscot Registry of Deeds within 90 days of Planning Board approval. Evidence of recording shall be provided to the Code Enforcement Officer before the issuance of any permits for the subject property and the resulting approved flag lot. Approved plans and decisions that are not recorded shall be voided.
[Added 6-27-2022 by Ord. No. 22-215]
§ 165-69 Planned group development.
A planned development for any residential or commercial complex permitted under other provisions of this chapter shall be considered as one site development parcel under the applicable site development standards of the zoning district in which it lies and for subdivision purposes, regardless of the proposed method of ownership for the land area, buildings, portions of buildings, site improvements or any combination thereof, provided that:
A.
The planned development shall not create increases in prescribed densities and/or lot coverage or reduce the required area for yards and off-street parking or violate any other site development standards applicable to the district.
B.
Any method of ownership for the land area, buildings, portions of buildings, site improvements or any combination thereof shall afford those acquiring such ownership interests access to and use of such other portions of the planned development as are necessary for:
(1)
Access to all portions of the planned development from a public right-of-way;
(2)
Access to the parking areas required under this chapter;
(3)
Access to the common areas of the planned development, including the yards and open spaces required under this chapter; or
(4)
Compliance with the site development standards required under this chapter in the district in which such group development lies.
C.
The applicant shall have the burden of demonstrating that the proposed method of ownership complies with the foregoing requirements. To that end, the applicant shall submit, as part of the land development review process, copies of all proposed documents relating to the creation of ownership interests, the dedication of all common areas or elements and the organizational arrangements for the ownership, maintenance, use and preservation of all common areas or elements of the planned development.
D.
A planned development must receive site development approval in accordance with Article XVI of this chapter.
E.
Where two adjoining properties are merged via a planned group development, 50% of the applicable common side yards and buffer plantings shall be redistributed to the internal parking green space and/or remaining perimeter buffer plantings in accordance with Articles X and XIX of this chapter.
[Added 4-9-2007 by Ord. No. 07-97]
§ 165-70 Minor yard and area variations.
[Amended 1-11-1993 by Ord. No. 93-59; 11-13-2019 by Ord. No. 19-416]
Notwithstanding the area and yard requirements for the various zoning districts in Article XIII (Zoning Districts URD-1, URD-2, M & SD, NSD, USD, DDD, WDD, ADD, UID and G & ISD only), as enumerated in Article XIX of this chapter, and, in all zoning districts, the parking buffer requirements in §§ 165-62 and 165-73B, the Code Enforcement Officer may allow the following variations from district standards after first notifying abutting property owners of record:
A.
Front yard setback may be reduced to the average setback of the primary use structures on the two lots on either side of the subject parcel and in continuous frontage with said parcel.
B.
A reduction of up to 10% of the applicable side and/or rear yard minimum setback requirement.
C.
A reduction in lot area or lot width or an increase in maximum height or maximum lot coverage of up to 5% of the applicable district standard, and in no case will additional variations in development standards be permitted which would allow the cumulative variation to exceed the limits prescribed in Subsections A through C.
D.
A reduction in the side yard and/or rear yard minimum setback requirements for freestanding accessory use buildings to not less than five feet in the URD-1, URD-2 and M & SD Zoning Districts only.
E.
A reduction or elimination of the parking setback requirements found in § 165-73B. Such variation may also reduce the width of required buffer plantings in § 165-73D as a result. The parking setback reduction or elimination may only be allowed if all the following conditions are met:
(1)
The subject parking area is not fronting a major or minor arterial street.
(2)
The setback reduction is for a setback between the subject parking area and a City street.
(3)
A buffer area at least 1/2 of the otherwise required setback width is maintained between the subject parking area and the closest paved portion of the right-of-way, whether sidewalk or street.
§ 165-70.1 Preexisting unlotted subdivisions.
[Added 9-28-1998 by Ord. No. 98-365]
A legally established site development containing three or more primary use structures, built prior to September of 1971, may be lotted into individual parcels and given subdivision approval by the Planning Board under this chapter, provided that:
A.
The creation of site nonconformities (which are assumed to be preexisting under the provisions of this section) shall be kept to the minimum necessary to create viable lotting, including the provision of adequate minimum rights-of-way for any public streets.
B.
The Planning Board shall find that the resulting parcelization does not negatively impact the area in which it is located.
C.
Lots created under such subdivision approval shall be made to conform to the standards of the district in which they are located, to the degree practicable, and such lots, once the subdivision is approved by the Planning Board, shall be considered legally grandfathered under the Land Development Code.
§ 165-70.2 Open space parcel.
[Added 8-11-2008 by Ord. No. 08-250]
A.
Notwithstanding the requirements of this chapter, an open space parcel, as defined, may be exempted from area, width, frontage, and other requirements of the Land Development Code, provided that it meets the following standards.
B.
Planning Board review and approval required. An open space parcel shall be reviewed and approved by the Planning Board. If the open space parcel is part of a major subdivision under review, the open space subdivision standards under § 165-128 of the Land Development Code shall apply. Where consideration of such parcel takes place outside of major subdivision review, the following guidelines should be followed.
C.
Determination of suitability. For an open space parcel to be exempted from requirements of this chapter, the Planning Board must find that it meets the following conditions:
(1)
Be consistent with the Comprehensive Plan of the City of Bangor;
(2)
Be consistent with the open space plan of the City of Bangor;
(3)
Be protected in perpetuity from development that is inconsistent with the intended long-range use of the open space; and
(4)
Provide for one or more people or organizations to be responsible for any necessary maintenance, taxes, and insurance on the lot or parcel.
