Bangor City Zoning Code
PART 3
District Provisions
§ 165-87 General provisions.
The districts under this article are established to protect and enhance the use and development of those areas of the City which are within the presently built-up urban service area. Use provisions in these areas reflect, to a large degree, the historical use, and development standards necessarily reflect traditional development patterns and the minimum standards of previous ordinances. Nevertheless, these district requirements allow for current market conditions and even promote dynamic and innovative reuse and redevelopment where appropriate, as well as fulfilling the long-recognized value of the prevention of overcrowding, the balancing of activity with necessary services and the reduction of destructive conflicts between competing uses in order to make such areas viable, safe, efficient and healthy for human occupancy and activity and to protect property values for the individual and the community.
§ 165-88 Urban Residence 1 District (URD-1).
A.
Statement of purpose. The Urban Residence 1 District is established to enhance and protect the essential established characteristics of certain traditional, low-density residential areas of mostly single-family detached dwellings or, where such development is desired, to promote and encourage a suitable environment for family life.
B.
Basic requirements. Buildings or land used or occupied and buildings or structures erected, constructed, reconstructed, moved or structurally altered, whether permitted uses or conditional uses, shall comply with the requirements of this section, Articles II through XII and the specific development standards of Article XIX of this chapter.
C.
Permitted uses. The following uses are permitted in this district:
[Amended 12-27-2000 by Ord. No. 01-61]
(1)
One-family detached dwellings, with additional dwelling units permitted given the following:
[Amended 9-11-2023 by Ord. No. 23-258]
(a)
The lot is inside the Growth Boundary defined in the City's most recently adopted Comprehensive Plan.
(b)
If no dwelling exists on a lot, up to four units are allowed, either detached or attached.
(c)
If one dwelling unit exists on the lot, up to two additional units are allowed, one being attached to or within the existing dwelling and one being detached.
(d)
If two dwelling units exist on a lot, no additional units are allowed.
(e)
If dwelling units are demolished after the date this section is adopted and the demolition results in an empty lot, there can be no increase in the number of units above what existed on the lot prior to demolition.
(3)
Community living arrangements, in accordance with 30-A M.R.S.A. § 4357-A, as may be amended.
D.
Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district:
§ 165-89 Urban Residence 2 District (URD-2).
A.
Statement of purpose. The Urban Residence 2 District is established to stabilize and protect the essential characteristics of certain traditional residential areas which are substantially developed with one-family to four-family detached dwellings and to promote and encourage a suitable environment for family life. Development in this district is intended to be limited primarily to the existing low- to medium-density residential use.
B.
Basic requirements. Buildings or land used or occupied and buildings or structures erected, constructed, reconstructed, moved or structurally altered, whether permitted uses or conditional uses, shall comply with the requirements of this section, Articles II through XII and the specific development standards of Article XIX of this chapter.
C.
§ 165-90 Multifamily and Service District (M & SD).
A.
Statement of purpose. The Multifamily and Service District is established to stabilize and protect the essential characteristics of certain high-density residential areas located near the central part of the City and to promote and encourage, insofar as compatible with the intensity of land uses, a suitable environment for family life. Development in this district includes all types of residential use as well as certain service uses limited to locations along major arterial streets.
B.
Basic requirements. Buildings or land used or occupied and buildings or structures erected, constructed, reconstructed, moved or structurally altered, whether permitted uses or conditional uses, shall comply with the requirements of this section, Articles II through XII and the specific development standards of Article XIX of this chapter.
C.
D.
Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district:
(3)
(4)
For historic landmarks and all principal use buildings within historic districts as designated under the provisions of Chapter 148, Historic Preservation, § 148-5 of the Code of the City of Bangor which meet the requirements of § 165-9.
[Amended 6-27-2011 by Ord. No. 11-191]
(a)
Any business office or professional office.
(5)
Office reuse. Existing buildings in the Multifamily and Service District may be used for business and professional office uses, subject to the following:
(a)
No additional floor area is added to the gross floor area of the building which existed at the time of passage of this chapter.
(b)
The total gross floor area in the building devoted to such office use shall not exceed 6,500 square feet.
(c)
Off-street parking shall be provided under the terms of this chapter without a variance for any number of required spaces.
(d)
The exterior facade of the building will not be altered to depart from its traditional architectural style, and existing facade adaptations not in keeping with the rest of the building shall be restored to a more compatible treatment.
(e)
All substandard conditions on the site shall be corrected, if physically possible, including:
[1]
Elimination of unnecessary nonconforming signs and removal of other accessory structures.
[2]
Elimination of excess curb cuts and narrowing of excessively wide curb cuts.
[3]
Provision of planting and landscaping as provided elsewhere in this chapter.
[4]
Provision of planting and landscaping in the esplanade area within the public right-of-way along the full frontage of the property or any property to be used in conjunction with the proposed use.
[5]
Elimination of lighting not conforming to the requirements of this chapter.
[6]
The paving of unpaved parking and driveway areas.
[7]
[8]
Repair of sidewalk in front of the property.
(6)
Permanent supportive housing.
[Added 10-11-2023 by Ord. No. 23-295]
§ 165-91 Neighborhood Service District (NSD).
[Amended 1-9-1995 by Ord. No. 95-41; 12-27-2000 by Ord. No. 01-61; 5-12-2003 by Ord. No. 03-142]
A.
Statement of purpose. The Neighborhood Service District is established to accommodate neighborhood commercial needs, including small retail stores and low-impact office space. Because these districts are located primarily in developed residential areas, land uses are limited to commercial and mixed uses that will have minimal impact on a neighborhood.
B.
Basic requirements. Buildings or land used or occupied and buildings or structures erected, constructed, reconstructed, moved or structurally altered, whether permitted uses or conditional uses, shall comply with the requirements of this section, Articles II through XII and the specific development standards of Article XIX of this chapter. In a Neighborhood Service District, no permitted nonresidential use may be established or conducted with an excess of 2,000 square feet of gross floor area and no goods or materials may be displayed or stored outdoors. No business, whether a permitted use or a conditional use, shall be open to the public between the hours of 11:00 p.m. and 6:00 a.m. No drive-in business shall be permitted.
C.
Permitted uses. The following uses are permitted in this district:
(1)
Business or professional office.
(2)
Retail or service business (excluding retail auto service).
(3)
Bed-and-breakfast.
(4)
Schools (limited to indoor instructional classrooms).
(5)
Day-care center (small or large).
[Amended 3-13-2017 by Ord. No. 17-096]
(6)
Takeout restaurants (not to exceed 12 seats; no consumption of alcohol on the premises).
(7)
Places of worship.
(8)
Home occupation.
(9)
Mixed commercial-residential use.
(14)
Co-living dormitory, provided that:
(a)
The facility is located within 1/2 mile of a public transit route at the time of approval by the Planning Board.
(b)
An innkeepers' license is obtained prior to operation.
[4]
Editor's Note: This ordinance also redesignated former Subsection C(14) as Subsection C(15).
(15)
Accessory uses on the same lot that are customarily incidental to and subordinate to the above uses.
§ 165-92 Urban Service District (USD).
A.
Statement of purpose. The Urban Service District is established to accommodate the shopping needs of a much larger consumer population and area of residency than that served by the Neighborhood Service District (NSD). Within this district, which is located in relative proximity to existing residential areas and major thoroughfares, a wider range of uses is permitted, including retailing and the furnishing of certain personal, office and other services in primarily existing commercially developed areas.
B.
Basic requirements. Buildings or land used or occupied and buildings or structures erected, constructed, reconstructed, moved or structurally altered, whether permitted uses or conditional uses, shall comply with the requirements of this section, Articles II through XII and the specific development standards of Article XIX of this chapter.
C.
Permitted uses. The following uses are permitted in this district:
[Amended 12-27-2000 by Ord. No. 01-61]
(1)
Any business office or professional office.
(2)
Motel, hotel or inn.
(3)
Schools conducted for profit, such as trade, business, dance and music schools.
(5)
Day-care center (small or large).
[Amended 3-13-2017 by Ord. No. 17-096]
(6)
Community service organizations.
(7)
Club or lodge, private.
(8)
Enclosed recreation centers conducted for profit.
(9)
Restaurants.
[Added 5-28-2014 by Ord. No. 14-136]
(10)
Places of worship.
(11)
Any other retail or service business (except those provided for in Subsection D below) conducted within a building with no goods or materials displayed or stored outside, except goods or materials displayed for retail sale with an outdoor display area limited to 1% of the gross floor area of the building.
(12)
Clinic, medical or dental.
[Added 11-13-2002 by Ord. No. 02-372]
(14)
Bar, tavern or lounge, provided that:
[Added 5-30-2012 by Ord. No. 12-145]
(a)
Such use must have established hours of operation which specifically define the time during which said use may be allowed to operate. Such hours will be a condition of approval under this section. In no event shall such hours of operation begin before 7:00 a.m. or end after 1:30 a.m.
(b)
Such use must establish a maximum occupancy which will specifically limit the number of persons allowed within the building at any one time, and such occupancy limit will be a condition to any approval under this section.
(c)
A noise limit will be established such that the maximum of 65 dBA will not be exceeded in any abutting structure, on abutting property or within the public right-of-way or any public area.
(d)
The applicant must demonstrate that sufficient parking of one parking space for each four persons of established maximum occupancy is available during the hours of operation to serve the establishment's patrons. Such parking spaces must:
[1]
Be located within 500 feet of the building housing the use; and
[2]
Be under the control of the operator or owner of the establishment (as evidenced in a binding written agreement between the operator and the owner or their agent of the parking premises) and/or must be public parking which is available during the hours of operation as determined by the City of Bangor City Engineer.
