City of Bangor, ME
Penobscot County
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Table of Contents
Table of Contents
This chapter is adopted in accordance with the Charter of the City of Bangor and provisions of Titles 1, 6, 12, 30-A and 38 of the Maine Revised Statutes Annotated, as amended, and the Comprehensive Plan of the City of Bangor as adopted on June 11, 1990, for the following purposes:
A. 
To protect the public safety, convenience, comfort, aesthetics, prosperity and general welfare of the inhabitants of the City of Bangor.
B. 
To promote the character and maintain the stability of the several herein-described districts that comprise the City of Bangor and to promote the orderly and beneficial development of such areas by regulating and restricting the location and intensity of use of buildings, structures and land pursuant to and consistent with the Comprehensive Plan for the City of Bangor, as may be amended from time to time.
C. 
To conserve and enhance the taxable value of land and buildings by protecting the several herein-described districts comprising the City of Bangor from harmful encroachments by incompatible uses and by providing for the elimination of those uses of land, buildings and structures which adversely affect the character, development and value of property.
D. 
To avoid undue concentration of population, prevent the overcrowding of land and lessen congestion in the public streets.
E. 
To provide adequate light, air, privacy and convenience of access to property.
F. 
To cope with needs for adequate transportation, water, sewerage, schools, parks and other public requirements.
G. 
To encourage safety from fire, explosion, noxious fumes and other such hazards and to segregate and control nuisance-producing uses.
H. 
To further the maintenance of safe and healthful conditions; to prevent and control water pollution; to protect fish spawning grounds, aquatic life and bird and other wildlife habitat; to protect buildings and lands from flooding and accelerated erosion; to protect archaeological and historic resources; to protect commercial fishing and maritime industries; to protect freshwater and coastal wetlands; to conserve shore cover and visual as well as actual points of access to inland and coastal waters; to conserve natural beauty and open space; and to anticipate and respond to the impacts of development in shoreland areas.
I. 
To establish districts of such number, area and designation as are deemed best suited to carry out the purpose of this chapter and the Comprehensive Plan.
J. 
To provide minimum standards for the subdivision and development of land and the necessary standards and procedures for the review of land development activities within the City.
K. 
To define the powers and duties of the administrative officers and bodies, as provided hereinafter.
This chapter shall be known and cited as the "Land Development Code of the City of Bangor" and will be referred to herein as "this chapter."
The Comprehensive Plan of the City of Bangor, as adopted on June 11, 1990, and as may be amended by the City Council, is and shall be the Comprehensive Plan for the purposes of this chapter and as required in 30-A M.R.S.A. § 4352, Subsection 2, as may be amended.
A. 
Chapter VIII of the Laws and Ordinances of the City of Bangor of September 24, 1974, as amended; Chapter XI of the Laws and Ordinances of the City of Bangor of September 13, 1971, as amended; and Chapter XII of the Laws and Ordinances of the City of Bangor of February 19, 1959, as amended, all formerly existing, are hereby repealed, except that they shall remain in full force and effect for the trial and punishment of all past violations of them and for recovery of penalties and forfeitures already incurred.
B. 
This chapter shall not interfere with, abrogate, annul or repeal any ordinance other than Chapter VIII, Chapter XI and Chapter XII of the Laws and Ordinances of the City of Bangor, as amended, formerly existing, or any rule, regulation or permit previously or hereafter enacted, adopted or issued pursuant to law.
A. 
Each building, structure or land area in the City of Bangor shall conform to the use restrictions, use and lotting standards, site development requirements and all other applicable provisions of this chapter which govern the district in which it is located, except as provided in Article III, Nonconformities, below.
B. 
The provisions of this chapter shall not be construed to repeal, abrogate, annul or in any manner impair or interfere with the provisions of other laws or ordinances, except those specifically repealed by this chapter, or to impair the provisions of private restrictions placed upon property by covenant, deed or other private agreement, or with restrictive covenants running with the land to which the City is a party. Where this chapter imposes a greater restriction upon land, buildings or structures than is imposed or required by any such provision of law, ordinance, contract or deed, the provisions of this chapter shall prevail. Where provisions of this chapter conflict with other provisions of this chapter, the more restrictive regulatory provision shall prevail.