D.
Submission requirements. Applicants shall provide the Planning Board with all information necessary for the Board to evaluate the lot or parcel to be conserved, including, but not limited to:
E.
Other conditions. Conservation easements, deed restrictions, and other instruments preserving land as open space must be approved by the City Solicitor's Office and be executed and delivered to the Planning Division within 120 days of approval.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 165-70.3 Setbacks from railroad parcels.
[Added 1-14-2019 by Ord. No. 19-053]
Notwithstanding the minimum yard depths set forth in Schedules A, B, and C of this Chapter 165,[1] no setback shall be required on the property of an abutter of property owned by a company which operates a railroad from the property line between the two properties if:
A.
An active track is located on the railroad property; and
B.
The track is located within 25 feet of the property line between the two properties.
[1]
Editor's Note: Schedules A, B, and C are included as attachments to this chapter.
§ 165-71 Residential districts.
A.
In a residential district, use of parking spaces shall be limited to noncommercial vehicles, one vehicle of three-fourths-ton capacity or less per dwelling unit, when primarily intended for personal or limited business use.
B.
Commercial vehicles in excess of 3/4 ton may not be parked or stored in a residential district except for periods up to four hours.
D.
Driveways in residential districts may be used to meet parking requirements for boardinghouses, and buildings containing two to four dwelling units, without the need to meet requirements in §§ 165-73 and 165-74 below. Driveway length must be at least 18 feet for each parking space required.
[Added 6-27-2022 by Ord. No. 22-214]
§ 165-72 Required number of spaces.
A minimum number of off-street parking spaces shall be provided and maintained by the owner of every building or property hereafter erected, altered or changed in use, in accordance with the following requirements:
A.
Governmental-subsidized, low-income housing for the elderly: 1/2 space per dwelling unit.
C.
Congregate housing for the elderly, boardinghouses, and co-living dormitories: one space per three dwelling units or rooms.
[Amended 6-27-2022 by Ord. No. 22-214; 3-11-2024 by Ord. No. 24-089]
D.
Group home, halfway house, community living facility or emergency shelter: one space for each six clients to be housed, plus one space for each staff person to be on the premises during the peak shift.
E.
All other dwellings: one space per dwelling unit.
[Amended 7-19-2021 by Ord. No. 21-259; 3-25-2024 by Ord. No. 24-099]
F.
Bed-and-breakfast: one space per guest room.
[Amended 6-27-2022 by Ord. No. 22-214]
G.
Hotel, motel or inn: one space per guest room.
H.
Hospital, sanitarium or nursing home: one space for every four patient beds.
I.
Medical complex, including a hospital as the central facility.
(1)
The sum of spaces required for the various activities, based upon:
(a)
One space for each 1 1/2 hospital employees on the peak shift.
(b)
Visitor parking: one space for every four patient beds.
(c)
Outpatient parking sufficient to provide for all outpatient activities.
(d)
Office parking for physicians and others and their clients, but at least one space for every 200 square feet of floor area for such offices.
(e)
Adequate parking for such other facilities and services, such as retail sales, overnight accommodations for non-hospital-bed persons, etc., in accordance with standards for comparable uses in this article.
(2)
The Code Enforcement Officer, in consultation with the Planning Officer and City Engineer, may accept an empirical determination of overall parking needs of such a complex prepared by a qualified parking analyst.
J.
Place of assembly, such as a restaurant, tavern, entertainment or recreation facility, private club, community center or church, for which seating capacity can be determined: one space for every four seats and every eight linear feet of bench space. Such places of assembly for which seating capacity cannot be determined: one space for every 200 square feet of assembly area.
[Amended 3-8-2021 by Ord. No. 21-099]
L.
Retail or service business:
[Amended 1-11-2010 by Ord. No. 10-038]
(1)
Retail stores limited to furniture and large appliance sales: one space for each 300 square feet of gross floor area for the first 2.000 square feet and one space for each 600 square feet in excess of 2,000 square feet.
(4)
All other retail and service businesses: one space for each 300 square feet of gross floor area.
M.
Drive-in business serving food: one space for every 200 square feet of seating area; other drive-in businesses: minimum five spaces.
[Amended 3-8-2021 by Ord. No. 21-099]
N.
Wholesale, warehouse business or industrial plant: one space for each 1 1/2 employees per shift, plus visitor and customer parking to meet needs of specific operations.
O.
Other provisions:
[Amended 3-8-2021 by Ord. No. 21-099; 3-25-2024 by Ord. No. 24-099]
(1)
Uses not listed in this schedule: The Code Enforcement Officer, in consultation with the Planning Officer and City Engineer, shall determine the number of spaces required based on Institute of Transportation Engineers standards for the most similar use or uses, or may accept an empirical determination of overall parking needs of a use as prepared by a qualified parking analyst.
(2)
Combination of above uses in § 165-72: the sum of the requirements of the various uses computed separately if the peak hour use is similar in the opinion of the Code Enforcement Officer, or in the opinion of the Planning Board if a land development permit is required; otherwise, the number of parking spaces required for the use requiring the greatest number of spaces.
(3)
In addition to the above requirements, sufficient spaces shall be provided to accommodate parking requirements of employees and company vehicles as may be needed.
P.
Combination of above uses: the sum of the requirements of the various uses computed separately if the peak hour use is similar in the opinion of the Code Enforcement Officer, or in the opinion of the Planning Board if a land development permit is required; otherwise, the number of parking spaces required for the use requiring the greatest number of spaces.