(15)
Marijuana store, provided that:
[Added 3-12-2018 by Ord. No. 18-107; amended 4-23-2018 by Ord. No. 18-151; 9-10-2018 by Ord. No. 18-337]
(a)
The building in which the facility is located must be at least 1,000 feet from, or on the other side of a controlled-access highway from, the real property comprising any public or private elementary or secondary school or school dormitory, juvenile shelter, orphanage, public playground, or public park as defined in § 231-2 of this Code.
[Amended 1-28-2019 by Ord. No. 19-074]
(b)
The building in which the facility is located must be at least 300 feet from, or on the other side of a controlled-access highway from, any church, chapel, parish house, other place of worship, day care, or dwelling on a residential parcel, measured by a straight line from building to building.
[Amended 9-24-2018 by Ord. No. 18-355; 1-28-2019 by Ord. No. 19-074]
(c)
(Reserved)
(d)
No marijuana cultivation facility, marijuana manufacturing facility, or marijuana testing facility may be accessory to a marijuana store.
(e)
No drive-in windows are allowed. No curbside or other pickup of marijuana by persons outside the store is allowed.
(f)
Signage designed to appeal to persons under 21 years of age is prohibited.
D.
Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district:
(1)
Gasoline service stations, provided that:
(3)
Drive-in business, except a drive-in movie theater, provided that:
(a)
Adequate queuing space shall be provided for vehicles without restricting vehicular movements on the site at access points to any service road or street, including at least five spaces for each service window or station at a drive-in bank or drive-in restaurant.
(b)
Additional parking area is provided for vehicles where any product is to be consumed on the premises or where service to vehicles away from drive-up windows or stations is contemplated or possible.
(5)
A mixed residential and commercial use, provided that:
(b)
In addition to the basic development standards required for the commercial use in this district in Article XIX, additional lot area will be provided commensurate to the requirements for residential units in the URD-2 District.
(c)
Additional off-street parking will be provided for the residential units in accordance with the off-street parking requirements in Article X.
(d)
The impervious surface limit for residential uses in the URD-2 District will be met.
[Amended 9-10-2018 by Ord. No. 18-315]
(6)
Any retail or service business conducted within a building which, by virtue of the nature of the business or service, shall require an outdoor display area in excess of 1% of the gross floor area of the building, provided that:
§ 165-93 Downtown Development District (DDD).
A.
Statement of purpose. The Downtown Development District is established to accommodate those retail, service and office uses which are of City-wide or regional significance and are characteristic of a central business district. Within this limited area of concentrated activity and intensive development are found many prime retail activities of City-wide significance, administrative offices of private organizations, administrative offices and political seats of federal, state, county and City government and offices of professional and nonprofessional persons offering a variety of specialized services. New construction and any alteration of existing buildings or land use should be consistent with the objective to develop and maintain the central business area.
B.
Basic requirements. Buildings or land used or occupied and buildings or structures erected, constructed, reconstructed, moved or structurally altered, whether permitted uses or conditional uses, shall comply with the requirements of this section, Articles II through XII and the specific development standards of Article XIX of this chapter.
C.
Permitted uses. The following uses are permitted in this district:
[Amended 12-27-2000 by Ord. No. 01-61]
(1)
Any business office or professional office.
(2)
Motel, hotel or inn.
(3)
Schools conducted for profit, such as trade, business, dance, gymnastic and music schools.
(5)
Day-care center (small or large).
[Amended 3-13-2017 by Ord. No. 17-096]
(6)
Educational uses or cultural uses, such as museums, libraries, theaters, sports arenas and convention centers.
(7)
Community service organizations.
(8)
Private membership, social and fraternal clubs.
(9)
Governmental office buildings.
(10)
Enclosed recreation centers.
(11)
Any other retail or service business (except as provided for under Subsection D below) conducted wholly within a building with no goods or materials displayed or stored outdoors, except goods or materials of a seasonal nature displayed for retail sales, with outdoor display area limited to 1% of the gross floor area of the building.
(12)
Parking garage or parking lot.
(13)
Bus terminal.
(14)
Residential units and boardinghouses, provided that:
[Amended 3-12-2018 by Ord. No. 18-123; 6-27-2022 by Ord. No. 22-214]
(a)
All residential units and rooms in boardinghouses located adjacent to the following public ways and parks must be wholly located above the ground floor:
[1]
Broad Street between West Market Square and Washington Street.
[2]
Columbia Street between Hammond Street and Middle Street.
[3]
Central Street between Harlow Street and Hammond Street.
[4]
Exchange Street between State Street and Washington Street.
[5]
Hammond Street between Court Street and the Kenduskeag Stream.
[6]
Harlow Street between State Street and Franklin Street.
[7]
Main Street between Union Street and Hammond Street.
[8]
Merchant's Plaza between West Market Square and Water Street.
[9]
Pickering Square.
[10]
State Street between Broadway and the Kenduskeag Stream.
[11]
West Market Square.
(b)
Notwithstanding Subsection C(14)(a) above, a residential unit may be located on the ground floor adjacent to a public way or park listed in that subsection if, upon appeal to the Board of Appeals, the property owner can demonstrate that the property is otherwise incapable of earning an economic return on its value as appraised by a qualified real estate appraiser.
(15)
Place of worship.
(16)
Broadcast studios.
D.
Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district:
(1)
Gasoline service stations as part of a parking garage, provided that:
(a)
Sight distances from access points on the site are adequate to prevent traffic hazards from vehicles exiting or entering travel lanes on adjacent streets.
(b)
Adequate queuing space is provided for gas-dispensing areas which does not interrupt automobile access to and egress from the site and which provides for at least three vehicles for each gas-dispensing nozzle.
(3)
Drive-in banks or bank drive-up windows or automatic teller machines, provided that adequate queuing space shall be provided for vehicles, including at least five spaces for each service window or station, without restricting vehicular movements on the site or at access points to any service road or public street.
(4)
Major essential service facilities, provided that:
[Amended 10-12-2022 by Ord. No. 22-329]
(5)
Bar, tavern or lounge, provided that:
[Amended 7-22-1996 by Ord. No. 96-51; 2-9-2009 by Ord. No. 09-041; 5-27-2009 by Ord. No. 09-144]
(a)
Such use must have established hours of operation which specifically define the time during which said use may be allowed to operate. Such hours will be a condition of approval under this section. In no event shall such hours of operation begin before 7:00 a.m. or end after 1:30 a.m., except that the hours of operation may end at 2:30 a.m. on January 1 of each year.
(b)
Such use must establish a maximum occupancy which will specifically limit the number of persons allowed within the building at any one time, and such occupancy limit will be a condition to any approval under this section.
(c)
A noise limit will be established such that the maximum of 65 dBA will not be exceeded in any abutting structure, on abutting property or within the public right-of-way or any public area.
§ 165-94 Waterfront Development District (WDD).
[Amended 12-27-1993 by Ord. No. 92-42; 7-13-1998 by Ord. No. 98-266; 12-27-2000 by Ord. No. 01-61; 9-9-2002 by Ord. No. 02-319]
A.
Statement of purpose. The Waterfront Development District is established to provide for the dynamic reuse of river and stream frontage areas of the City in keeping with current market conditions and community objectives. The range of use in these areas must include some traditional water transportation activities, provision for the interaction of water- and land-based activity and commercial uses consistent with a recreational and/or visitor use of the area, as well as opportunity to use existing building space for office, residential and other complementary activities.
B.
Basic requirements. Buildings or land used or occupied and buildings or structures erected, constructed, reconstructed, moved or structurally altered, whether permitted uses or conditional uses, shall comply with the requirements of this section, the regulations of Chapter 71, the Bangor Center Revitalization Area Ordinance, where applicable, Articles II through XII and the specific development standards of Article XIX of this chapter.
[Amended 11-14-2007 by Ord. No. 07-323]
C.
Permitted uses. The following uses are permitted in this district:
[Amended 12-12-2005 by Ord. No. 06-21; 6-26-2006 by Ord. No. 06-226]
(1)
Any business office or professional office, except on the first floor of any building 250 feet from the mean high-water line of the Penobscot River.
[Amended 11-14-2007 by Ord. No. 07-323]
(2)
Hotel, inn, conference or convention center.
(3)
Entertainment or recreation facilities, to include museums, theaters, exposition halls or art galleries.
(4)
Restaurants.
[Amended 5-28-2014 by Ord. No. 14-136]
(5)
Any other retail or service business (except those referred to under Subsection D below) conducted within a building with no goods or materials displayed or stored outdoors, except goods or materials of a seasonal nature displayed for retail sale, with outdoor display area limited to 1% of the gross floor area devoted to said business within the building, but specifically excluding sales, leasing or service of automobiles and other equipment or machinery.
(6)
Residential use, except on the first floor of any building 250 feet from the mean high-water line of the Penobscot River.
[Amended 11-14-2007 by Ord. No. 07-323]
(7)
Places of worship.
(8)
Passenger intermodal facilities and public service uses.
(9)
Clinic, medical or dental, except on the first floor of any building 250 feet from the mean high-water line of the Penobscot River.
[Amended 11-14-2007 by Ord. No. 07-323]
D.
Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district:
[Amended 12-12-2005 by Ord. No. 06-21; 6-26-2006 by Ord. No. 06-226]
(1)
Marine-related commercial uses, to include boat sales and service, docking and service, boat rental, tour boat and fishing services and other aquatic activities requiring access to the river, provided that:
(3)
Commercial establishments that provide for craftsmen, artisans and others to craft, prepare, package and sell their products, provided that:
(4)
Accessory drive-in service limited to financial institutions and accessory retail sales but excluding retail auto service and drive-in businesses serving food or beverages, provided that:
[Added 11-14-2007 by Ord. No. 07-323]
(a)
The use is located on a major arterial street.
