[Added 9-11-2023 by Ord. No. 23-258]
[Amended 4-13-2026 by Ord. No. 26-118]
This article provides for a density bonus and reduced height and oarking restrictions for the creation of affordable dwelling units in certain zoning districts per Title 30-A Section 4364 in the State of Maine statutes.[1]
[1]
Editor's Note: See 30-A M.R.S.A. § 4364.
[1]
Editor's Note: Former § 165-142, Definitions, adopted 9-11-2023 by Ord. No. 23-258, was repealed 4-13-2026 by Ord. No. 26-118.
[Amended 4-13-2026 by Ord. No. 26-118]
A. 
Density bonus. A residential or mixed-use development shall be allowed a maximum dwelling unit density of up to 2.5 times the base density (as defined in § 165-13) permissible in the underlying zoning district if the project meets the following eligibility criteria:
(1) 
Affordability. The development is an affordable housing development as defined in § 165-13.
(2) 
Located in a growth area or served by water and sewer. The lot is inside the Growth Boundary defined in the City's most recently adopted Comprehensive Plan, or the lot is served by both a public, special district, or centrally managed water system and public, special district, or comparable sewer system.
(3) 
Adequate utility capacity. The owner or developer provides written verification that each unit of the housing development is proposed to be connected to adequate water and wastewater services prior to certification of the development for occupancy in accordance with the following:
(a) 
If a housing unit is connected to a public, special district or other comparable sewer system, written verification includes proof of adequate service to support any additional flow created by the unit and proof of payment for the connection to the sewer system.
(b) 
If a housing unit is connected to a septic system, written verification includes proof of adequate sewage disposal for subsurface wastewater. The septic system must be verified as adequate by a local plumbing inspector pursuant to 30-A M.R.S.A. § 4221. Plans for a subsurface wastewater disposal must be prepared by a licensed site evaluator in accordance with 10-144 CMR Ch. 241, Subsurface Wastewater Disposal Rules.
(c) 
If a housing unit is connected to a public, special district or other centrally managed water system, written verification includes proof of adequate service to support any additional flow created by the unit, proof of payment for the connection and the volume and supply of water required for the unit.
(d) 
If a housing unit is connected to a well, written verification includes proof of access to potable water, including the standards outlined in 01-672 CMR Ch. 10, § 10.25(J), Land Use Districts and Standards. Any test of an existing well or proposed well must indicate that the water supply is potable and acceptable for domestic use.
(4) 
Zoning. The lot is located in the URD-2, M&SD, NSD, USD, HDR, S&PS, or GC&S zoning districts.
(5) 
Minimum lot sizing for septic. The subject property complies with minimum lot size requirements in accordance with 12 M.R.S.A. § 423-A, as amended, if subsurface wastewater disposal is proposed.
B. 
Nonconforming situations. The density bonus may not be applied to nonconforming lots.
C. 
Fractional density. If a fractional results when calculating the density bonus, the number of units shall be rounded down to the nearest whole number.
D. 
Long-term affordability covenant. Prior to granting a certificate of occupancy for any dwelling unit in the project, or in a phase of the project, the applicant shall:
(1) 
Execute an affordable housing agreement, in such form as shall be approved by the City Solicitor, containing a restrictive covenant relating to the affordability of the dwelling unit, enforceable by a party acceptable to the City, and record the affordable housing agreement in the Penobscot County Registry of Deeds. The affordable housing agreement shall require that for at least 30 years after the issuance of the certificate of occupancy for a dwelling unit in the project:
(a) 
For rental housing, occupancy of all the dwelling units designated affordable in the development to qualify for the density bonus, or an equivalent number of affordable dwelling units in the project when specific locations for the affordable units are not specified, will remain limited to households at or below 80% of the local area median income (i.e., within the area represented by the "Bangor, ME HUD Metro Fair Market Rent Area" as defined by the U.S. Housing Act of 1937, as amended) from the time of initial occupancy; and
(b) 
For owned housing, occupancy of all the dwelling units designated affordable in the development to qualify for the density bonus will remain limited to households at or below 120% of the local area median income (i.e., within the area represented by the "Bangor, ME HUD Metro Fair Market Rent Area" as defined by the U.S. Housing Act of 1937, as amended) from the time of initial occupancy.
(2) 
For phased projects, the City may issue certificates of occupancy for dwelling units in a phase of a project only if a sufficient number of affordable dwelling units, subject to an affordable housing agreement consistent with Subsection D(1) above, are included in the phase so that more than 1/2 of the total number of dwelling units that will be approved for occupancy, as evidenced by certificates of occupancy, at the end of the phase constitute affordable dwelling units.
E. 
Site plan and subdivision review required. All projects creating three or more dwelling units are subject to site plan review per § 165-111 and subdivision review per Title 12 Section 682 in the State of Maine statutes.[1]
[1]
Editor's Note: See 12 M.R.S.A. § 682.
F. 
Additional height allowance. Except as otherwise prohibited under 38 M.R.S.A. Chapter 3 and Chapter 165, Article VII, of the City's Code (Shoreland Zoning), and subject to building permit review and consultation with a municipal fire official or designee regarding the ability to serve with a fire apparatus, an affordable housing development is permitted to exceed the maximum height restriction by no less than one story or 14 feet.
G. 
Reduced parking minimum. An affordable housing development is allowed to use a reduced off-street parking minimum of two spaces for every three dwelling units.