[Amended 1-10-1994 by Ord. No. 94-55; 3-8-2021 by Ord. No. 21-099]
Q.
In addition to the above requirements, sufficient spaces shall be provided to accommodate parking requirements of employees and company vehicles as may be needed.
R.
Exemptions from the requirements of this § 165-72 are as follows:
[Amended 6-24-1996 by Ord. No. 96-241; 10-27-2003 by Ord. No. 03-318; 10-22-2007 by Ord. No. 07-321; 4-11-2011 by Ord. No. 11-100; 1-23-2017 by Ord. No. 17-054; 3-13-2017 by Ord. No. 17-096]
(1)
The Downtown Development District and the Bass Park District shall be exempt from the requirements of this section except Subsection S.
(2)
The Waterfront Development District shall be exempt from the requirements of this section if:
(a)
The total on-site requirement is less than 25 spaces and there is adjacent on-street parking; or
(b)
There is an existing public parking lot or parking garage of 25 or more spaces within 1,000 feet of the building; or
(c)
The City Council has authorized funding to construct parking of 25 or more spaces intended to serve this use within 1,000 feet of the building.
(3)
Uses in Neighborhood Service District parcels are permitted to have five fewer parking spaces than would otherwise be required under this section. If the number of parking spaces required would as a result be zero or fewer, then no parking spaces are required for that use.
[Amended 1-8-2018 by Ord. No. 18-064]
(4)
Small day-care facilities are not required to have any parking spaces other than those required by other uses on the property.
[Added 3-13-2017 by Ord. No. 17-096]
(5)
Outdoor seating for places of assembly shall not be subject to parking requirements for the outdoor seating area.
[Added 3-8-2021by Ord. No. 21-099]
(6)
Accessory dwelling units shall be exempt from the requirements of this section.
[Added 9-11-2023 by Ord. No. 23-258]
S.
Handicapped accessible spaces.
(1)
In addition to the above requirements, any building or facility constructed as a place of public accommodation, as defined by the Maine Human Rights Act, as it may be amended from time to time,[4] or when the estimated total costs for remodeling or enlarging such an existing building or facility exceed $150,000, shall provide for the following:
Total Parking Spaces | Required Minimum Number of Handicapped Accessible Spaces |
|---|---|
1 to 25 | 1 |
26 to 50 | 2 |
51 to 75 | 3 |
76 to 100 | 4 |
101 to 150 | 5 |
151 to 200 | 6 |
201 to 300 | 7 |
301 to 400 | 8 |
401 to 500 | 9 |
501 to 1,000 | 2% of total |
1,001 and over | 20 plus 1 for every 100 over 1,000 |
[4]
Editor's Note: See 5 M.R.S.A. § 4551 et seq.
(2)
The total number of accessible parking spaces shall be distributed to serve the various accessible entrances as well as possible.
[Amended 1-10-1994 by Ord. No. 94-55]
T.
In addition to the above requirements, any building or facility constructed as a place of employment, as defined by the Maine Human Rights Act, as it may be amended from time to time, or when the estimated total costs for remodeling or enlarging such an existing building or facility exceed $100,000, shall be subject to the same requirements as in Subsection S above.
U.
Leases for parking spaces must run for the life of the lease of the use or five years, whichever is greater, and be to the benefit of the applicant specifically, except for formal leases with the City for public parking spaces.
§ 165-73 Parking area location and screening.
The location of off-street parking shall comply with the following requirements:
A.
All parking spaces shall be located on the same or adjacent lot with the principal building or use served, except that when such parking spaces cannot be reasonably provided on the same or adjacent lot, the Planning Board may authorize parking on another lot within 500 feet distance of the premises to be served by such parking, provided that such lot is held under the same ownership or lease and is located in the same or a less restrictive district as the building or use served.
B.
In any district, no off-street parking space, outdoor display area or outdoor storage area shall be located closer to a street line, side lot line or rear lot line than the minimum distance in feet indicated on the following schedule:
[Amended 10-24-1994 by Ord. No. 94-439; 7-28-1997 by Ord. No. 97-312; 3-24-2003 by Ord. No. 03-106; 6-26-2006 by Ord. No. 06-223; 4-9-2007 by Ord. No. 07-97; 4-11-2011 by Ord. No. 11-100; 3-8-2021 by Ord. No. 21-099]
District | Minimum Distance in Feet From | |||
|---|---|---|---|---|
Street Line | Side Lot Line | Rear Lot Line | ||
URD-1, URD-2, M & SD, NSD, USD, WDD, ADD, DDD, BPD and UID with 50 or more spaces | 10 | 5 | 10 | |
I & S, T & S, G & ISD, S & PS, GC & S, P & O, RR & A, RP, LDR and HDR | 20 | 5 | 5 | |
ADD, WDD, URD-2. M & SD, USD, NSD, BPD and DDD with less than 50 spaces | 6 | 5 | 5 | |
I & S, G & ISD, GC & S, BPD and S & PS | ||||
With more than 100 spaces | 20 | 15 | 15 | |
With more than 250 spaces | 25 | 20 | 20 | |
With more than 500 spaces | 35 | 25 | 25 | |
C.
Electric vehicle (EV) supply equipment are exempt from setback requirements and therefore may be located in the parking setbacks listed in § 165-73B above. EV supply equipment does not require a land development permit, but must meet National Electrical Code standards. If buffering and/or screening is required for the lot in question where the EV supply equipment is proposed, the buffering/screening may be eliminated within five feet in any direction of the equipment.