(b)
The property maintains a minimum "C" buffer between drive-in queue lanes, order stations and service windows and the public street and adjacent properties.
(c)
Access drives shall not be located on major arterial streets where the property has access to other streets.
§ 165-94.1 Bass Park District.
[Added 11-22-2004 by Ord. No. 05-08]
A.
Statement of purpose. The Bass Park District is established to provide for the dynamic use of this property in keeping with community objectives and new development opportunities for the area in the vicinity of Bass Park. The range of uses in this district must include some traditional recreational activities, and innovative civic and commercial uses consistent with the overall development plan for the Bass Park complex that includes the creation of opportunities for the beneficial collocation of compatible facilities.
C.
Permitted uses. The following uses are permitted in this district:
(1)
Public parks, playgrounds, preserves and open and natural areas.
(2)
Conference center and auditorium.
(3)
Hotel or inn.
(4)
Restaurants accessory to the other district facilities.
[Amended 5-28-2014 by Ord. No. 14-136]
(5)
Retail or service businesses accessory to the other district facilities.
(6)
Museum, exposition halls or art galleries.
(7)
Indoor and outdoor recreation facilities.
(8)
Race track.
(9)
Gaming facilities.
(10)
Parking garage or lot.
(11)
Activities that may customarily be carried out within Bass Park, including but not limited to the Bangor State Fair, exhibitions, conventions, entertainment, athletic events, recreation programs, and sales and service that may be customary and incidental to such uses.
(13)
Major essential service facilities.
[Amended 10-12-2022 by Ord. No. 22-329]
(14)
Accessory uses on the same lot and customarily incidental to and subordinate to the above uses.
D.
Conditional uses: none.
§ 165-95 Airport Development District (ADD).
[Amended 3-24-2008 by Ord. No. 08-104; 4-14-2014 by Ord. No. 14-120; 5-28-2014 by Ord. No. 14-136; 3-13-2017 by Ord. No. 17-096; 10-12-2022 by Ord. No. 22-329; 5-28-2025 by Ord. No. 25-154]
A.
Statement of purpose. The Airport Development District is established to accommodate those uses which, because of locational requirements or operational characteristics, are appropriate to locate at or in close proximity to an airport. This zone is for aviation uses as well as certain manufacturing, retail and service uses which generally would be considered compatible with an airport complex. The Airport District is not designed to include those uses which would be seriously affected by adverse noise and hazard factors inherent in an airport operation.
B.
Basic requirements. Buildings or land used or occupied and buildings or structures erected, constructed, reconstructed, moved or structurally altered, whether permitted uses or conditional uses, shall comply with the requirements of this section, Articles II through XII and the specific development standards of Article XIX of this chapter.
C.
Permitted uses. The following uses are permitted in this district:
(1)
Airports, heliports, aircraft landing fields and related operational and terminal facilities.
(2)
Aviation uses, including the sale, service or storage of aircraft and aircraft parts.
(3)
Manufacturing and industrial uses which are in conformance with the purpose of this district and which will not be noxious or injurious by reason of the production or emission of dust, smoke, odor, gas, fumes, refuse matter, noise, vibration or similar substances or conditions when such uses are established as reuse of buildings existing at the time of passage of this chapter and expansion of such buildings.
(4)
Office use.
(5)
Hotels and motels when associated with the terminal complex.
(7)
Major essential service facilities.
(8)
Automotive rental agency.
(9)
Transportation uses, including intermodal transfer facilities for freight transfer and temporary storage.
(10)
Restaurants.
(11)
Public or nonprofit schools.
(13)
Day-care center (small or large).
(14)
Public safety uses, such as fire protection and law enforcement.
(15)
Accessory uses on the same lot and customarily incidental to and subordinate to the above uses.
§ 165-96 Urban Industry District (UID).
A.
Statement of purpose. The Urban Industry District is established to accommodate the older, more traditional industrial areas where a mixture of commercial and industrial uses exists without the benefit of modern site development standards but which prevails because of proximity to rail sidings or because it provides less expensive facilities for warehousing or other industrial activity.
B.
Basic requirements. Buildings or land used or occupied and buildings or structures erected, constructed, reconstructed, moved or structurally altered, whether permitted uses or conditional uses, shall comply with the requirements of this section, Articles II through XII and the specific development standards of Article XIX of this chapter.
C.
Permitted uses. The following uses are permitted in this district:
[Amended 7-25-2005 by Ord. No. 05-204; 3-24-2008 by Ord. No. 08-104]
(1)
Commercial, wholesaling, warehousing or industrial uses.
(2)
Transportation terminals.
(4)
Major essential service facilities.
[Amended 10-12-2022 by Ord. No. 22-329]
(5)
Clinic, medical or dental.
(6)
Chemical dependency treatment facility, provided the property line is at least 300 feet from any residential district.
(7)
Radio and television broadcast towers, provided that:
(10)
Marijuana cultivation facility, marijuana manufacturing facility, or marijuana testing facility, provided that:
[Added 12-11-2017 by Ord. No. 17-378[4]; amended 4-23-2018 by Ord. No. 18-151; 9-10-2018 by Ord. No. 18-337]
(a)
The building in which the facility is located must be at least 1,000 feet from, or on the other side of a controlled-access highway from, the real property comprising any public or private elementary or secondary school or school dormitory, juvenile shelter, orphanage, public playground, or public park as defined in § 231-2 of this Code.
[Amended 1-28-2019 by Ord. No. 19-074]
(b)
The building in which the facility is located must be at least 300 feet from, or on the other side of a controlled-access highway from, any church, chapel, parish house, other place of worship, day care, or dwelling on a residential parcel, measured by a straight line from building to building.
[Amended 9-24-2018 by Ord. No. 18-355; 1-28-2019 by Ord. No. 19-074]
(c)
The building in which the facility is located must be connected to public sewer and water, and must comply with all public sewer and water regulations.
(d)
The building in which the facility is located must be a separate building from any use that is not a marijuana cultivation facility, marijuana manufacturing facility, or marijuana testing facility, unless said use is accessory to the marijuana cultivation facility, marijuana manufacturing facility, or marijuana testing facility.
(e)
Notwithstanding the preceding subsection, no marijuana store may be accessory to a marijuana cultivation facility, marijuana manufacturing facility, or marijuana testing facility, nor may a marijuana cultivation facility, marijuana manufacturing facility, or marijuana testing facility otherwise sell marijuana directly to consumers.
[4]
Editor's Note: This ordinance also redesignated former Subsection C(9) as Subsection C(10).
(12)
Accessory uses on the same lot and customarily incidental to and subordinate to the above uses.
D.
Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district:
(1)
Solid waste transfer, sorting or recycling, incineration sites and facilities, provided that:
(a)
Provisions are made for control of any windblown debris on the site and visual screening of any outdoor storage is installed.
(b)
All materials to be handled at such a site are identified at the time of permit application and certification is provided that none of these materials are or contain hazardous substances.
(3)
Junkyards and automobile graveyards, provided that:
(a)
They meet the minimum criteria of 30-A M.R.S.A. § 3751 et seq., as it may be amended from time to time.
[Amended 1-10-1994 by Ord. No. 94-55]
(b)
Soil testing is provided which shows that there is no potential to impact surface water and groundwater quality.
(c)
They are not located within 200 feet of a residential district.
(d)
They are set back at least 200 feet from a public right-of-way.
(e)
A fence must be provided and properly maintained at a minimum height of six feet around the perimeter of the outside storage area.
§ 165-97 Government and Institutional Service District (G & ISD).
A.
Statement of purpose. The Government and Institutional Service District is established to preserve and protect those areas of the City occupied by public and nonprofit institutional buildings or uses.
B.
Basic requirements. Buildings or land used or occupied and buildings or structures erected, constructed, reconstructed, moved or structurally altered, whether permitted uses or conditional uses, shall comply with the requirements of this section, Articles II through XII and the specific development standards of Article XIX of this chapter.
C.
Permitted uses. The following uses are permitted in this district:
[Amended 11-13-2002 by Ord. No. 02-368; 9-8-2003 by Ord. No. 03-265; 7-25-2005 by Ord. No. 05-204; 3-24-2008 by Ord. No. 08-104]
(1)
Facilities operated by public agencies or private nonprofit organizations limited to health, education, social welfare and cultural uses, but excluding chemical dependency treatment facilities.
(2)
Places of worship.
(4)
Day-care center (small or large).
[Amended 3-13-2017 by Ord. No. 17-096]
(5)
Cemeteries.
(6)
Hospital complex when located on a major arterial street.
(7)
Nursing home.
(8)
Sports arenas and stadiums.
(9)
Chemical dependency treatment facility, provided it is located on a major arterial street and has a curb cut on said arterial street which provides the primary point of vehicular access for the facility.
[Amended 12-10-2018 by Ord. No. 19-019]
(10)
Radio and television broadcast towers, provided that:
D.
Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district:
(2)
Major essential service facilities, provided that:
[Added 9-27-1999 by Ord. No. 99-308; amended 10-12-2022 by Ord. No. 22-329]
(3)
Transitional housing, permanent supportive housing.
[Added 3-15-2013 by Ord. No. 13-106; amended 10-24-2022 by Ord. No. 22-348]
(4)
Secure Level IV residential care facility, provided that:
[Added 12-11-2017 by Ord. No. 18-031]
(5)
Emergency shelters, provided that:
[Added 10-23-2023 by Ord. No. 23-307]
(a)
The parcel on which the facility is located is at least 100 feet from any parcel in a residential zone.