[Amended 12-27-2000 by Ord. No. 01-62]
This chapter may be amended in accordance with the laws of the State of Maine and the Charter and ordinances of the City of Bangor and in accordance with the following requirements and procedures:
A. 
Initiating an amendment.
[Amended 1-9-2017 by Ord. No. 17-055]
(1) 
Map amendment (zoning change). An amendment to the district designation established pursuant to this chapter shall be initiated by the completion and filing of a form for such purpose with the Planning Division, City Hall, Bangor, Maine, together with an application processing fee in such an amount as may be established from time to time by the City Council by Council order. The format and number of copies of the form submitted shall be as set by the Staff Coordinator. The application processing fee is in addition to any advertising fee which may also be established by the City Council. If the applicant voluntarily proffers, in writing, reasonable conditions or restrictions under contract zoning, a list of all such proposed conditions or restrictions shall be included with the application form. Any applicant for such change in district designation must have standing as an applicant under the provisions of this chapter for the area subject to such change request.
(2) 
Text amendment (amendment to the Land Development Code). Amendments to this chapter shall be initiated by request of the Planning Board, the City Council or the City Manager.
B. 
Processing. After an amendment has been initiated, the Planning Officer shall place the request on the agenda of the next regular meeting of the City Council, allowing a minimum of three days for preparation of all necessary documents prior to the closing of any Council agenda. At the same time the Planning Officer shall take all action necessary to schedule a public hearing to be conducted by the Planning Board on the requested amendment. Pending receipt of a report of the Planning Board's recommendations, the City Council shall take no further action on the proposed amendment.
[Amended 1-9-2017 by Ord. No. 17-055]
C. 
Public hearing. The Planning Board shall hold a public hearing within 60 days of receipt of such application by the Planning Officer. Prior to said public hearing and in accordance with the requirements of this chapter and the laws of the State of Maine, the Planning Board shall give proper notice of said hearing.
[Amended 1-9-2017 by Ord. No. 17-055]
(1) 
Said notice shall include, but not be limited to, the following information:
(a) 
Date, time and place of said hearing.
(b) 
For map amendments, a summary or map of the proposed amendment, and a list of all proposed conditions or restrictions.
(c) 
For text amendments, a list of all additions and deletions to the Land Development Code.
(2) 
Said notice shall be posted in City Hall at least 14 days prior to the public hearing and shall be published at least 10 days in advance of said hearing in a daily newspaper of general circulation in the City of Bangor. For map amendments, said notice shall also be sent by United States Mail to all persons initiating the proposed amendment and to all persons owning abutting property and/or within 100 feet of the exterior boundaries of the real estate to be affected by said proposed change. Notice of any proposed map amendment being processed under the contract zoning provisions of this chapter shall also comply with the requirements of 30-A M.R.S.A. § 4352, or successor statutes, as the same may from time to time be amended. For purposes of the notice required hereunder for map amendments, the owners of property shall be considered to be those against whom taxes were assessed on the prior April 1. Failure of any person owning property within said 100 feet to receive notices provided herein shall not necessitate another hearing nor invalidate any action by the Planning Board or the City Council.
D. 
Planning Board action. The Planning Board shall make its recommendations to the City Council in writing within 30 days of any public hearing conducted pursuant to this chapter; provided, however, that to constitute Planning Board approval, a proposed amendment must receive a majority of affirmative votes of the Planning Board members in attendance when the amendment is considered. Said thirty-day period may be extended for an additional 30 days by vote of the Board. Failure of the Board to issue its recommendations within said thirty-day period, or extension thereof, shall constitute Board approval of the proposed amendment.
[Amended 2-11-2008 by Ord. No. 08-070]
E. 
City Council action. After receipt of the Planning Board's recommendations, as provided above, the City Council shall consider and take all appropriate action on said proposed amendment in accordance with the requirements of the Bangor City Charter, the Council's rules of procedure adopted pursuant thereto and the laws of the State of Maine, provided that a proposed amendment which has been disapproved by the Planning Board may be enacted only by a two-thirds vote of the City Council.
