In this chapter, certain terms or words shall be interpreted as follows:
The word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual.
The present tense includes the future tense.
The singular number includes the plural, and the plural includes the singular.
The word "shall" is mandatory, and the word "may" is permissive.
The word "building" includes the word "structure," and the word "dwelling" includes the word "residence."
The word "lot" includes the word "plot" or "parcel."
In the case of any difference of meaning or interpretation between the text of this chapter and any map or illustration, the text shall control.
Terms not defined shall have the customary dictionary meaning.
For the purpose of interpreting this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein:
- ACCESSORY USE OR STRUCTURE
- A use or structure on the same lot with, and of a nature customarily incidental, subordinate and related to, the principal use or structure.
- The use of land and structures for soil tillage, for the
production of crops, dairying, pasturage, agriculture, horticulture,
floriculture, raising of fur-bearing animals and animal and poultry
husbandry and accessory uses, except that agriculture does not include
the cultivation of marijuana.[Amended 12-27-2017 by Ord. No. 18-042]
- A change or rearrangement in the structural parts or in the means of egress; or an enlargement, whether by extending on a side or by increasing in height; or the moving of a structure from one location or portion of a lot to another.
- ANIMAL CLINIC
- A facility for diagnosis and treatment of animal outpatients. No boarding or hospitalization overnight shall be allowed, except in the case of emergency situations.
- ANIMAL HOSPITAL
- A facility for diagnosis and treatment of animals, outpatient and inpatient. Animals may be kept on the premises for the purpose of treatment.
- APARTMENT BUILDING
- A structure containing more than two dwelling units.
- Any person, partnership or entity having standing to apply for a review or approval required or provided under this chapter. In order to have standing under this chapter an applicant must have a legal interest in any land, parcel, site or development subject to any action by the City of Bangor under this chapter. Such interest must be either fee simple ownership, holder of a valid, enforceable contract (or option agreement) to purchase or a long-term (10 years or longer) exclusive leasehold. Applicants may designate others to represent them in any application under this chapter and will do so in writing if requested by the Code Enforcement Officer or the Planning Officer. The terms "owner," "subdivider" (in regard to subdivision applications) and "licensor" (in regard to mobile home park applications) are interchangeable with the term "applicant" unless the context clearly indicates otherwise.
- ATTACHED RESIDENTIAL
- A complex of residential structures consisting of individual self-contained dwelling units and/or accessory use structures which are joined by a common wall but which are accessible only directly from the out-of-doors and not through the interior of other joined units.
- AUTOMOBILE GRAVEYARD
- A yard, field or other area used as a place of storage for three or more unserviceable, discarded, worn-out or junked motor vehicles.
- AUTOMOTIVE USE
- Any use of a building or land for the sale, rental, service, repair or storage of motor vehicles or parts thereof.
- AUTO REPAIR SHOP
- A place where one or more of the following automotive uses and/or services may be carried out: motor vehicle painting, upholstering, major repairing, engine and/or drive train rebuilding and body repair conducted entirely within the confines of a building.
- AUXILIARY PUBLIC UTILITY STRUCTURE
- A structure, not to exceed 300 square feet in gross floor
area or 16 feet in height, operated by a public utility, including
but not limited to pumping stations, pad-mounted transformers, electronic
switching equipment and satellite dishes. Such utility structures
are to be unoccupied except for required maintenance.[Amended 1-25-2010 by Ord. No. 10-049]
- AVIATION USE
- Any use of a building or land for the sale, rental, service, repair or storage of aircraft or for the takeoff and landing of aircraft or for control and safety facilities related thereto or for providing goods or services for the primary use of aircraft passengers and personnel.
- BAR, TAVERN OR LOUNGE
- A place where food and/or liquor is sold at tables, booths
and counters; does not include establishments where alcohol service
is a secondary activity, such as a bowling alley, fitness club, or
pool hall.[Added 5-27-2009 by Ord. No. 09-143; amended 5-28-2014 by Ord. No. 14-136]
- BOARDINGHOUSE, ROOMING HOUSE or BED-AND-BREAKFAST
- A building arranged or used for lodging, with or without meals, for compensation, for more than three and not more than 30 individuals.
- A structure having a roof supported by columns and/or enclosed, exterior walls or fire walls, designed for the housing, shelter, enclosure and support of individuals, animals or property of any kind.
- BUILDING HEIGHT
- The vertical distance from the top of the highest roof beams
of a flat roof or the mean level of the highest gable or slope of
a hip roof to the average grade adjoining the building footprint prior
to construction.[Amended 7-13-2009 by Ord. No. 09-220]
- BUILDING, PRINCIPAL
- A building in which is conducted the main or principal use of the lot on which the building is located.