(b)
The facility shall provide adequate space for conducting security searches and other assessments.
(c)
The facility shall be designed with a centralized shelter operations office on each level providing sight lines to sleeping areas.
(d)
The facility shall be designed to provide adequate indoor space to permit all shelter guests day shelter.
(e)
A management plan adequately outlining the following areas shall be provided; management responsibilities; process for resolving neighborhood concerns; staffing; access restrictions; on-site surveillance; safety measures; controls for resident behavior and noise levels; and monitoring reports.
(f)
The facility shall submit a transportation plan that identifies how the transportation needs of guests will be fulfilled.
(g)
The facility shall provide on-site services to support residents, such as case management, life skills training, counseling, employment and educational services, housing assistance, or other programs.
(h)
Suitable laundry, kitchen, pantry, bicycle storage, and secure storage facilities for shelter stayers shall be provided on-site.
(i)
An outdoor area for guest use shall be provided on-site with adequate screening to protect privacy of guests.
(j)
The facility shall be eligible to participate in the Maine Housing Emergency Shelter and Housing Assistance Program (ESHAP).
§ 165-98 Objective.
A.
The objective of the provisions in this article is to provide guidance for the future development of those areas being converted from rural to urban uses. Use intensity and other development standards are based upon the availability of a full range of urban services and infrastructure, while allowing for traditional, low-rise construction and the preservation of the essential elements of the natural environment by the inclusion of open space and plant life within individual projects as well as the overall area.
(1)
Residential development provisions allow for a wide range of housing types and siting arrangements within and among the various projects, ranging from traditional single-family detached dwellings accommodated entirely on their own lots to a variety of innovative group developments, including zero-lot-line detached housing, townhouse and apartment complexes.
(2)
Commercial development provisions address a variety of market conditions, including existing shopping mall complexes and arterial streets, linear models, as well as future commercial parks.
(3)
Wholesaling, warehousing and industrial uses are accommodated in the modern industrial park setting, which assures an attractive and functional environment with access to the area's transportation facilities and other support systems.
B.
These areas of the City lie outside of the older, developed urban area and, therefore, provide opportunity for developing complexes of compatible building types and siting amenities on a larger scale than the traditional lot-by-lot process. Flexibility is to be encouraged in group developments where overall project control is vested in a single entity.
§ 165-99 Low-Density Residential District (LDR).
[Amended 12-27-2000 by Ord. No. 01-61; 4-24-2006 by Ord. No. 06-140; 5-14-2007 by Ord. No. 07-156; 4-27-2015 by Ord. No. 15-137; 3-13-2017 by Ord. No. 17-096; 12-23-2019 by Ord. No. 20-017; 6-27-2022 by Ord. No. 22-214; 10-12-2022 by Ord. No. 22-329; 10-24-2022 by Ord. No. 22-349; 9-11-2023 by Ord. No. 23-258; 10-11-2023 by Ord. No. 23-295; 10-23-2023 by Ord. No. 23-308; 9-23-2024 by Ord. No. 24-279]
A.
Statement of purpose. The Low-Density Residential District is established to provide for both traditional and innovative family living on both individual lots and in attached development arrangements to promote a stable, healthy and desirable residential environment.
B.
Basic requirements. Buildings or land used or occupied and buildings or structures erected, constructed, reconstructed, moved or structurally altered, whether permitted uses or conditional uses, shall comply with the requirements of this section, Articles II through XII and the specific development standards of Article XIX of this chapter.
C.
Permitted uses. The following uses are permitted in this district:
(1)
One-family detached dwellings, with additional dwelling units permitted given the following:
(a)
If the lot is inside the Growth Boundary defined in the City's most recently adopted Comprehensive Plan:
[1]
If no dwelling exists on a lot, up to four units are allowed, either detached or attached.
[2]
If one dwelling unit exists on the lot, up to two additional units are allowed, one being attached to or within the primary dwelling and one being detached.
[3]
If two dwelling units exist on a lot, no additional units are allowed.
(b)
If the lot is outside the Growth Boundary defined in the City's most recently adopted Comprehensive Plan:
[1]
If no dwelling exists on a lot, up to two units are allowed, either detached or attached.
[2]
If one dwelling unit exists on the lot, up to two additional units are allowed, one being attached to or within the existing dwelling and one being detached.
[3]
If two dwelling units exist on a lot, no additional units are allowed.
(c)
If dwelling units are demolished after the date this section is adopted and the demolition results in an empty lot, there can be no increase in the number of units above what existed on the lot prior to demolition.
(3)
Community living arrangements, in accordance with 30-A M.R.S.A. § 4357-A, as may be amended.
(4)
Cluster subdivision for detached one-dwelling-unit buildings, provided that:
(a)
Such subdivision contains a minimum area of three acres.
(b)
Overall density shall not exceed three dwelling units per gross acre.
(c)
The minimum lot size is 8,000 square feet.
(d)
Provision is made for the maintenance in perpetuity of open space areas in such a project.
(f)
Such project has water service from the Bangor Water District.
(g)
Lots less than one acre shall be served by sewer service from the City of Bangor.
(5)
Small day-care center, provided that it is operated at a dwelling by a resident or residents of the dwelling.
(8)
Tiny home park.
D.
Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district:
(1)
Attached residential, provided that:
(2)
Boardinghouses that are located on a major arterial street.
(3)
One-family detached manufactured housing unit complex, provided that:
(4)
Permanent supportive housing.
§ 165-100 High-Density Residential (HDR).
[Amended 1-24-2000 by Ord. No. 00-82; 12-27-2000 by Ord. No. 01-61; 4-27-2015 by Ord. No. 15-137]
A.
Statement of purpose. The High-Density Residential District is established to provide for single-family dwellings and a wide variety of multifamily and group housing arrangements to promote a stable, healthy and desirable residential environment.
B.
Basic requirements. Buildings or land used or occupied and buildings or structures erected, constructed, reconstructed, moved or structurally altered, whether permitted uses or conditional uses, shall comply with the requirements of this section, Articles II through XII and the specific development standards of Article XIX of this chapter.
C.
Permitted uses. The following uses are permitted in this district:
(1)
A single building containing one dwelling unit.
(5)
Community living arrangements, in accordance with 30-A M.R.S.A. § 4357-A, as may be amended.
(6)
Small day-care center.
[Amended 3-13-2017 by Ord. No. 17-096]
(8)
Tiny home park.
[Added 10-24-2022 by Ord. No. 22-349[2]]
[2]
Editor's Note: This ordinance also redesignated former Subsection C(7) as Subsection C(8), but because Ord. No. 22-329, adopted 10-22-2022, redesignated former Subsection C(7) as Subsection C(8), the new material adopted by Ord. No. 22-349 was added as Subsection C(8) and the existing Subsection C(8) was redesignated as Subsection C(9).
D.
Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district:
(2)
Mobile home parks, provided that:
(3)
(4)
Cluster subdivision for buildings containing one dwelling unit, provided that:
(a)
The subdivision contains a minimum total site development area of five acres.
(b)
The subdivision is served by both sewer service from the City of Bangor and water service from the Bangor Water District.
(c)
The subdivision and related buildings shall be subject to conditional use review, including architectural guidelines included in development covenants and deed restrictions such as a homeowners' association or other means. The construction of each individual structure does not require separate conditional use review.
(6)
Major essential service facilities, provided that:
[Amended 10-12-2022 by Ord. No. 22-329]
(7)
Day-care center, provided that:
(a)
Such use will provide a B Buffer Yard along any property line within 50 feet of any residential structure or an A Buffer Yard along any property line abutting any residential zoning district.
(b)
Such use will not be located in a structure which is more than 175% the size of existing residential structures located on abutting parcels in height or gross floor area.
(8)
Boardinghouses that are located on a major arterial street.
[Added 6-27-2022 by Ord. No. 22-214]
(9)
Permanent supportive housing.
[Added 10-11-2023 by Ord. No. 23-295]
§ 165-101 Shopping and Personal Service District (S & PS).
A.
Statement of purpose. The Shopping and Personal Service District is established to provide retail and service activities catering to the individual and to create opportunities for the beneficial collocation of compatible businesses, as in shopping centers, where easy automobile and pedestrian access is necessary.
B.
Basic requirements. Buildings or land used or occupied and buildings or structures erected, constructed, reconstructed, moved or structurally altered, whether permitted uses or conditional uses, shall comply with the requirements of this section, Articles II through XII and the specific development standards of Article XIX of this chapter.
C.
Permitted uses. The following uses are permitted in this district:
[Amended 12-27-2000 by Ord. No. 01-61]
(1)
Business office or professional office.
(2)
Retail or service business conducted wholly within a building with no goods or materials displayed or stored outdoors, except goods or materials of a seasonal nature displayed for retail sale, with outdoor display area limited to 1% of the gross floor area of the building.
(3)
Motel, hotel or inn.
(4)
Schools conducted for profit, such as trade, business, dance, gymnastics and music schools.
(6)
Day-care center (small or large).
[Amended 3-13-2017 by Ord. No. 17-096]
(7)
Enclosed recreation centers for profit.
(8)
Community service organizations.
(9)
Private membership social and fraternal clubs.
(10)
Restaurants.
(11)
Places of worship.
(15)
Marijuana store, provided that:
[Added 3-12-2018 by Ord. No. 18-107[5]; amended 4-23-2018 by Ord. No. 18-151; 9-10-2018 by Ord. No. 18-337]
(a)
The building in which the facility is located must be at least 1,000 feet from, or on the other side of a controlled-access highway from, the real property comprising any public or private elementary or secondary school or school dormitory, juvenile shelter, orphanage, public playground, or public park as defined in § 231-2 of this Code.