In accordance with 30-A M.R.S.A. § 4352, property in the City of Bangor may be rezoned by means of a process known as "contract zoning."
A. 
Purpose. It is the general purpose of this section to provide a mechanism whereby specific conditions may be added to the granting of a change in zoning in order to mitigate potential adverse affects upon adjacent properties and the community. It is the intent of this provision that such changes in zoning be granted only if the application of the zoning to the property in question meets the same standards of consistency with the City's Comprehensive Plan as any other zone change enacted under the provisions of this chapter. The provisions of this section shall not exempt the use or development of any property from other minimum standards or requirements otherwise provided in this chapter or as otherwise provided by law.
B. 
Mandatory conditions. Any zone change adopted pursuant to this section shall:
(1) 
Be consistent with the Comprehensive Plan of the City of Bangor, as amended.
(2) 
Be consistent with the existing uses in the area and permitted uses within the original zoning district.
(3) 
Only include those conditions and restrictions which relate to the physical development or operation of the property and not to its land use.
(4) 
Be subject to an agreement by authorized representatives of both the property owner and the City providing for the implementation and enforcement of all terms and conditions imposed and agreed to by the parties pursuant to this section.
C. 
Discretionary conditions. Any zone change adopted pursuant to this section may include reasonable conditions or restrictions relating to one or more of the following:
(1) 
Limitations on the intensity and extent of the uses permitted in the district on the subject property.
(2) 
Limitations on the height, floor area and lot coverage of any structure or structures built on the property.
(3) 
Increased setbacks and minimum yard dimensions for any structure or structures built on the property.
(4) 
The installation, operation and maintenance of physical improvements for the convenience of the general public, including but not limited to off-street parking lots, traffic control devices, fencing, plantings and landscaping.
(5) 
The creation, operation and maintenance of open space areas or buffer zones.
(6) 
The dedication or conveyance of property for public purposes, including but not limited to streets, scenic and conservation easements, parks and utility systems.
D. 
Procedure. All proposed amendments to this chapter being considered under this section shall be processed in accordance with this section and 30-A M.R.S.A. § 4352, or successor statutes, as may from time to time be amended. If at all possible, the processing of the application under both procedures shall be accomplished concurrently.
[Amended 8-10-1992 by Ord. No. 92-343; 11-22-2004 by Ord. No. 05-08]
A. 
Districts.
(1) 
For the purposes of this chapter, the City of Bangor is hereby divided into 21 districts to be designated as follows:
[Amended 6-26-2006 by Ord. No. 06-223; 4-11-2011 by Ord. No. 11-100]
(a) 
Urban Residence 1 District (URD-1).
(b) 
Urban Residence 2 District (URD-2).
(c) 
Multifamily and Service District (M & SD).
(d) 
Neighborhood Service District (NSD).
(e) 
Urban Service District (USD).
(f) 
Downtown Development District (DDD).
(g) 
Waterfront Development District (WDD).
(h) 
Bass Park District (BPD).
(i) 
Airport Development District (ADD).
(j) 
Urban Industry District (UID).
(k) 
Government and Institutional Service District (G & ISD).
(l) 
Low-Density Residential District (LDR).
(m) 
High-Density Residential District (HDR).
(n) 
Shopping and Personal Service District (S & PS).
(o) 
General Commercial and Service District (GC & S).
(p) 
Industry and Service District (I & S).
(q) 
Rural Residence and Agricultural District (RR & A).
(r) 
Resource Protection District (RP).
(s) 
Park and Open Space District (P & O).
(t) 
Stream Protection District (SPD).
(u) 
Technology and Service District (T & S).
(2) 
For the purposes of this chapter, the City of Bangor Zoning Map may include Overlay Districts that provide additional development regulations in addition to the underlying zoning designation. The Overlay Districts shall be designated as follows:
[Added 4-24-2006 by Ord. No. 06-139]
(a) 
Penjajawoc Marsh Overlay Zone.