- BUSINESS OR PROFESSIONAL OFFICE
- Any office setting in which professional or business services
are carried on, including but not limited to finance, real estate,
accounting, data processing, legal, insurance, counseling, design,
engineering and architecture, but expressly excluding any repair services,
retail sales, chemical dependency treatment facilities, or clinics.[Amended 11-13-2002 by Ord. No. 02-367]
- All parts of the plant of the genus Cannabis whether growing
or not, the seeds thereof, the resin extracted from any part of the
plant and every compound, manufacture, salt, derivative, mixture or
preparation of the plant, its seeds or its resin including Cannabis
concentrate. "Cannabis" does not include industrial hemp, fiber produced
from the stalks, oil, cake made from the seeds of the plant, sterilized
seed of the plant that is incapable of germination or any ingredient
combined with Cannabis to prepare topical or oral administrations,
food, drink or any other product. "Cannabis" also means marijuana.[Added 12-11-2017 by Ord. No. 17-378]
- CAR WASH
- A building or portion thereof containing facilities for washing automobiles using production-line methods with a chain conveyor, blower, steam-cleaning device or other mechanical devices or providing space, water, equipment or soap for the complete or partial hand washing of automobiles, whether by the operator or customer.
- CELLULAR TELECOMMUNICATION EQUIPMENT
- Antennas, receivers or other devices that send, receive,
or process cellular telephone signals. Cellular telecommunication
equipment shall not include cellular telecommunication towers and
radio and television broadcast towers.[Added 3-24-2008 by Ord. No. 08-115]
- CELLULAR TELECOMMUNICATION TOWER
- Any structure in excess of 10 feet in height that is designed
and constructed primarily for the purpose of supporting one or more
antennas that send, receive or process cellular telephone signals,
including self-supporting lattice towers, guy towers or monopole towers.
The term includes personal communications service towers (PCS), microwave
towers, common-carrier towers, and cellular telephone towers. The
co-location of cellular telecommunication equipment on existing towers,
buildings, and other structures does not constitute a new cellular
telecommunication tower, provided the antenna(s) does not extend more
than 10 feet above the existing structure.[Added 3-24-2008 by Ord. No. 08-115]
- CHEMICAL DEPENDENCY TREATMENT FACILITY
- A state-licensed facility for the treatment of chemical dependency.[Added 11-13-2002 by Ord. No. 02-367]
- CLINIC, MEDICAL OR DENTAL
- An establishment providing outpatient examination, treatment,
or other care by a physician or dentist, excluding chemical dependency
treatment facilities.[Amended 11-13-2002 by Ord. No. 02-367]
- CLUB OR LODGE, PRIVATE
- Buildings and facilities owned and operated by a nonprofit corporation or association of persons for social or recreational purposes.
- CLUSTER SUBDIVISION
- A parceling of land in which the lots may not contain all of the yards and/or total area and/or lot width required in the zone in which they are located due to their configuration, although the resulting density of the subdivision does not exceed that implied by the zone in which it lies because of the creation of common open space or other restricted building areas.
- COMMUNITY GARDEN
- A plot of tilled soil, not accessory to another use or structure,
where one or more individuals plant and maintain flowers, vegetables,
or other plants.[Added 9-13-2010 by Ord. No. 10-292]
- COMMUNITY LIVING ARRANGEMENT
- A housing facility for eight or fewer persons with disabilities
which is approved, authorized, certified or licensed by the state
as provided for in 30-A M.R.S.A. § 4357-A, as it may be
amended.[Amended 12-27-2000 by Ord. No. 01-61]
- COMMUNITY SERVICE ORGANIZATION
- A nonprofit charitable institution, not to include social
clubs, chemical dependency treatment facilities, or clinics, the primary
function of which is serving the public health or social welfare of
the community, provided that the specific activity which characterizes
the primary use of such community service organization use shall be
similar in nature, intensity and impact to other permitted uses or,
if the community service organization is a conditional use, other
permitted or conditional uses in the zoning district in which such
use is contemplated.[Amended 2-27-1995 by Ord. No. 95-105; 11-13-2002 by Ord. No. 02-367]
- CONGREGATE HOUSING
- A multifamily dwelling consisting of private dwelling units
for functionally impaired elderly occupants who do not yet require
the constant supervision or intensive health care available at intermediate
care or skilled nursing facilities, with the following characteristics:[Amended 9-14-1998 by Ord. No. 98-339; 3-11-2019 by Ord. No. 19-104]
- A. The building must have a central dining facility or a program for delivery of meals to residents must be offered.
- B. One or more supportive services programs must be available for residents.
- C. Twenty percent of the dwelling units may be occupied by persons with disabilities who are not elderly.
- D. Spouses and partners of qualifying occupants and of residents at an attached nursing facility may also reside at the congregate housing facility.
- E. For purposes of this definition, "dwelling unit" shall be as defined elsewhere in this section, except that cooking facilities are not required in dwelling units.