[Amended 10-24-2022 by Ord. No. 22-347[1]]
[1]
Editor's Note: Former Subsection C, regarding parking spaces in front yards, was repealed 4-9-2007 by Ord. No. 07-97.
D.
Screening of parking. All parking lots containing five or more parking spaces, outdoor display areas, outdoor storage areas and all outdoor off-street loading areas shall be screened in accordance with the following requirements:
[Amended 7-28-1997 by Ord. No. 97-312; 9-9-2002 by Ord. No. 02-322; 3-24-2003 by Ord. No. 03-106; 4-9-2007 by Ord. No. 07-97]
(1)
All parking lots and off-street loading areas shall have a C Buffer Yard as provided in Article XIX along any property line abutting any residential district, any Multifamily and Service District, any Government and Institutional Service District, any Rural Residence and Agricultural District, any Park and Open Space District, any Resource Protection District and any Stream Protection District; excepting that parking lots and off-street loading areas in URD-2, M & SD, and NSD containing no more than 10 parking spaces shall instead have an A Buffer Yard along such property lines.
[Amended 9-10-2018 by Ord. No. 18-315]
(2)
All parking lots fronting on a public street or private way shall have an E Buffer Yard along the street right-of-way boundary. All off-street loading areas fronting on a public street or private way shall have a B Buffer Yard along the street right-of-way boundary, except loading areas fronting on a public street or private way in DDD, WDD, URD-2, M & SD, USD, BPD, and NSD with less than 50 spaces shall have an A Buffer Yard. For the purpose of this subsection, the term "private way" shall not include a railroad.
[Amended 4-11-2011 by Ord. No. 11-100; 11-13-2019 by Ord. No. 19-416]
§ 165-74 Design, construction and maintenance.
All off-street parking areas shall be constructed and maintained in accordance with the requirements of the Building Code of the City of Bangor, Chapter 81, § 81-1. All off-street parking areas containing 50 or more spaces shall have such interior landscaping as may be approved by the Planning Board pursuant to land development review for purposes of reducing any adverse effects resulting from extensive areas of pavement. In addition, all off-street parking areas shall meet the following requirements:
A.
Minimum design standards (surface parking).
(2)
Minimum standards for diagonal parking shall be as follows:
Type of Parking Space | Parking Angle | ||
|---|---|---|---|
45º | 60º | 75º | |
Stall width (feet) | 9.0 | 9.0 | 9.0 |
Stall length (feet) | 25.0 | 22.0 | 20.0 |
Stall depth (feet) (aisle to curb) | 17.5 | 19.0 | 19.5 |
Aisle width (feet) (one-way travel) | 12.0 | 16.0 | 23.0 |
(3)
Minimum standards for an employee lot containing 50 or more spaces physically separated from public access parking areas with not more than 50% subcompact spaces shall be as follows:
Type of Parking Space | Parking Angle | |||
|---|---|---|---|---|
45º | 60º | 75º | 90º | |
Stall width (feet) | 8.5 | 8.5 | 8.5 | 8.5 |
Subcompact | 8.0 | 8.0 | 8.0 | 8.0 |
Stall length (feet) | 25.0 | 22.0 | 20.0 | 18.0 |
Subcompact | 21.0 | 18.5 | 16.8 | 15.0 |
Stall depth, aisle to curb (feet) | 17.5 | 19.0 | 19.5 | 18.0 |
Subcompact | 14.8 | 16.0 | 16.3 | 15.0 |
Aisle width (feet) | 12.0 | 16.0 | 23.0 | 24.0 |
Subcompact | 11.0 | 14.0 | 17.5 | 20.0 |
B.
Required parking lot improvements. All off-street parking areas containing three or more rows of spaces shall be constructed with raised dividers of at least five feet in width between adjacent rows of parking spaces in at least every other double row and raised traffic islands of at least four feet in width at the end of rows of spaces to separate access drives from parked vehicles, except in employee lots as provided for in Subsection A(3) above, which may be constructed with only 50% of the physical islands and landscaping requirements if, in the opinion of the Planning Board, the parking area can function properly without some of the required dividers and traffic islands.
[Amended 4-9-2007 by Ord. No. 07-97]
C.
Paving. Parking lot paving will be required in accordance with the following schedule:
[Amended 6-26-2006 by Ord. No. 06-223; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
District | Extent of Paving Required |
|---|---|
URD-2, M & SD, NSD, USD, DDD, WDD, G & ISD, LDR, HDR, T & S and S & PS | All parking, loading, display and maneuvering surfaces |
ADD, UID, GC & S and I & S | All front yard display, maneuvering and parking area surfaces |
D.
Parking lot design.
[Added 4-9-2007 by Ord. No. 07-97]
(1)
Circulation routes. Parking lots shall provide well-defined circulation routes for vehicles and pedestrians.
(2)
Traffic control devices. Traffic control signs and devices shall be used to direct traffic where necessary within a parking lot.
(3)
Orientation. Parking bays shall be perpendicular to the buildings they serve to the maximum extent feasible. Large parking lots shall include walkways that are located in places that are logical and convenient for pedestrians.
(4)
Landscaped islands. To the maximum extent feasible, landscaped islands shall be used to define parking lot entrances, ends of all parking aisles and location and pattern of primary internal access drives, and to provide pedestrian refuge areas and walkways.
(5)
Points of conflict. The lot layout shall specifically address the interrelation of pedestrian and vehicular circulation in order to provide continuous, direct pedestrian access with a minimum of driveway and drive aisle crossings. Special treatments of pedestrian crossings shall be used, such as special paving materials additional signage, and other means.