(b) 
Shoreland Zoning Overlay (Article VII).
B. 
Establishment of district boundaries and Zoning Map. For the purposes of this chapter, the boundaries of all districts in the City of Bangor are hereby established as shown on the Zoning Map of the City of Bangor, dated October 28, 1991, consisting originally of 146 pages of tax maps with district boundaries prepared and maintained by the Planning Division of the City of Bangor, appended hereto and made a part hereof. Said map shall be referred to and be designated as the "Zoning Map of the City of Bangor." Said Zoning Map, together with all notations, references and other explanatory matter thereon, shall be deemed to accompany, be and is hereby declared to be a part of this chapter.
C. 
Interpretation of district boundary lines. Where uncertainty exists with respect to the location of any district boundary lines of any of the aforesaid districts shown on said Zoning Map, the following rules shall apply:
(1) 
Boundaries indicated as approximately following the center lines of streets, highways or alleys shall be construed to follow such center lines.
(2) 
Boundaries indicated as approximately following well-established lot lines shall be construed as following such lot lines.
(3) 
Boundaries indicated as approximately following municipal limits shall be construed as following municipal limits.
(4) 
Boundaries indicated as following shorelines shall be construed to follow such shorelines and in the event of natural change in the shoreline shall be construed as moving with the actual shoreline. Boundaries indicated as approximately following the center line of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such center lines.
(5) 
Boundaries indicated as being parallel to or an extension of features indicated in Subsection C(1) through (4) above shall be so construed. Distances not specifically indicated on the Zoning Map shall be determined by the scale of the map.
(6) 
Where physical or cultural features existing on the ground are at variance with those shown on the Zoning Map or in other circumstances not covered by Subsection C(1) through (5) above, the Planning Board shall interpret the district boundaries.
(7) 
Where parcels under the ownership of one entity are divided by zoning district boundaries in such a manner as to apparently bisect principal use structures, the use provisions of the less restrictive district shall apply to the whole structure.
D. 
Location of documents. This chapter, together with all maps attached hereto, shall be located in the City Clerk's office and shall be the final authority as to the current status of the land and water areas, buildings and other structures in the City. The maps or amendments thereto shall be signed and attested to by the City Clerk.
E. 
Replacement of Zoning Map. In the event that the entire Zoning Map, or any page or pages thereof, becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions to either the map or the district boundaries, the City Council may, by Council order, adopt a new Zoning Map or any number of new pages thereof which shall supersede the prior map. The new map may correct drafting or other errors or omissions in the prior map, but no such corrections shall have the effect of amending the original Zoning Map or any subsequent amendments thereof. (The Zoning Map shall only be amended in accordance with § 165-6 of this chapter). The new map shall be attested to by the City Clerk.
The Planning Board is hereby authorized to grant conditional uses hereinafter set forth in this chapter in specific cases, after public notice and hearing, subject to appropriate conditions and safeguards. No conditional uses shall be granted unless specific provisions therefor are made in this chapter. All conditional uses shall be subject to land development permit approval as provided for in Article XVI.
A. 
Standards for conditional uses. Before the Planning Board shall grant a conditional use, it shall have determined that:
(1) 
The development standards and use conditions of the district in which the property in question is located have been complied with. Conditional uses which also require a variance of development or other standards shall not be granted.
(2) 
The proposed use will not create unreasonable traffic congestion or hazardous conditions on contiguous or adjacent streets.
(3) 
The proper operation of the conditional use will be ensured by providing and maintaining adequate and appropriate utilities, fire protection, drainage, parking and loading and other necessary site improvements.
(4) 
The proposed use, although not appropriate for every site in the zone, is appropriate for the location for which it is sought because the proposed use will conform to the general character of the development in the immediate area as to architectural style, building bulk and extent and intensity of site use. As to architectural style, the applicant must show that the proposed structure conforms to the exterior facade, rooflines, shape and materials used on buildings in the immediate area. As to building bulk, the applicant shall cause his/her proposed building to conform to the height and existing ratio of land area to building area for other properties in the immediate area. For purposes of this chapter, the term "immediate area" shall include all properties located within the same block and within 500 feet of the site of the proposed use.