[Amended 1-28-2019 by Ord. No. 19-074]
(b)
The building in which the facility is located must be at least 300 feet from, or on the other side of a controlled-access highway from, any church, chapel, parish house, other place of worship, day care, or dwelling on a residential parcel, measured by a straight line from building to building.
[Amended 9-24-2018 by Ord. No. 18-355; 1-28-2019 by Ord. No. 19-074]
(c)
(Reserved)
(d)
No marijuana cultivation facility, marijuana manufacturing facility, or marijuana testing facility may be accessory to a retail marijuana store.
(e)
No drive-in windows are allowed. No curbside or other pickup of marijuana by persons outside the store is allowed.
(f)
Signage designed to appeal to persons under 21 years of age is prohibited.
[5]
Editor's Note: This ordinance also redesignated former Subsection C(15) as Subsection C(16).
(18)
(19)
D.
Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district:
(1)
High-rise hotel, provided that:
(2)
Self-storage facility, provided that:
[Amended 3-11-2019 by Ord. No. 19-105]
(a)
No more than 1,000 square feet of floor area are provided to any one customer except on a lot with a yard that abuts Bangor Mall Boulevard, Longview Drive, Stillwater Avenue or Hogan Road, where more than 1,000 square feet of floor area may be provided to one customer.
[Amended 3-8-2021by Ord. No. 21-101; 5-12-2021 by Ord. No. 21-168]
(b)
No hazardous or highly flammable substances are stored.
(c)
Retail sale of goods accessory to the storage use, such as sales of packing materials, storage supplies, and other such related goods, is allowed on site by the owner of the facility. No sales activity of goods or materials of any sort shall be conducted from individual storage units or by storage unit customers.
(3)
Retail auto service, provided that:
(a)
Adequate provision is made for automobile queuing at any service bays or service doors which will not restrict vehicular movement onto or off from the site.
(b)
Additional provision is made for parking of vehicles left for any accessory installations.
(c)
The use is not located in the Penjajawoc Marsh Overlay Zone.
[Added 3-8-2021by Ord. No. 21-101]
(4)
Drive-in business, provided that:
(a)
Adequate queuing space shall be provided for vehicles, without restricting vehicular movements on the site at access points to any service road or street, including at least five spaces for each service window or station at a drive-in bank or drive-in restaurant.
(b)
Additional parking area is provided for vehicles where any product is to be consumed on the premises or where service to vehicles away from drive-up windows or stations is contemplated or possible.
(5)
Gasoline service station, provided that:
(a)
No gasoline pump shall be located within 100 feet of any existing residential building.
(b)
Adequate queuing space is provided for at least two vehicles for each gas-dispensing nozzle without restricting automobile access to and egress from the site.
(c)
The use is not located in the Penjajawoc Marsh Overlay Zone.
[Added 3-8-2021by Ord. No. 21-101]
(6)
Warehousing or wholesaling of goods and materials, provided that:
[Amended 3-8-2021 by Ord. No. 21-101; 5-12-2021 by Ord. No. 21-168]
(a)
The operation is conducted entirely within a building with no goods or materials stored outdoors.
(b)
The gross floor area of a building housing such uses shall not exceed 20,000 square feet, except on a lot with a yard that abuts Bangor Mall Boulevard, Longview Drive, Stillwater Avenue or Hogan Road, where more than 20,000 square feet of floor area may be allowed.
(c)
The use is not located in the Penjajawoc Marsh Overlay Zone.
(7)
Building supply or other retail or service business conducted within a building but which by virtue of the nature of the business or service shall require an outdoor display or storage area of greater than 1% of the gross floor area of the building, provided that:
(a)
Exterior display or storage area shall not exceed 50% of the gross floor area of the building (or building area devoted to the use, whichever is less).
(b)
No outdoor display will be located in any side yard or rear yard, nor will any outdoor storage be located in a front yard.
[Amended 9-14-1998 by Ord. No. 98-339]
(c)
All display and storage areas will be separate from any vehicle parking and circulation areas and be screened from view from any public street.
(8)
Auto, truck, boat, manufactured or modular homes, agricultural and construction machinery sales, provided that:
[Amended 1-11-2010 by Ord. No. 10-039; 3-8-2021 by Ord. No. 21-101]
(a)
No facilities to service such vehicles, homes, boats or machinery are included.
(b)
Outdoor display of products shall not exceed 50% of the gross floor area of the building (or building area devoted to the use, whichever is less).
(c)
No outdoor display or storage of products will be conducted in any side yard or rear yard.
(d)
The use is not located in the Penjajawoc Marsh Overlay Zone.
(9)
A mixed residential and commercial use if the lot has frontage on Union Street, provided that:
[Amended 6-12-2023 by Ord. No. 23-156; 9-11-2023 by Ord. No. 23-258]
(10)
Major essential service facilities, provided that:
[Amended 10-12-2022 by Ord. No. 22-329]
(11)
Entertainment or recreational use not wholly contained within a building, provided that:
[Added 9-8-2003 by Ord. No. 03-264]
(a)
The applicant demonstrates that noise levels will not adversely affect any adjacent property.
(b)
The boundary of the use area is not less than 300 feet from any existing residential building. For the purpose of this section, "use area" shall include any area where there will be any activity associated with the use, human or otherwise, but shall not include any required buffer yard.
[Amended 8-22-2005 by Ord. No. 05-269]
(c)
Outdoor recreational facilities shall use full cutoff or directionally shielded lighting fixtures aimed towards the recreation area. All lighting shall be shielded to prevent light from directly shining on any adjacent property.
[Amended 8-22-2005 by Ord. No. 05-269]
(d)
Outdoor recreational facilities shall provide, at minimum, a D-1 Buffer or equivalent using existing vegetation, or a combination of existing vegetation and new buffer elements, along any residential district boundary.
[Amended 8-22-2005 by Ord. No. 05-269]
(12)
Manufacturing, compounding, assembling, packing, treatment, or warehousing or wholesaling of goods and products, provided that:
[Added 3-8-2021 by Ord. No. 101]
(a)
The activity will not be noxious or injurious by reason of the production or emission of dust, smoke, odor, gas, fumes, refuse matter, noise, vibration or similar substances or conditions. The applicant must demonstrate that no adjacent property or business will be adversely affected by the use.
(b)
The use is not located in the Penjajawoc Marsh Overlay Zone.
(c)
The use is located on a lot with a yard that abuts Bangor Mall Boulevard, Longview Drive, Stillwater Avenue or Hogan Road.
[Amended 5-12-2021 by Ord. No. 21-168
§ 165-102 General Commercial and Service District (GC & S).
A.
Statement of purpose. The General Commercial and Service District is established to accommodate those retail, wholesale and service uses which, because of certain locational requirements and operational characteristics, are generally not compatible with residential areas nor easily integrated into those retail and service complexes, like shopping centers, which cater to the pedestrian. This incompatibility and diversity of permitted and conditional uses in these districts usually relegates them to major arterial street locations and areas where large sites are available to support outdoor storage and display needs.
B.
Basic requirements. Buildings or land used or occupied and buildings or structures erected, constructed, reconstructed, moved or structurally altered, whether permitted uses or conditional uses, shall comply with the requirements of this section, Articles II through XII and the specific development standards of Article XIX of this chapter.
C.
Permitted uses. The following uses are permitted in this district:
[Amended 11-13-2002 by Ord. No. 02-369; 7-25-2005 by Ord. No. 05-204; 6-26-2006 by Ord. No. 06-228; 3-24-2008 by Ord. No. 08-104]
(2)
Vehicular, equipment, mobile home and machinery sales and service.
(3)
Building supply.
(4)
Wholesale business conducted entirely within a building.
(5)
Any retail or service business conducted within a building and which, by virtue of the nature of the business, shall require an outdoor display area in excess of 1% of the gross floor area of the building.
(6)
High-rise hotel subject to the requirements of § 165-101D(1) of this article.
(7)
Self-storage facility subject to the requirements of § 165-101D(2) of this article.
[Amended 3-11-2019 by Ord. No. 19-105]
(8)
Clinic, medical or dental.
(9)
Passenger intermodal facility.
(11)
Firearms range, provided that:
[Added 4-23-2019 by Ord. No. 19-138[1]]
(a)
The range is indoors.
(b)
The range is designed, constructed, and operated in accordance with the most recent Indoor Firing Range Design, Operations & Maintenance Criteria document, published by the Public Building Service of the General Service Administration, and is available for inspection by the Bangor Police Department during regular business hours and all hours during which the range is operated.
(c)
No odors, or noise in excess of 65 dBA, resulting from the operation of the range shall be detectable at the property line.
[1]
Editor's Note: This ordinance also redesignated former Subsection C(11) as Subsection C(12).
D.
Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district:
(1)
Drive-in business, provided that:
(a)
Adequate queuing space shall be provided for vehicles, without restricting vehicular movements on the site at access points to any service road or street, including at least five spaces for each service window or station at a drive-in bank or drive-in restaurant;
(b)
Additional parking area is provided for vehicles where any product is to be consumed on the premises or where service to vehicles away from drive-up windows or stations is contemplated or possible.
(5)
Warehousing or wholesaling of goods and materials, provided that:
(a)
The operation is conducted within a building with goods or materials stored outdoors limited to an area which shall not exceed 20% of the building gross floor area.
(b)
The gross floor area of a building housing such uses shall not exceed 20,000 square feet, except on a lot with a yard that abuts Bangor Mall Boulevard, Longview Drive, Stillwater Avenue or Hogan Road, where more than 20,000 square feet of floor area may be allowed.