(6)
Pad sites. Buildings should not be located so as to be within the parking bays. Separate building sites shall provide well-defined landscape islands controlling traffic flow around any such facilities.
(7)
Scale. Large surface parking lots shall be visually and functionally segmented into several smaller lots according to the following standards:
(a)
All rows of parking spaces shall contain raised end islands. A minimum percentage of the interior of the parking lot shall be landscaped and planted, exclusive of required buffer plantings, according to the schedule below:
Number of Spaces | Percent Green Space | Shade Trees (per 10 spaces) | Shrubs (per 10 spaces) |
|---|---|---|---|
50 or more | 5% | 1 | 4 |
250 or more | 10% | 1.5 | 6 |
500 or more | 15% | 2 | 8 |
(b)
Required green space shall be provided within planted islands between rows, end islands and islands between access drives and parking stalls. Where parking areas are located on several sides of the building, landscaped areas should be located in portions most visible to the traveling public. No less than 50% of the interior shrubs shall be of an evergreen variety. Up to 30% of the internal green space may include stormwater devices, bicycle racks, outdoor seating, benches and other pedestrian amenities.
[Amended 3-8-2021 by Ord. No. 21-099]
§ 165-75 Parking structures or decks.
[Amended 12-12-2005 by Ord. No. 06-22]
Parking structures or decks shall meet the design standards of § 165-74A(1), (2) and (3) above, except that the Planning Board may alter such standards in cases where the designer can demonstrate a reasonable need for such alteration because of the particular structural arrangement of the proposed structure or deck and can demonstrate the workability of the parking and circulation arrangement within the structure or deck. Parking structures or decks shall meet the applicable structure setback for the district in which they are situated in lieu of the parking setback and shall be exempt from the specific parking buffer yard requirements between the structure and the public right-of-way limits.
§ 165-76 Required loading spaces.
[Amended 9-14-1998 by Ord. No. 98-339]
A minimum number 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 (square feet) | Spaces Required |
|---|---|---|
Hotel or office building | 3,000 to 50,000 | 1 |
50,001 or more | 2 | |
Retail, service, wholesale warehouse, industrial or institutional use | 1,000 to 25,000 | 1 |
25,001 to 50,000 | 2 | |
50,001 to 100,000 | 3 | |
For each additional 50,000 or fraction thereof | 1 additional | |
Apartment buildings with 10 or more units | 1 |
§ 165-77 Size of loading spaces.
Each off-street loading space comply with the following requirements:
Gross Floor Area of Building (square feet) | Minimum Length (feet) | Minimum Width (feet) | Minimum Clearance (feet) |
|---|---|---|---|
Less than 10,000 | 25 | 10 | 10 |
10,000 or more | 50 | 10 | 10 |
§ 165-78 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 so that all vehicles using them shall park or stand completely off the street.
B.
Joint use of loading spaces by two or more users in any commercial, industrial or airport district may be authorized by the Planning Board upon land development review under Article XVI.
C.
All off-street loading spaces shall be on the same or adjacent lot with the principal building or lot served.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D.
Required loading spaces shall in no case be part of the area used to satisfy the off-street parking requirements of this chapter.
§ 165-79 Utilities required.
Any use or development authorized under this chapter shall be provided with the necessary utility services required to support such activity. It shall be the responsibility of the party or parties applying for permits under this chapter to make provision for such services. Utility services under this article shall include, without being limited to, the following: water, sewage disposal, electricity, fire hydrants, provision for stormwater runoff, lighting and such other services necessary to comply with state and local codes and to fulfill the objectives of this chapter.
§ 165-80 Water and sewerage.
A.
Whenever possible, all uses and developments will be provided with water service from the Bangor Water District and connected to the Bangor sewer system.
B.
Lots without public sewer facilities. The minimum lot area for any construction requiring on-site waste disposal facilities and not served by a municipal sewer system shall be subject to the requirements of 12 M.R.S.A. § 4807 et seq., as amended.
[Amended 4-23-2019 by Ord. No. 19-142; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 165-80.1 Cellular telecommunications towers and equipment.
[Added 3-24-2008 by Ord. No. 08-104]
Newly constructed cellular telecommunication towers and related equipment shall be consistent with the following guidelines. Existing cellular telecommunication towers that exceed the applicable height and setback standards shall be grandfathered and additional cellular telecommunication equipment may be added but no additional height above what is allowed by these regulations may be added.
A.
Cellular telecommunication equipment.
(1)
The installation and placement of new antennas, cellular service support structures on existing towers or on other existing structures shall be treated as a permitted use consistent with the Land Development Code approval standards[1] for the nature and extent of the proposed additions or changes.
(2)
Cellular telecommunication equipment shall be allowed in all zoning districts except the Resource Protection District as a permitted use.
(3)
All new cellular telecommunication equipment shall demonstrate its consistency with all applicable FCC regulations.
B.
Cellular telecommunication towers. Construction of new cellular telecommunication towers shall be consistent with the provisions of this section and the district in which they are located.
C.
Submission standards. In addition to the information required for site plan review, applicants for cellular telecommunication towers shall:
(1)
Provide documentation as to the need for service in the location sought either by existing underserved users or a lack of coverage in the location requested.
(2)
Send written notice to all other such tower structure owners and licensed telecommunication providers in the City on existing towers within a one-mile radius of the proposed tower, stating their locational needs and/or co-location capabilities. Evidence that this notice requirement has been fulfilled shall be submitted to the Planning Board.