B. 
Procedure.
[Amended 2-11-2008 by Ord. No. 08-070; 1-9-2017 by Ord. No. 17-055]
(1) 
An application for a conditional use shall be filed with the Staff Coordinator. The format and number of copies of the application submitted shall be as set by the Staff Coordinator. The applicant shall also pay an application processing fee in such an amount as may be established from time to time by the City Council by Council order. This application processing fee is in addition to any advertising fee which may also be established by the City Council. The Code Enforcement Officer, Planning Director, City Engineer, and other staff as appropriate shall examine the application for technical compliance with the terms of this chapter. If the application complies, the Planning Officer shall place the application on the agenda of the Planning Board at its next regularly scheduled meeting which allows for the necessary notices to be given as outlined below.
(2) 
An application for conditional use must include a site plan and elevation drawings in sufficient detail to illustrate the feasibility of meeting all standards and site development features pertinent to review of the application. The Planning Division may request such additional information as it deems necessary in reviewing such an application.
(3) 
Upon a finding of technical compliance by staff, the Planning Officer shall set a date for public hearing and shall give notice to all property owners within 100 feet of the exterior boundaries of the property involved, at least 10 days prior, of the time and place of the hearing and shall place a public notice of the hearing, at least 10 days prior, in a newspaper of general circulation in the City of Bangor. The owners of the property shall be considered to be those against whom taxes were assessed on April 1 prior to the application. Failure of any person owning property within 100 feet of said property to receive notice of public hearing shall not necessitate another hearing nor invalidate any action by the Planning Board.
(4) 
At the hearing, any person may be represented by an attorney or other representative. The hearing shall not be continued to another time except for good cause, and, if so requested by the applicant, all advertising costs shall be borne by the applicant.
(5) 
Within 20 days after the public hearing, the Planning Board shall vote to deny, approve, conditionally approve or approve with modifications the requested conditional use; provided, however, that no conditional use shall be approved unless it receives a majority of affirmative votes of the Planning Board members (i.e., four votes). The Board shall then inform the applicant, the Staff Coordinator and the Code Enforcement Officer of its decision in writing.
C. 
Changes to Conditional Uses.[1]
[Added 6-8-2015 by Ord. No. 15-191]
(1) 
No change shall be made to a property approved for a conditional use that would cause the property to fail to comply with the details of the Board's approval under the standards of § 165-9A, unless approved by the Planning Board through a review of the changed conditional use.
(a) 
Building details. Changes to building elevations which impact the elements reviewed and approved by the Board may only be approved by the Planning Board. Changes to architectural details not within the scope of § 165-9A(4) do not require Planning Board approval.
(b) 
Traffic analysis. Changes to trip generation or peak hour of generation do not require Planning Board approval if the following standards are met as determined by the Code Enforcement Officer in consultation with the City Engineer:
[1] 
The number of trips during the peak hour does not increase.
[2] 
The peak hour does not change to a different hour.
[3] 
The peak hour does not change from a weekday to a weekend day, or vice versa.
(2) 
Minor revisions. Notwithstanding § 165-9C(1), the following changes may be requested as minor revisions pursuant to § 165-116:
(a) 
Changes to site plan elements not within the purview of § 165-9A if such changes would otherwise qualify as minor revisions.
(b) 
Traffic analysis. Changes to trip generation if the following standards are met:
[1] 
The number of trips during the peak hour does not increase by more than 50 trips from the most current approval.
[2] 
The peak hour does not change to a different hour.
[3] 
The peak hour does not change from a weekday to a weekend day, or vice versa.
(3) 
Conditional uses which are discontinued for more than 12 consecutive months are deemed abandoned.
[1]
Editor's Note: Former Subsection C, Appeal, was repealed 12-27-2000 by Ord. No. 01-63.
D. 
Land development permit approval.
