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.
L.
To authorize
hosted and non-hosted short-term rentals in certain districts in order
to encourage the proliferation of orderly and well-regulated short-term
rentals, particularly within walking distance of the City's downtown
area, to supplement but not supplant existing and permitted commercial
lodging establishments such as hotels and motels; ensure the safety
of the occupants of short-term rentals; and minimize the adverse impacts,
including nuisance impacts, of short-term rental uses on surrounding
neighborhoods.
[Added 10-23-2023 by Ord. No. 23-308]
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; 12-28-2020 by Ord. No. 21-030]
(1)
Preapplication
meeting.
(a)
All applicants for a map amendment are required to attend a preapplication
meeting.
(b)
A preapplication meeting is for review of the district maps, comparison
of the proposed amendment to the Comprehensive Plan, and any other
pertinent information affecting the proposed map amendment.
(c)
Planning staff shall schedule and document the meeting.
(d)
The Planning Officer may, at their sole discretion, waive the requirement
for a preapplication meeting for good cause shown.
(2)
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.
(3)
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:
(2)
Said notice shall be posted in City Hall at least 13 days prior to
the public hearing and shall be published twice in a daily newspaper
of general circulation in the City of Bangor. The first publishing
date shall be at least 12 days in advance of said hearing and the
second one at least seven days. For map amendments, said notice shall
also be sent by United States Mail to all persons initiating the proposed
amendment and to all persons owning abutting property and/or within
100 feet of the exterior boundaries of the real estate to be affected
by said proposed change. Notice of any proposed map amendment being
processed under the contract zoning provisions of this chapter shall
also comply with the requirements of 30-A M.R.S.A. § 4352,
or successor statutes, as the same may from time to time be amended.
For purposes of the notice required hereunder for map amendments,
the owners of property shall be considered to be those against whom
taxes were assessed on the prior April 1. Failure of any person owning
property within said 100 feet to receive notices provided herein shall
not necessitate another hearing nor invalidate any action by the Planning
Board or the City Council.
[Amended 12-28-2020 by Ord. No. 21-030]
(3)
Text amendments shall also comply with the applicable provisions
of 30-A M.R.S.A. § 4352.
[Added 12-28-2020 by Ord.
No. 21-030]
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]
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, as amended, 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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.
(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 physical
development pattern of the immediate area as to architectural style,
building bulk and extent, and intensity of site use. As to architectural
style, the applicant must show that the proposed structure conforms
to the exterior facade, rooflines, shape, and materials used on buildings
in the immediate area. As to building bulk, the applicant shall cause
their proposed building to conform to the height and the existing
ratio of land area to building area for other properties in the immediate
area. For purposes of this chapter, the term "immediate area" shall
include all properties located within the same block and within 500
feet of the site of the proposed use.
[Amended 6-27-2022 by Ord. No. 22-214]
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 Officer, City Engineer, and other staff as appropriate shall
examine the application for technical compliance with the terms of
this chapter. If the application complies, the Planning Officer shall
place the application on the agenda of the Planning Board at its next
regularly scheduled meeting which allows for the necessary notices
to be given as outlined below.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(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 the public hearing and shall give notice to all
property owners within 500 feet of the exterior boundaries of the
property involved, at least 10 days prior, of the time and place of
the hearing and shall place a public notice of the hearing, at least
10 days prior, in a newspaper of general circulation in the City of
Bangor. The owners of the property shall be considered to be those
against whom taxes were assessed on April 1 prior to the application.
Failure of any person owning property within 500 feet of said property
to receive notice of public hearing shall not necessitate another
hearing nor invalidate any action by the Planning Board.
[Amended 6-27-2022 by Ord. No. 22-214]
(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:
(2)
Minor revisions. Notwithstanding § 165-9C(1), the following changes may be requested as minor revisions pursuant to § 165-116:
(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 certificate
of occupancy in accordance with the decision of the Planning Board,
unless such project fails to meet the requirements of another City
ordinance.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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, they shall notify, in writing, the person
responsible for such violation, indicating the nature of the violation
and ordering the action necessary to correct it. They 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.
Their decision shall be in writing on a form designed for such purpose
and shall be communicated directly to the applicant. In cases where
it is concluded that a conditional use approval is required, the Code
Enforcement Officer shall also provide a copy of their decision to
the Planning Division and the Planning Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(3)
No building permit for a building or structure on
any lot shall be issued except to the owner of record thereof, or
their authorized agent, and no construction or alteration shall commence
until the proposed construction or alteration of a building or structure
shall comply in all respects with the provisions of this chapter or
with a decision rendered thereunder by the Board of Appeals or the
Planning Board. Any application for such a permit shall be accompanied
by a plan, accurately drawn to scale, showing the actual shape and
dimensions of the lot to be built upon, the exact location and size
of all buildings or structures already on the lot and the location
of new buildings to be constructed, the number and arrangement of
off-street parking spaces, together with the lines within which all
buildings and structures are to be constructed, the existing and intended
uses of each building or structure and such other information as may
be deemed necessary to provide for the proper execution and enforcement
of this chapter. A plan need not be submitted for accessory structures
and minor additions to existing buildings unless deemed necessary
by the Code Enforcement Officer.
(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 they determine that the erection
or alteration has been constructed in accordance with this chapter
and the Building Code of the City of Bangor.[1]
(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.
G.
As-built plans.
[Added 1-9-2017 by Ord.
No. 17-055[3]]
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. The Board of Appeals shall 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(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)
The Board of Appeals shall hear and decide upon appeal
requests for variance in specific cases where a relaxation of the
setback requirements of this chapter would not be contrary to the
public interests and where, owing to conditions peculiar to the property,
a literal enforcement of this chapter would result in practical difficulty.
Such practical difficulty variances may only be granted to properties
situated in the URD-1, URD-2 and M & SD Zones to replace legally
nonconforming structures, provided that there is no additional encroachment
into the required minimum yards. Before the Board may exercise its
discretion and grant a variance upon the grounds of practical difficulty,
the record must show that:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(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 disability under 5 M.R.S.A. § 4553-A, and the
term "structures necessary for access to or egress from the dwelling"
is defined to include railing, wall or roof systems necessary for
the safety or effectiveness of the structure.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(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, 42 U.S.C. § 3601 et seq.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(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]