(3)
Include evidence that existing or previously approved towers and alternative tower structures within the City have been reviewed and cannot accommodate the communications equipment (antennas, cables, etc.) planned for the proposed tower.
(4)
Provide written approval by all applicable state and federal agencies, including but not limited to the FAA and FCC, including a description of any conditions or criteria contained in their approval.
D.
The cellular tower and equipment compound shall be enclosed by security fencing a minimum of eight feet in height to minimize unauthorized access.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)[2]]
E.
Cellular telecommunication towers shall be deemed abandoned if not used continuously for more than 24 consecutive months, and the tower owner shall remove the tower and related equipment at the tower owner's expense from the site within 12 months after the tower has been deemed abandoned.
F.
Prior to issuance of a building permit, the applicant shall provide the City of Bangor with a bond in the amount of $25,000, in a form acceptable to the City Solicitor's office, for the purpose of tower removal should the tower be determined to have been abandoned.
G.
Such structures will be set back from the property line 100% of the structure height from any property lines, Resource Protection District, Park and Open Space District, and Stream Protection District.
H.
No cellular telecommunication tower shall exceed 195 feet in height, or the minimum height required under federal law, whichever is greater.
I.
The Planning Board may require the redistribution of plantings within the buffer yard to maximize the effectiveness of the visual buffer on adjacent properties.
§ 165-80.2 Solar array overlay.
[Added 4-27-2020 by Ord. No. 20-098]
A.
Statement of purpose. The Solar Array Overlay Zone is intended to allow solar utility installations where site-specific criteria are met. The use is regulated to ensure impacts are mitigated. Solar utilities enhance our alternative energy sources and decrease carbon emissions. The consumption of land for this use is balanced with the need to provide land for development in keeping with the City's other economic and housing policies.
B.
Exemptions from Planning Board review. The following solar arrays do not require a land development permit, but shall be subject to zoning compliance and standards in this chapter:
(1)
Roof-mounted or building-integrated solar shingles, panels or canopies.
(2)
Freestanding solar panels occupying less than and including 2,000 square feet of surface area on a lot as an accessory structure primarily serving the power needs of the principal use.
(3)
Freestanding solar panels on a lot as a principal use whereby the panels occupy up to and including 5,000 square feet of surface area and primarily serving the power needs of abutting property owners.
D.
Zoning compliance.
(1)
Except as provided in Subsection C above, solar arrays are allowed in all districts, subject to the standards contained in this Code, except, however, that roof-mounted or building-integrated solar shingles, panels or canopies are allowed to extend above the applicable maximum district height in accordance with § 165-135A(6).
[Amended 6-10-2024 by Ord. No. 24-164]
(2)
In the Rural Residence and Agricultural District only, solar arrays may be placed on lots which lack frontage on a public or private street conditional on the provision of evidence of a recorded easement providing access to said lot. For the purpose of assigning yard setbacks, the front yard shall be where the access easement crosses the property line.
(3)
In the Rural Residence and Agricultural District only, solar arrays may be placed on lots that do not meet the lot size or width requirements conditional upon the array placement meeting the dimensional requirements set forth in this section.
(4)
Height: maximum 25 feet.
(5)
Yard requirements. All solar arrays shall comply with the yard requirements in their respective districts, except that solar array structures that abut properties in the following districts at the time of application shall be set back twice the amount of side and rear setbacks: Urban Residence 1 (URD-1), Urban Residence 2 (URD-2), Low-Density Residential District (LDR), Multifamily and Service District, High Density Residential (HDR), and Rural Residence and Agricultural District (RR&A).
(6)
Buffers. All side and rear setbacks shall be planted with Buffer Yard Type D in the following districts: Urban Residence 1 (URD-1), Urban Residence 2 (URD-2), Low-Density Residential District (LDR), Multifamily and Service District, High-Density Residential (HDR), and Rural Residence and Agricultural District (RR&A). Front setbacks shall be planted using Buffer Yard Type E in all districts.
E.
Standards for solar array review. The Planning Board must, in addition to its review of the use under Article XVI, Land Development Permit, also ensure that the following standards are met:
(1)
Glare. Solar array structures shall be constructed to minimize glare beyond the property line.
(2)
Decommissioning plan. A decommissioning plan must be approved by the City and signed by the party responsible for decommissioning and the landowner (if different). Such plan must be filed in the Registry of Deeds prior to the first operation of the array. Decommissioning shall occur within 12 months of the facility ceasing to operate.
(3)
Utility connections. Reasonable efforts, as determined by the Planning Board, shall be made to place all utility connections from the solar photovoltaic installation underground, depending on appropriate soil conditions, shape, and topography of the site and any requirements of the utility provider. Electrical transformers for utility interconnections may be above ground if required by the utility provider.
(4)
Confirmation of use. The owner or lessee shall provide written confirmation that the utility company to which the solar array is proposed to be connected has been informed of the intent to install a grid-connected system.
F.
Other standards. The Code Enforcement Officer shall ensure the following standards are met:
(1)
Confirmation of utility connection. Prior to the issuance of a certificate of occupancy, the owner/lessee shall provide a copy of the final inspection report and connection approval from the utility company.