(1) 
No conditional use shall be finally approved by the Planning Board unless and until an application and plan thereof have been submitted to and approved by the Planning Board in accordance with Article XVI of this chapter. The applicant for a conditional use may submit an application and plan with or subsequent to the application for conditional use approval. The Planning Board may approve a conditional use upon the condition that the applicant receive a land development permit.
(2) 
Upon failure to obtain land development permit approval within 60 days of conditional approval of a conditional use, such conditional approval shall expire and the conditional use shall be deemed to be denied; provided, however, that a majority of the Planning Board may vote, for good cause shown, to extend the conditional approval to a date certain by which time the applicant must receive land development permit approval.
E. 
Notification of Code Enforcement Officer. Upon notification of the final decision of the Planning Board, the Code Enforcement Officer shall immediately issue or deny a building permit or occupancy permit in accordance with the decision of the Planning Board, unless such project fails to meet the requirements of another City ordinance.
F. 
Expiration of final approval. Conditional use approval secured under the provisions of this chapter shall expire if the use, work or change approved is not commenced within one year of the date on which such conditional use is finally approved by the Planning Board or if the work or change proposed is not substantially completed within two years of the date on which such conditional use is finally approved, unless the land development permit completion date shall have been extended in accordance with the provisions of Article XVI, § 165-113.
[Amended 9-14-1998 by Ord. No. 98-339]
The administration and enforcement of this chapter shall be the responsibility of the Code Enforcement Officer.
A. 
Code Enforcement Officer. It shall be the duty of the Code Enforcement Officer to enforce the provisions of this chapter. If the Code Enforcement Officer shall find that any provision of this chapter is being violated, he/she shall notify, in writing, the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. He/she shall order discontinuance of illegal use of land, buildings or structures or removal of illegal buildings, structures, additions or work being done or shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.
B. 
Permit required. No building or structure shall be erected, added to or structurally altered until a permit therefor has been issued by the Code Enforcement Officer. All applications for such permits shall be in accordance with the requirements of this chapter.
(1) 
All applications for building permits shall be submitted, in writing, to the Code Enforcement Officer on forms provided for that purpose.
(2) 
Within 10 days of the filing of an application for a building permit, the Code Enforcement Officer shall approve, deny or refer to the Planning Board for approval all such applications. His/her decision shall be in writing on a form designed for such purpose and shall be communicated directly to the applicant. In cases where it is concluded that a conditional use approval is required, the Code Enforcement Officer shall also provide a copy of his/her decision to the Planning Office and the Planning Board.
(3) 
No building permit for a building or structure on any lot shall be issued except to the owner of record thereof, or his/her authorized agent, and no construction or alteration shall commence until the proposed construction or alteration of a building or structure shall comply in all respects with the provisions of this chapter or with a decision rendered thereunder by the Board of Appeals or the Planning Board. Any application for such a permit shall be accompanied by a plan, accurately drawn to scale, showing the actual shape and dimensions of the lot to be built upon, the exact location and size of all buildings or structures already on the lot and the location of new buildings to be constructed, the number and arrangement of off-street parking spaces, together with the lines within which all buildings and structures are to be constructed, the existing and intended uses of each building or structure and such other information as may be deemed necessary to provide for the proper execution and enforcement of this chapter. A plan need not be submitted for accessory structures and minor additions to existing buildings unless deemed necessary by the Code Enforcement Officer.
(4) 
Applications for building permits with their accompanying plans and copies of permits issued shall be maintained as a permanent record by the Code Enforcement Officer.
C. 
Certification of occupancy. No land shall be occupied or used and no building hereafter erected, altered or extended shall be used or changed in use until a certificate of occupancy shall have been issued by the Code Enforcement Officer stating that the building or the proposed use thereof complies with the provisions of this chapter, except as provided for under the issuance of a temporary certificate of occupancy as in Article XVI, § 165-113G of this chapter.
[Amended 1-9-2017 by Ord. No. 17-055]
(1) 
No nonconforming use shall be maintained, renewed, changed or extended without a certificate of occupancy having first been issued by the Code Enforcement Officer pursuant to the provisions of this chapter.