[Amended 3-11-2024 by Ord. No. 24-090]
(6)
Entertainment or recreational use not wholly contained within a building, provided that:
(a)
The applicant demonstrates that noise levels will not adversely affect any adjacent property.
(b)
The boundary of the use area is not less than 300 feet from any existing residential building. For the purpose of this section, "use area" shall include any area where there will be any activity associated with the use, human or otherwise, but shall not include any required buffer yard.
[Amended 8-22-2005 by Ord. No. 05-269]
(c)
Outdoor recreational facilities shall use full cut-off or directionally shielded lighting fixtures aimed towards the recreation area. All lighting shall be shielded to prevent light from directly shining on any adjacent property.
[Amended 8-22-2005 by Ord. No. 05-269]
(d)
Outdoor recreational facilities shall provide, at minimum, a D-1 buffer or equivalent using existing vegetation, or a combination of existing vegetation and new buffer elements, along any residential district boundary.
[Amended 8-22-2005 by Ord. No. 05-269]
(7)
Auto repair shop, provided that:
(a)
All repairs are conducted wholly within a completely enclosed building.
(b)
All vehicle storage areas (for repair vehicles) are completely screened from view from any direction (from off the site).
(c)
All buildings containing repair areas are properly soundproofed to prevent any noise from repair activities from adversely affecting any adjacent property.
(8)
Light industry (including manufacturing, compounding and assembling or treatment of goods and products), provided that:
(a)
The operation is conducted entirely within a building of not more than 20,000 square feet of floor area, with no goods or materials permanently stored outdoors, and temporary outdoor storage areas are limited to 4,000 square feet in area with no such area located between the building and any street line.
(b)
The building is properly soundproofed to prevent any noise from manufacturing activity from adversely affecting any adjacent property.
(c)
There will be no noxious or odoriferous fumes generated by the activity.
(9)
Major essential service facilities, provided that:
[Amended 10-12-2022 by Ord. No. 22-329]
(10)
Chemical dependency treatment facility, provided that:
[Added 7-25-2005 by Ord. No. 05-204]
(a)
Adequate interior waiting area is provided and maintained to ensure that there will be no exterior queuing.
(b)
Parking is provided at the rate of one space per 150 square feet of gross floor area.
(c)
The main entrance is located at least 100 feet from the main entrance of any other business in the same or an adjacent structure, measured by ordinary course of travel.
(d)
The facility is located at least 300 feet from any public or private school or school dormitory, church, chapel, parish house or other place of worship, public library, juvenile shelter or orphanage, playground or public park, or residential zoning district boundary, measured by straight line from property line to property line or zoning boundary.
(11)
A mixed residential and commercial use if the lot has frontage on Union Street, provided that:
[Added 6-12-2023 by Ord. No. 23-156; amended 9-11-2023 by Ord. No. 23-258]
§ 165-103 Industry and Service District (I & S).
A.
Statement of purpose. The Industry and Service District is established to accommodate certain manufacturing, research, information processing and communications uses requiring uncongested, spacious and attractive surroundings as well as traditional manufacturing, warehousing, distribution centers, transportation terminals and certain commercial and repair service uses which require locations which ensure sufficient space on expansive sites for building expansion, parking and loading facilities and landscaping.
B.
Basic requirements. Buildings or land used or occupied and buildings or structures erected, constructed, reconstructed, moved or structurally altered, whether permitted uses or conditional uses, shall comply with the requirements of this section, Articles II through XII and the specific development standards of Article XIX of this chapter.
C.
Permitted uses. The following uses are permitted in this district:
[Amended 11-8-2004 by Ord. No. 04-323; 7-25-2005 by Ord. No. 05-204; 3-24-2008 by Ord. No. 08-104]
(1)
Manufacturing, compounding, assembling, packing, treatment, warehousing or wholesaling of goods and products.
(2)
Truck terminals and distribution centers.
(3)
Radio and television broadcast towers, provided that:
(4)
Information processing and communications facilities.
(5)
Research and testing facilities of a laboratory nature.
(6)
Administrative offices of manufacturing, retail, banking, public utility, service or research corporations.
(7)
Service business limited to office use.
(10)
Day-care center (small or large).
[Amended 3-13-2017 by Ord. No. 17-096]
(11)
Building and construction contractors: Contractor facilities where materials and equipment storage may require extensive outdoor storage areas. Such operations may contain office, shop, processing, warehousing and other support functions.
[Amended 2-22-2010 by Ord. No. 10-060A]
(12)
Vehicular, equipment, mobile home and machinery sales and service.
[Amended 12-10-2012 by Ord. No. 13-024]
(14)
Major essential service facilities.
[Amended 10-12-2022 by Ord. No. 22-329]
(15)
Chemical dependency treatment facility, provided the property line is at least 300 feet from any residential district.
(17)
Fitness center, provided that:
[Added 3-26-2012 by Ord. No. 12-096[4]]
(a)
The facility is housed in an existing building.
(b)
The facility does not include other indoor recreational facilities, such as bowling alleys, tennis courts, pool halls, roller rinks or video arcades, or specific facilities for spectator events or competitions.
(c)
The facility does not include large recreational/sports fields, such as golf courses, archery ranges, motorized sports, paintball or firearms. Smaller outdoor activities accessory to the fitness center are allowed.
[4]
Editor's Note: This ordinance also redesignated former Subsection C(16) as Subsection C(17).
(18)
Marijuana cultivation facility, marijuana manufacturing facility, or marijuana testing facility, provided that:
[Added 12-11-2017 by Ord. No. 17-378[5]; amended 4-23-2018 by Ord. No. 18-151; 9-10-2018 by Ord. No. 18-337]
(a)
The building in which the facility is located must be at least 1,000 feet from, or on the other side of a controlled-access highway from, the real property comprising any public or private elementary or secondary school or school dormitory, juvenile shelter, orphanage, public playground, or public park as defined in § 231-2 of this Code.
[Amended 1-28-2019 by Ord. No. 19-074]
(b)
The building in which the facility is located must be at least 300 feet from, or on the other side of a controlled-access highway from, any church, chapel, parish house, other place of worship, day care, or dwelling on a residential parcel, measured by a straight line from building to building.
[Amended 9-24-2018 by Ord. No. 18-355; 1-28-2019 by Ord. No. 19-074]
(c)
The building in which the facility is located must be connected to public sewer and water and must comply with all public sewer and water regulations.
(d)
The building in which the facility is located must be a separate building from any use that is not marijuana cultivation facility, marijuana manufacturing facility, or marijuana testing facility, unless said use is accessory to the marijuana cultivation facility, marijuana manufacturing facility, or marijuana testing facility.
(e)
Notwithstanding the preceding subsection, no marijuana store may be accessory to a marijuana cultivation facility, marijuana manufacturing facility, or marijuana testing facility, nor may a marijuana cultivation facility, marijuana manufacturing facility, or marijuana testing facility otherwise sell marijuana directly to consumers.
[5]
Editor's Note: This ordinance also redesignated former Subsection C(17) as C(18).
(19)
(Reserved)[6]
[6]
Editor's Note: Former Subsection C(18), Primary caregiver cultivation facility, added 12-27-2017 by Ord. No. 18-042, was repealed 1-28-2019 by Ord. No. 19-074. Ordinance No. 18-042 also redesignated then-Subsection C(18) as Subsection C(19) and included a map which set forth the schools and related 500-foot school parcel buffers in the I&S and UID Zoning Districts, said map being on file in the City offices.
D.
Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district:
[Amended 5-14-2007 by Ord. No. 07-156]
(1)
Auto repair shop, provided that:
(a)
Sales of motor vehicles shall be prohibited.
(b)
It meets the requirements of § 165-102D(7) of this article.
§ 165-103.1 Technology and Service District.
[Added 6-26-2006 by Ord. No. 06-224]
A.
Statement of purpose. The Technology and Service District is established to provide for certain technology based business and office development sites for businesses seeking a business-park-type setting. The range of uses in this district will include office facilities, information processing and medical services. Some light industrial uses will be allowed, provided they can demonstrate no adverse impacts on adjacent businesses in the district.
C.
Permitted uses. The following uses are permitted in this district:
(1)
Business or professional offices.
(2)
Clinic, medical or dental.
(3)
Research and testing laboratories.
(4)
Day-care center (small or large).
[Amended 3-13-2017 by Ord. No. 17-096]
(5)
Information processing and communications facilities.
[Amended 10-12-2016 by Ord. No. 16-364]
(6)
Marijuana testing facility, provided that:
(a)
The building in which the facility is located must be at least 1,000 feet from, or on the other side of a controlled-access highway from, the real property comprising any public or private elementary or secondary school or school dormitory, juvenile shelter, orphanage, public playground, or public park as defined in § 231-2 of this Code.
[Amended 1-28-2019 by Ord. No. 19-074]
(b)
The building in which the facility is located must be at least 300 feet from, or on the other side of a controlled-access highway from, any church, chapel, parish house, other place of worship, day care, or dwelling on a residential parcel, measured by a straight line from building to building.
[Amended 9-24-2018 by Ord. No. 18-355; 1-28-2019 by Ord. No. 19-074]
(c)
The building in which the facility is located must be connected to public sewer and water, and must comply with all public sewer and water regulations.
(d)
The building in which the facility is located must be a separate building from any use that is not a marijuana testing facility, unless said use is accessory to the marijuana testing facility.
(e)
Notwithstanding the preceding subsection, no marijuana store may be accessory to a marijuana testing facility, nor may a marijuana testing facility otherwise sell marijuana directly to consumers.