(2)
Bond/surety. Prior to the issuance of a building permit, the owner/lessee shall provide the Code Enforcement Officer a performance bond in an amount approved by the City Engineer to cover the cost of removal should the solar array be abandoned, all in a form approved by the City Solicitor. A solar array where the panels occupy up to and including 10,000 square feet of surface area is exempt from this standard.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(3)
Emergency services. Prior to the issuance of a building permit, the owner or operator shall provide a copy of the project summary, electrical schematic, and site plan to the Fire Chief. Upon request from the City, the owner or operator shall coordinate with local emergency services in developing an emergency response plan. The owner or operator shall identify a responsible person for public inquiries throughout the life of the installation.
(4)
Abandonment.
(a)
Abandonment will occur as a result of any of the following conditions unless the lessee or owner of the facility or of the parcel notifies the Code Enforcement Officer of the intent to maintain and reinstate the operation of the facility within 30 days of the following events:
(b)
A notice of the intent to maintain and reinstate the operation of the facility shall be updated every six months with a statement of the progress made towards that goal, delivered to the Code Enforcement Officer.
(c)
If the facility has not returned to operational condition within two years from the date of the first notice of the intent to maintain and reinstate the operation of the facility, the Code Enforcement Officer shall find the facility has been abandoned unless there is documentable evidence of significant progress and in the Code Enforcement Officer's opinion the return to operation is likely to be completed in a timely manner.
(d)
Upon determination of abandonment based on the foregoing, the Code Enforcement Officer shall notify the party (or parties) responsible by certified or first class mail to last known address or by hand delivery that they must remove the facility and restore the site to its condition prior to development within one year of notice by the Code Enforcement Officer. A copy of the notice shall be forwarded by the Code Enforcement Officer to the City Council.
[1]
In the event the lessee of the facility fails to remove the array and its components within one year as outlined above, the landowner shall remove the facility within 90 days of notice by the Code Enforcement Officer.
[2]
In the event the landowner fails to remove the facility within 90 days as stated above, the City of Bangor shall have the facility removed at the expense of the landowner.
[3]
Any unpaid costs associated with the removal after one year of removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate of the array site.
(5)
Interference. All solar array structures shall be operated and located such that no disruptive electromagnetic interference with signal transmission or reception is caused beyond the site. If it has been demonstrated to the Code Enforcement Officer that the system is causing disruptive interference beyond the site, the system operator shall promptly eliminate the disruptive interference or cease operation of the system.
§ 165-80.3 Minor essential service facilities.
[Added 10-12-2022 by Ord. No. 22-329]
A.
Statement of purpose: to provide standards for the installation of small-scale support equipment that is associated with the production, transmission, or distribution of electricity, water, internet, or other utilities. These structures are differentiated from primary utilities in that they are typically necessary for supporting utility networks, such as fiber-optic cable networks or electrical grids. The purpose of these regulations is to ensure that there are no safety, security, or aesthetic issues associated with such installations.
B.
Development standards. The construction of minor essential service facilities shall be consistent with the following development standards:
(1)
The facility shall serve in whole or an area of the City of Bangor and/or immediately adjacent communities.
(2)
The facility must meet National Fire Protection Association and National Electrical Code standards.
(3)
Notwithstanding the requirements of this chapter and with the exception of propane tanks and generators in Subsection B(4) and (5), below, this equipment shall be exempted from the lot area, coverage, width, setback, and frontage requirements of the zone in which they are located, provided that such equipment shall be screened from view with Buffer Yard Type A, unless such screening would negatively impact public health, safety, or welfare. Fencing shall be an acceptable substitute for vegetative screening.
(4)
Any infrastructure using propane or natural gas, such as propane tanks or gas line connections, must be set back at least 10 feet from any property line.
(5)
The equipment must be configured so that any propane tanks and/or generators are placed in the portion of the lot furthest away from any public or private way.
(6)
Bollards must be placed blocking vehicular access to any equipment that is equal to or less than 10 feet from a public or private way.
(7)
Any equipment located at an intersection of two or more public or private ways must meet visual clearance requirements in § 165-62.
(8)
In the event that the equipment shall be erected on property not owned by equipment owner/operator, the equipment owner/operator must demonstrate the existence of an easement or a lease agreement to use the property.
(9)
If the parcel containing the equipment is landlocked, there shall be a recorded easement or permission granting in perpetuity access to the owner/operator of the equipment.
C.
Zoning compliance and Planning Board review.
(1)
Minor essential service facilities that do not exceed 300 square feet in gross ground area and 16 feet in height shall be allowed by right in all zones, except for the Resource Protection District and Stream Protection District, but must receive land development permit approval from the Planning Board when located in zones URD-1, URD-2, LDR, HDR, and M & SD. In all other zones, such facilities shall be subject to the requirements of § 165-116A through C and E through F and be subject to approval by the Bangor Fire Department.
(2)
Minor essential service facilities exceeding 300 square feet in gross ground area and/or 16 feet in height may only be located in the Government and Institutional Service District. Such structures must receive land development permit approval from the Planning Board.
§ 165-81 Lighting.
[Amended 11-27-2006 by Ord. No. 07-13]
A.
Statement of purpose: The purpose of this section is to ensure appropriate outdoor lighting by addressing the issues of safety, efficiency, the environment and aesthetics.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
All development requiring land development approval under Article XVI shall be provided with adequate outside lighting to ensure a safe environment. All lighting intended to illuminate any outdoor area, or the outside of any building, shall be directed into the property served by such lighting so that no undesirable illumination or glare will be produced on adjacent streets or lots occupied by residential, institutional or public uses.
C.
Performance standards.