(2) 
All certificates of occupancy shall be applied for coincident with the application for a building permit. Upon project completion, such certificate shall be issued within 10 days by the Code Enforcement Officer, provided that he/she determines that the erection or alteration has been constructed in accordance with this chapter and the Building Code of the City of Bangor.[1]
[1]
Editor's Note: See Ch. 81, Building Code.
(3) 
The Code Enforcement Officer shall maintain a record of all certificates of occupancy, and copies shall be furnished, upon request, to any person having a proprietary or tenancy interest in the building affected.
D. 
Fees. Fees for a building permit shall be charged in accordance with the Building Code of the City of Bangor and the Schedule of Fees adopted pursuant to Chapter 109 of this Code of Ordinances.
[Amended 1-9-2017 by Ord. No. 17-055]
E. 
Land development permit for site developments. No person shall engage in the development of any land area within the City of Bangor for purposes of subdivision, as defined in 30-A M.R.S.A. § 4401, as amended; mobile home park development, as defined in this chapter; site development, as defined in this chapter; grading and filling, as defined in Article VI of this chapter; or any other activity requiring approval under this chapter without obtaining a building permit or land development permit, or both, if necessary, from the Code Enforcement Officer, after meeting the requirements of this chapter for such issuance.
F. 
Digital plans. Any digital plans required under this Code must be submitted in accordance with the following.
[Added 1-9-2017 by Ord. No. 17-055[2]]
(1) 
Standards for digital plans and the method of their submission shall be as required by policy approved by the City Engineer.
(2) 
If an applicant is unable or unwilling to provide digital plans, the applicant may instead provide the City with hard copies of the plans, along with a fee for City staff to scan the plans. Said fee shall be as laid out in the Schedule of Fees adopted pursuant to Chapter 109.
[2]
Editor's Note: This ordinance also repealed former Subsection F, Shade Trees, as amended 1-8-1996 by Ord. No. 96-52. See now Ch. 234, Public Property, § 234-4.
G. 
As-built plans.
[Added 1-9-2017 by Ord. No. 17-055[3]]
(1) 
As-built plans must include all elements and features shown on the final approved subdivision plan, site plan, or other plan. As-built plans must be drawn to scale.
(2) 
Additional standards for digital as-built plans shall be as required by policy approved by the City Engineer.
[3]
Editor's Note: This ordinance also redesignated former Subsections G and H as Subsections H and I, respectively.
H. 
Legal action and violations. When any violation of any provision of this chapter shall be found to exist, the City Solicitor, upon notice from the Code Enforcement Officer, or the Code Enforcement Officer, if certified, is hereby authorized and directed to institute any and all actions and proceedings, either in law or in equity, that may be appropriate or necessary to obtain compliance with the provisions of this chapter in the name of the City of Bangor.
I. 
Penalties. Penalties for violations of this chapter shall be imposed in accordance with 30-A M.R.S.A. § 4452. Each day such a violation is permitted to exist, after notification by the Code Enforcement Officer, shall constitute a separate offense.
[Amended 5-12-1997 by Ord. No. 97-197; 9-14-1998 by Ord. No. 98-339; 8-24-1998 by Ord. No. 98-321]
A. 
Administrative appeals. Administrative appeals alleging there is an error in any order, requirement, decision or determination made by the Code Enforcement Officer in the enforcement of this chapter shall be made to the Board of Appeals, as established by Chapter 23, Article I, of the Code of the City of Bangor. The action of the Code Enforcement Officer may be modified or reversed by the Board of Appeals, by concurring vote of at least four members of the Board.
B. 
Variance appeals. To hear and decide upon appeal requests for variance in specific cases where a relaxation of the terms of this chapter would not be contrary to the public interests and where, owing to conditions peculiar to the property, a literal enforcement of this chapter would result in unnecessary hardship. A financial hardship alone shall not constitute grounds for granting a variance. A variance shall not be granted which permits the establishment of a use in any district which is not specifically allowed under the use provisions of Article XIII, XIV or XV of this chapter.