[1]
Editor's Note: This ordinance also redesignated former Subsection C(6) as C(7).
(8)
Uses accessory and incidental to the above uses.
D.
Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district:
§ 165-104 Objective.
The objective of the provisions within this article is to provide for the protection of a variety of natural and resource use environments in areas of the City where intensive development and provision of urban services are to be avoided due to inhospitable physiographic conditions, fragile environments and remoteness of access to transportation and other facilities. These areas should be managed to contribute to the welfare of the community by encouraging appropriate resource use and low-intensity living and recreation, while avoiding costly damage to sensitive environments and inefficient construction of urban infrastructure and private development. The proper balancing of preservation and utilization of these areas can pay great dividends to the community over time.
§ 165-105 Rural Residence and Agricultural District (RR & A).
[Amended 12-27-2000 by Ord. No. 01-61; 8-27-2001 by Ord. No. 01-320; 4-28-2003 by Ord. No. 03-131; 4-24-2006 by Ord. No. 06-140; 3-24-2008 by Ord. No. 08-104; 3-8-2010 by Ord. No. 10-076; 7-22-2013 by Ord. No. 13-237; 10-16-2013 by Ord. No. 13-308; 10-27-2014 by Ord. No. 14-317; 12-14-2015 by Ord. No. 16-013; 3-13-2017 by Ord. No. 17-096; 12-23-2019 by Ord. No. 20-017; 3-9-2020 by Ord. No. 19-363; 6-27-2022 by Ord. No. 22-214; 10-12-2022 by Ord. No. 22-329; 10-24-2022 by Ord. No. 22-349; 8-28-2023 by Ord. No. 23-245; 9-11-2023 by Ord. No. 23-258; 10-23-2023 by Ord. No. 23-308; 9-23-2024 by Ord. No. 24-279; 9-8-2025 by 25-257]
A.
Statement of purpose. The Rural Residence and Agricultural District is established to preserve in agricultural use lands where urban development is generally not feasible because of the absence of public utilities and community facilities. As these utilities and facilities become available within the urban development boundary and a demand for urban land use develops, a change of zoning from agricultural to other districts may be made. Minimum lot sizes in this district are also intended to preserve the quiet, rural atmosphere and to conserve property values.
B.
Basic requirements. Buildings or land used or occupied and buildings or structures erected, constructed, reconstructed, moved or structurally altered, whether permitted uses or conditional uses, shall comply with the requirements of this section, Articles II through XII and the specific development standards of Article XIX of this chapter.
C.
Permitted uses. The following uses are permitted in this district:
(1)
Agriculture.
(2)
The sale of farm, nursery, dairy or poultry products within a structure having a gross floor area of not more than 500 square feet.
(4)
One-family dwellings, with additional dwelling units permitted given the following:
(a)
If the lot is inside the Growth Boundary defined in the City's most recently adopted Comprehensive Plan:
[1]
If no dwelling exists on a lot, up to four units are allowed, either detached or attached.
[2]
If one dwelling unit exists on the lot, up to two additional units are allowed, one being attached to or within the primary dwelling and one being detached.
[3]
If two dwelling units exist on a lot, no additional units are allowed.
(b)
If the lot is outside the Growth Boundary defined in the City's most recently adopted Comprehensive Plan:
[1]
If no dwelling exists on a lot, up to two units are allowed, either detached or attached.
[2]
If one dwelling unit exists on the lot, up to two additional units are allowed, one being attached to or within the existing dwelling and one being detached.
[3]
If two dwelling units exist on a lot, no additional units are allowed.
(c)
If dwelling units are demolished after the date this section is adopted and the demolition results in an empty lot, there can be no increase in the number of units above what existed on the lot prior to demolition.
(6)
Municipal uses.
(8)
Major essential service facilities.
(9)
Community living arrangements, in accordance with 30-A M.R.S.A. § 4357-A, as may be amended.
(12)
Bed-and-breakfasts, provided that:
(a)
Meals provided are limited to patrons and their guests.
(b)
It is limited to a maximum of 10 guest rooms.
(c)
It provides, at a minimum, an A Buffer Yard or an equivalent of existing woody vegetation to buffer neighboring properties.
(d)
The applicant demonstrates compliance with the State Plumbing Code for the proposed number of units.
(13)
Small landscaping services business, provided that:
(a)
The landscaping services use is accessory to the primary use of the parcel as a residence.
(b)
Facilities, equipment, and storage areas are located at least 50 feet from the property line of any other parcel.
(c)
At least 50 feet of existing or planted woody vegetation creating an effective visual barrier must be provided between facilities, equipment and storage areas and the property line of any adjacent parcel.
(d)
No more than four people, including the owner, may be employed or used as independent contractors by the landscaping services business.
(e)
A stockade fence at least six feet in height must enclose any storage or parking area on any side not facing a building on the parcel or a street adjacent to the parcel.
(14)
Small day-care center, provided that it is operated at a dwelling by a resident or residents of the dwelling.
D.
Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district:
(2)
Animal pounds, kennels, animal hospitals, animal clinics, and animal crematoria, provided that such facilities are located at least 100 feet from any residential district and at least 150 feet from any residential building on an adjoining parcel.
(3)
Tenting and camping areas, golf courses and driving ranges (except miniature golf courses), provided that:
(a)
They are located on the following arterial highways: Route 15 (Broadway), Route 222 (Union Street) and Stillwater Avenue.
(b)
Such facilities are set back at least 50 feet from the street right-of-way line.
(c)
Access drives are so located and designed to provide free, unobstructed views of vehicles from the drives and from the street and adequate stopping sight distances to such drives are available on the street.
(4)
[2]Reconstruction of mobile home parks established prior to 1971 that are located outside the growth area delineated in the most recently adopted Comprehensive Plan, provided that the reconstruction is done consistent with the requirements of § 165-121C.
[2]
Editor's Note: Former Subsection D(4), regarding radio and television towers, was repealed 3-24-2008 by Ord. No. 08-104 and pursuant to Ord. No. 08-105, adopted 3-24-2008, was made effective retroactively to 7-1-2007.
(5)
Places of worship, provided that such site development is located on a major arterial street.
(6)
Cemeteries, provided that they meet the requirements for access drives in Subsection D(3)(c) above and conform to state statutes.
(7)
Large landscaping services business, provided that:
(a)
The property is five acres or larger in area.
(b)
The property is on a major arterial street.
(c)
Facilities, equipment, and storage areas are located at least 150 feet from the property line of any other parcel.
(d)
A stockade fence at least six feet in height must enclose any storage or parking area on any side not facing a building on the parcel or a street adjacent to the parcel, or, in the alternative, at least 50 feet of existing or planted woody vegetation creating an effective visual barrier must be provided between facilities, equipment, and storage areas and the property line of any adjacent parcel.
(8)
Boardinghouses that are located on a major arterial street.
(9)
Private schools, training facilities and recreational uses on major arterials only.
§ 165-106 Resource Protection District (RP).
A.
Statement of purpose. The Resource Protection District is established to preserve and protect certain areas, such as natural drainageways, floodplains, streams, rivers, wetlands, etc. The Resource Protection District is intended not only to preserve and protect open space land, water quality, productive habitat, biotic systems and scenic and natural areas consistent with the intent and purpose of this chapter but also to protect the inhabitants of the City from costs and consequences which may be incurred when unsuitable development occurs in such areas.
B.
Basic requirements. Buildings or land used or occupied and buildings or structures erected, constructed, reconstructed, moved or structurally altered, whether permitted uses or conditional uses, shall comply with the requirements of this section, Article VII and the specific development standards of Article XIX of this chapter.
C.
Permitted uses. The following uses are permitted in this district:
(2)
Agriculture, including the production of dairy products and crops and the keeping and raising of livestock and poultry, except for feed lots, in accordance with Article VII.
(3)
Tree farms and forest nurseries.
(4)
Harvesting of wild crops.
(5)
Recreation trails, such as bicycle, hiking, saddle, carriage, ski, snowmobile and snowshoe trails.
(6)
All activities necessary for managing and protecting the land, including but not limited to forest management activities, wildlife management, mineral exploration, surveying and fire protection.
(7)
Other recreational activities not requiring structures.
(8)
Individual private campsites.
D.
Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district:
(1)
Public utilities, including sewage collection and treatment, provided that:
(3)
Filling, grading or dredging, provided that:
(c)
A plan for precautions taken during construction to eliminate erosion and prevent environmental degradation and a plan for restoration of the site after construction, including revegetation, are submitted which demonstrate the minimal disruption of the environment in the immediate area.
(4)
Road and driveway construction:
§ 165-107 Park and Open Space District (P & O).
A.
Statement of purpose. The Park and Open Space District is established to preserve parks, parkland and open space land. Such zoning will protect the public and private interests in these areas by limiting the uses to certain recreational and appropriate resource utilization activities.
B.
Basic requirements. Buildings or land used or occupied and buildings or structures erected, constructed, reconstructed, moved or structurally altered, whether permitted uses or conditional uses, shall comply with the requirements of this section, Articles II through XII and the specific development standards of Article XIX of this chapter.
C.
Permitted uses. The following uses are permitted in this district:
(1)
Agricultural, including the production of dairy products and crops and the keeping and raising of livestock and poultry, except feedlots.
(2)
Tree farms, forest nurseries and timber harvesting.
(3)
Harvesting of wild crops.
(4)
Public parks, playgrounds, reservations, preserves, sanctuaries and open and natural areas.
(5)
Recreational trails, such as bicycle, hiking, saddle, carriage, ski, snowmobile and snowshoe trails.
(6)
All activities necessary for managing and protecting the land, including but not limited to forest management activities, surveying and fire protection.