(1)
Regulations. Unless determined to be a safety hazard or in violation of any state or federal law, all outdoor lighting installed in the City of Bangor shall comply with this section, except for the following: lighting installed and maintained for public safety by municipal, state or federal government; approved signs; external illumination of flags; approved lighting for athletic fields; temporary outdoor lighting; holiday lighting; luminaires with a lamp or lamps rated at a total of 2,000 lumens or less.
(2)
For the purposes of this section, a "lumen" is a unit of luminous flux. One footcandle is equal to one lumen per square foot. The lumen-output values shall be the initial lumen output ratings of a lamp.
(a)
No luminaire shall produce a stray, dazzling light or reflection onto neighboring residential properties, or onto any public road so as to impair the vision of any driver.
(b)
Luminaires shall be shielded or hooded so that the lighting elements are not exposed to normal view by motorists, pedestrians, or from adjacent buildings. No luminaire shall emit any direct light above its horizontal plane. The Planning Board may grant exceptions for lights that are aesthetically consistent with decorative streetlights and located on parcels adjacent to such streetlights.
(c)
No flood or spot luminaire of any lumen-output rating shall be aimed, directed or focused toward any adjacent or nearby residential parcel.
(d)
Rather than leaving security lights on, the use of motion sensors is encouraged.
(e)
Direct or indirect illumination shall not exceed 1/2 footcandle upon abutting residential properties.
(f)
Luminaire height, including the base, shall not exceed 25 feet. Exceptions may be granted only when it can be demonstrated that the intent of this section will still be substantially met.
(3)
Existing nonconforming luminaires.
(a)
The continued use of nonconforming luminaires legally existing as of the effective date of this section shall be permitted unless determined to be a safety hazard.
(b)
Nonconforming luminaires replaced or moved after the effective date of this section shall comply with the provisions of this section.
§ 165-82 Fire hydrants.
All developments requiring land development approval under Article XVI and provided with water service from the Bangor Water District shall be provided with fire hydrants in accordance with a plan approved by the Bangor Fire Chief.
§ 165-83 Electricity.
All development requiring land development approval under Article XVI shall include provision for adequate electrical service.
§ 165-84 Storm drainage and stormwater offset.
A.
Applicants for any land development permit under Article XVI shall ensure that provisions for surface water and storm drainage are included as part of such a proposed project. Such provisions will ensure that the rate of outflow of stormwater from any development does not create downstream overloads or flooding conditions. Further, any major subdivision will be designed so that there is no increase in the rate of outflow of stormwater during a storm of an intensity equal to a twenty-five-year, twenty-four-hour storm from the site after its complete development.
(2)
In addition, when in the judgment of the City Engineer it is feasible, any expansion of an existing building which requires any additional drainage facilities for Subsection A(1)(a) through (d) above will not be permitted to connect to the sanitary sewer system. Existing connections in such cases will be removed from the sanitary sewer system and connected to separate storm drainage facilities when it is deemed feasible and in the City's best interest by the City Engineer.
B.
Stormwater offset requirement. Projects requiring a land development permit under this chapter will provide for removal of five gallons of existing wet-weather flow from the City's sewer system for every new gallon of sanitary flow added by the project. (Credit for stormwater removal may be obtained from the City Engineer, for City stormwater removal actions, if such credit is deemed available and in the City's best interest.)
§ 165-85 Sanitary sewage discharge information.
Any applicant for a land development permit under this chapter shall (in addition to any stormwater flow information required to demonstrate compliance with § 165-84A above) submit detailed information on anticipated type and volume of sanitary flows to be generated by the project on forms available in the Code Enforcement Division.
§ 165-86 Compliance with sewer regulations.
All activity provided for in this article will be done in conformance with the requirements of Chapter 252, Sewers and Drains, of the Code of the City of Bangor.
§ 165-86.1 Enumeration.
Notwithstanding any other provision of this chapter, including Article III, Nonconformities, and Articles XIII, XIV and XV, the following uses are declared to be prohibited uses of property throughout the City of Bangor:
A.
Prostitution, including paid sexual contact, as defined in 17-A M.R.S.A. § 851, Subsection 1.
B.
Promoting prostitution, as defined in 17-A M.R.S.A. § 851, Subsection 2.
C.
Manufacture, sale, distribution or trafficking in marijuana, narcotic drugs or scheduled drugs, except marijuana manufactured, sold, distributed, or trafficked pursuant to 28-B M.R.S.A. § 101 et seq., or 22 M.R.S.A. § 2421 et seq., and which is also in compliance with the marijuana regulations of the Bangor City ordinances. Marijuana manufacture, sale, distribution, or trafficking that is not in compliance with said laws and regulations is in violation of 17-A M.R.S.A. § 1101 et seq.
[Amended 12-11-2017 by Ord. No. 17-378; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D.
Retail marijuana social clubs.
[Added 12-11-2017 by Ord. No. 17-380]
§ 165-86.2 Violations and penalties.
A.
After the effective date of this article, any person who, as the owner, lessee, licensee, permittee or manager of a building or lot in the City of Bangor, knowingly or intentionally uses, permits or allows use of such building or lot for a purpose prohibited in § 165-86.1 of this article commits a land use violation and shall be subject to the penalties provided in this chapter and in 30-A M.R.S.A. § 4452. Each day any such violation shall occur or continue shall constitute a separate offense.
B.
The terms "knowingly" and "intentionally," as used in this section, shall be defined as provided in 17-A M.R.S.A. § 35.
§ 165-86.3 Proof of violations.
Violations of this article may be proved in a civil action brought pursuant to 30-A M.R.S.A. § 4452 and need not be based upon a prior criminal conviction for the same conduct.