(1) 
Before the Board may exercise its discretion and grant a variance upon the grounds of unnecessary hardship, the record must show that:
(a) 
The land in question cannot yield a reasonable return unless a variance is granted;
(b) 
The plight of the owner is due to unique circumstances of the property and not to the general conditions of the neighborhood;
(c) 
The granting of the variance will not alter the essential character of the locality; and
(d) 
The hardship is not the result of action taken by the applicant or a prior owner.
(2) 
The Board of Appeals shall grant a variance only by concurring vote of at least four members and, in so doing, may prescribe any conditions and safeguards as are appropriate for carrying out the intent and purpose of this chapter. The Board shall not hear within any twelve-month period more than one variance application requesting the same relief.
(3) 
No variance granted under this subsection is valid until a certificate detailing the contents of the variance has been recorded in the Penobscot Registry of Deeds in accordance with the requirements of 30-A M.R.S.A. § 4353.
C. 
Practical difficulty appeal.
(1) 
To hear and decide upon appeal requests for variance in specific cases where a relaxation of the setback requirements of this chapter would not be contrary to the public interests and where, owing to conditions peculiar to the property, a literal enforcement of this chapter would result in practical difficulty. Such practical difficulty variances may only be granted to properties situated in the URD-1, URD-2 and M&SD Zones to replace legally nonconforming structures, provided that there is no additional encroachment into the required minimum yards. Before the Board may exercise its discretion and grant a variance upon the grounds of practical difficulty, the record must show that:
(a) 
The need for the variance is due to the unique circumstances of the property and not to the general condition of the neighborhood;
(b) 
The granting of a variance will not produce an undesirable change in the character of the neighborhood and will not unreasonably detrimentally affect the use or market value of abutting properties;
(c) 
The practical difficulty is not the result of action taken by the petitioner or a prior owner;
(d) 
No other feasible alternative to a variance is available to the petitioner;
(e) 
The granting of a variance will not unreasonably adversely affect the natural environment; and
(f) 
The property is not located in whole or in part within shoreland areas.
(2) 
No variance granted under this subsection is valid until a certificate detailing the contents of the variance has been recorded in the Penobscot Registry of Deeds in accordance with the requirements of 30-A M.R.S.A. § 4353.
D. 
Disability variance.
[Amended 12-27-2000 by Ord. No. 01-63]
(1) 
The Board may grant a variance to an owner of a dwelling for the purpose of making that dwelling accessible to a person with a disability who resides in or regularly uses the dwelling. The Board shall restrict any variance granted under this subsection solely to the installation of equipment or the construction of structures necessary for access to or egress from the dwelling by the person with the disability. The Board may impose conditions on the variance, including limiting the variance to the duration of the disability or to the time that the person with the disability lives in the dwelling. For the purpose of this subsection, a disability has the same meaning as a physical or mental handicap under Title 5, § 4553, and the term "structures necessary for access to or egress from the dwelling" is defined to include railing, wall or roof systems necessary for the safety or effectiveness of the structure.
(2) 
No variance granted under this subsection is valid until a certificate detailing the contents of the variance has been recorded in the Penobscot Registry of Deeds in accordance with the requirements of 30-A M.R.S.A. § 4353.
E. 
Fair Housing Act reasonable accommodation. The Board shall grant a waiver from the strict application of the terms of this chapter as a reasonable accommodation to any person or group who qualifies as "handicapped," as defined by the Fair Housing Act, where an accommodation is necessary to afford such person or group equal opportunity to use and enjoy a dwelling in conformity with the requirements of the Federal Fair Housing Act, as amended, 43 U.S.C. § 3601 et seq.
(1) 
A "reasonable accommodation" is a change in some rule that is generally applicable so as to make its burden less onerous on the handicapped individual.
(2) 
An accommodation is not reasonable if it would require a fundamental alteration in the nature of zoning or it would impose undue financial or administrative burdens on the City of Bangor.
F. 
Appeals to Superior Court. A party may appeal any final action of the Planning Board to Superior Court in accordance with Rule 80B of the Maine Rules of Civil Procedure.
[Added 12-27-2000 by Ord. No. 01-63; amended 9-23-2002 by Ord. No. 02-342]