(7)
Within the confines of the municipal auditorium, Bass Park fairgrounds and municipal golf course, activities which may customarily be carried on within these facilities, including but not limited to athletic events, exhibitions, conventions, entertainment, sales, recreation programs and sales and service which may be customary and incidental to such uses, unless limited or prohibited under Subsection D or E, and, within the confines of Bass Park, including the municipal auditorium, those uses which are permitted under the terms of the will and codicils thereto of the late Joseph P. Bass.
(8)
Minor essential service facilities, under the conditions required by § 165-80.3.
[Added 10-12-2022 by Ord. No. 22-329[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsection C(8) as Subsection C(11), former Subsection C(10) as Subsection C(9), and former Subsection C(9) as Subsection C(10).
(9)
Major essential service facilities.
[Amended 2-27-1995 by Ord. No. 95-107; 10-22-2007 by Ord. No. 07-32210-12-2022 by Ord. No. 22-329]
(10)
Swimming pools, tennis courts, skating areas and other active recreational facilities, provided that:
(a)
Such facilities are properly landscaped and in no case create an impervious surface of greater than 25%.
(b)
Automobile access and parking areas shall be screened with natural vegetation, and any paved parking areas shall be broken up with shade trees to reduce heat generation and glare. Parking lots should be designed to reduce large concentrations of asphalt through internal green areas, varied layout and circulation, and use of traffic calming and pedestrian crosswalks.
[Amended 10-22-2007 by Ord. No. 07-322]
§ 165-108 Stream Protection District (SPD).
[Amended 8-10-1992 by Ord. No. 92-343; 6-11-2001 by Ord. No. 01-188]
A.
Statement of purpose. The Stream Protection District is established to preserve and protect defined streams in the developing areas of the City. The district is intended to ensure that the functions of such natural drainageways to provide fish and wildlife habitat, to support vegetation, to provide visual relief from development and to provide passive recreation opportunities are not encroached upon by future development in these development sites.
B.
Basic requirements. Buildings or land used or occupied and buildings or structures erected, constructed, reconstructed, moved or structurally altered, whether permitted uses or conditional uses, shall comply with the requirements of this section, Article VII and the following specific development standards:
C.
Permitted uses. The following uses are permitted in this district:
(2)
Agriculture, including the production of dairy products and crops and the keeping and raising of livestock and poultry, except for feed lots, in accordance with Article VII.
(3)
Tree farms and forest nurseries.
(4)
Recreation trails, such as bicycle, hiking, saddle, carriage, ski, snowmobile and snowshoe trails.
(5)
All activities necessary for managing and protecting the land, including but not limited to forest management activities, wildlife management, mineral exploration, surveying and fire protection.
(6)
Other recreational activities not requiring structures.
(7)
Accessory uses to uses permitted in abutting zoning districts located on the same lot, provided that no such use may be located within 75 feet of the normal high-water line of the stream.
(8)
Buffer yards as defined under the provisions of this chapter.
D.
Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district:
(3)
Filling, grading or dredging, provided that:
(c)
A plan for precautions taken during construction to eliminate erosion and prevent environmental degradation and a plan for restoration of the site after construction, including revegetation, are submitted which demonstrate the minimal disruption of the environment in the immediate area.
(4)
Road and driveway construction:
(a)
Provided that such private drive is necessary to provide access to a permitted or conditional use established in conformance with the provisions of this chapter; or
(b)
Where no reasonable route or location is available outside of the Stream Protection District Area as determined by the Planning Board.
§ 165-108.1 Penjajawoc Marsh Overlay Zone.
[Added 4-24-2006 by Ord. No. 06-138]
A.
Statement of purpose. The Penjajawoc Marsh Overlay Zone is intended to balance natural resource protections with the rights of property owners to maintain the historic use and development potential of their properties. Through the use of cluster development standards, expanded open space and buffer zones can be provided adjacent to the Penjajawoc Marsh and its adjacent wildlife habitat. The Overlay Zone recognizes the Marsh as a significant wildlife area.
B.
Basic requirements. Buildings or land used or occupied and buildings or structures erected, constructed, reconstructed, moved or structurally altered, whether permitted uses or conditional uses, shall comply with the requirements of this section, Articles I through XII and the underlying zoning district in which they are located.
C.
Penjajawoc Marsh/Bangor Mall Management Commission.
(1)
Pursuant to § 23-30, the Penjajawoc Marsh/Bangor Mall Management Commission is authorized to:
(a)
Meet with the potential developer to discuss the project and present recommendations and suggestions to the developer regarding the design of the development and the protection of the Penjajawoc Marsh and Stream, such recommendations to be consistent with the Comprehensive Plan and Land Development Code.
(b)
Provide its comments and recommendations regarding such developments to the Planning Board for consideration by the Board at the time it reviews formal applications for such projects.
(2)
Discussion between the developer and the Commission is intended to take place at the conceptual development stage well in advance of any submission seeking development approval. The requirements of this section shall in no way affect the rights of applicants under the Land Development Code or change or modify established deadlines for proceeding before the Planning Board.
D.
The following additional requirements shall apply to properties in residential zoning districts:
(1)
No structures shall be established within 250 feet of the upland edge of the Penjajawoc Marsh.
(2)
The impervious surface area of any lot or portion of a lot located within 250 feet of the upland edge of the Penjajawoc Marsh shall not exceed:
(3)
Residential subdivisions shall be developed using the cluster provisions of this Code.
(a)
Detention ponds and paved surfaces shall not count towards the open space requirement, although the Planning Board may allow other stormwater control devices to be included in the open space calculation.
(b)
To avoid habitat fragmentation, the open space of any subdivision adjoining the Penjajawoc Marsh should be located so as to create the largest possible contiguous and unbroken upland buffer for the Marsh.
§ 165-108.2 Open space reservations.
[Added 8-11-2008 by Ord. No. 08-251]
A.
Statement of purpose. Allowing landowners/developers to set aside open space in advance of development or in situations where development may occur in phases is intended to address a number of public and developer concerns, including clustering open space in unified or continuous areas with the potential for protecting habitat and environmentally sensitive areas, allowing landowners to comprehensively plan for the development of entire parcels where such development may take place in phases, ensuring usable common or public open spaces as an amenity to future subdivision residents, and allowing for developers and other interested parties to work toward land conservation in priority areas while maintaining the landowners' ability to develop a parcel at a future time.
B.
Banked open space. Landowners within the Penjajawoc Marsh Overlay Zone seeking to set aside open space prior to the development or subdivision of a parcel, or at the time of subdivision approval in instances where there is remaining undeveloped acreage intended for future development, may record their open space reservation in advance in order to meet future Land Development Code open space obligations, provided that the dedication/reservation meets the following standards. An open space set-aside may be credited toward any subsequent subdivision of the parcel of land that the applicant owned and that, on the date of the application for the open space set-aside, contained the land proposed for the open-space set-aside.
C.
Planning Board review and approval required. All lands to be set aside to meet future open space requirements shall be reviewed and approved by the Planning Board. In addition, the following requirements must be met:
(1)
Any proposed dedication of land to the City of Bangor must be approved by the City Council prior to the Planning Board's final action on the application for an open space set-aside.
(2)
Conservation easements and other nonfee reservations 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)]
(3)
Open space plans shall be signed by the Planning Board and recorded in the Penobscot Registry of Deeds by the applicant.
D.
Determination of suitability. The Planning Board shall determine the suitability of land for future open space based on its ability to meet current and anticipated open space needs of the anticipated residents of developments to be constructed on the parcel and those of the City of Bangor. In addition to being consistent with the Comprehensive Plan of the City of Bangor, land banked shall meet one or more of the following conditions:
(1)
Be consistent with the open space plan of the City of Bangor.
(2)
Be recognized as a valuable wildlife habitat.
(3)
Be recognized as a sensitive environmental area.
(4)
Provide valuable scenic qualities.
(5)
Be recognized as of historic or archaeological value.
(6)
Provide significant upland areas for recreational use.
E.
Submission requirements. Applicants shall provide the Planning Board with information as deemed necessary for the Board to evaluate the condition and character of the land to be preserved, such as available data concerning:
F.
Other conditions. The following conditions also apply to open space banking:
(1)
Land outside the Penjajawoc Marsh Overlay District shall not be eligible for banking under these provisions. Landowners whose property is partially within the Overlay District may utilize these provisions.
(2)
Open space set-asides of less than three acres shall not be eligible for banking unless the banked land is part of a phased development plan where the total open space set aside and land banked equals three acres or more.
(3)
To the greatest extent possible, the proposed open space area shall be contiguous with other open spaces.
(4)
Banked open space does not alter a landowner's requirement to demonstrate that any subsequent development meets the requirements for subdivision approval. As such, banked open space must meet applicable open space requirements of § 165-128 of the Land Development Code.
(5)
Land already protected from development by local, state, or national regulation may be considered but will be viewed as less desirable than land suited for development.
(6)
Subsequent modifications of a previously set-aside open space may be requested at the point where Planning Board approval is sought for an initial subdivision, where none has been previously approved, or any modification of an existing approved subdivision. Such modifications shall only be granted by the Planning Board upon a showing by the applicant that the modification is necessary to improve the ability of the overall open space set aside to preserve or to improve the preservation of a valuable wildlife habitat or a sensitive environmental area and where other parties with standing have agreed to the proposed modification.
(7)
Should the requirements of the Land Development Code for open space increase subsequent to the time at which the set-aside is approved and prior to the time of future development, the applicant/developers shall be required to provide, from within the original source parcel, additional open space sufficient to meet the then-current open space requirement, taking into consideration the credit previously provided by any earlier open space set-asides.