- CONTRACT ZONING
- A change of zoning district designation as provided in 30-A M.R.S.A. § 4352 and § 165-7 of this chapter in which conditions may be proffered by an applicant and attached to a change in district designation by means of a contract entered into by the applicant and the City and filed in the Penobscot County Registry of Deeds. Such zoning must comply with statutory requirements for consistency with the City's Comprehensive Plan.
- CORNER LOT
- A lot at the intersection of two or more intersecting public or private ways.
- CURB LEVEL
- The elevation of the street curb, or the street grade where there is no curb, as established by the City Engineer.
- DAY-CARE CENTER, LARGE
- A regular program for the day care, for consideration, of
13 or more persons 15 years of age and younger or three or more adults
16 years of age or older.[Amended 3-13-2017 by Ord. No. 17-096]
- DAY-CARE CENTER, SMALL
- A regular program for the day care, for consideration, of
between three and 12 persons 15 years of age and younger.[Added 3-13-2017 by Ord. No. 17-096]
- A store selling foods already prepared or requiring little preparation before eating. "Delicatessen" shall not include establishments where the consumption of food on the premises is allowed, encouraged or permitted.
- DRIVE-IN BUSINESS
- An establishment whose design, method of operation or any portion of whose business includes one or more of the following characteristics:
- A. Service directly to the customer in a motor vehicle either by a carhop, a service window or by other means which eliminates the need for a customer to exit the motor vehicle.
- B. Consumption of food or beverages within a motor vehicle parked upon the premises, or at other facilities on the premises outside the building, is allowed, encouraged or permitted.
- C. Service directly to a motor vehicle, either by the customer or by an attendant, with one or more of the following: fuel, air, washing and cleaning.
- A building or portion thereof used exclusively for residential occupancy, but not including a mobile home, camper, hotel, motel, lodging house, boardinghouse, tourist home, dormitory, fraternity house, sorority house or other group quarters.
- DWELLING, ATTACHED SINGLE-FAMILY
- An independent dwelling unit connected to and sharing a common wall or portion thereof with another such unit, each unit having access to the outside.
- DWELLING, DETACHED
- One which is entirely surrounded by space unoccupied above
ground level.[Amended 9-10-2018 by Ord. No. 18-315]
- DWELLING, FOUR-FAMILY
- A detached dwelling containing four dwelling units designed for and occupied by not more than four families living independently of each other.
- DWELLING, MULTIPLE
- A residential building designed for or occupied by five or more families living independently of each other, with the number of families in a residence not exceeding the number of dwelling units provided.
- DWELLING, ONE-FAMILY
- A detached dwelling unit designed for and occupied by one family unit only.
- DWELLING, THREE-FAMILY
- A detached dwelling containing three dwelling units designed for and occupied by not more than three families living independently of each other.
- DWELLING, TWO-FAMILY
- A detached dwelling containing two dwelling units designed for and occupied by not more than two families living independently of each other.
- DWELLING UNIT
- One or more rooms physically arranged, designed and occupied as independent living quarters for one family only and containing separate sleeping, cooking and bathroom facilities.
- EMERGENCY SHELTER
- A facility operated by a not-for-profit corporation or public
agency providing temporary overnight shelter to homeless individuals,
which provides shelter to no more than 70 individuals per night.[Added 5-13-2013 by Ord. No. 13-105]
- A place of business carrying on operations which are physically separate and distinct from those of any other place located on the same lot.
- A. One or more persons related by blood, adoption or marriage living and cooking together as a single housekeeping unit, exclusive of household servants.
- B. A number of persons, but not exceeding five, living and cooking together as a single housekeeping unit though not related by blood, adoption or marriage shall be deemed to constitute a family, provided that the dwelling unit contains at least 150 square feet of usable floor area for each person.
- FIREARMS RANGE
- An area or structure designed for the discharge and use of
firearms. A firearms range shall not include a "target shooting area"
as defined elsewhere in this section that is accessory to a dwelling.[Added 4-23-2019 by Ord. No. 19-138]
- FITNESS CENTER
- A commercial enterprise in an enclosed building intended
for use as a gymnasium or physical training facility. A fitness center
may provide health and wellness consultation as an accessory use.[Added 3-26-2012 by Ord. No. 12-096]
- FLOOR AREA
- For determining floor area ratio, the sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls or from the center line of walls separating two buildings. The floor area of a building shall include elevator shafts and stair wells at each floor, floor space used for mechanical equipment (except equipment, open or enclosed, located on the roof), penthouses, attic space having headroom of seven feet 10 inches or more, interior balconies and mezzanines, enclosed porches and floor area devoted to accessory uses. However, any space devoted to off-street parking or loading shall not be included in floor area, nor shall below-grade, unfinished basement floor area be included in floor area. The floor area of structures devoted to bulk storage of materials, including but not limited to grain elevators and petroleum storage tanks, shall be determined on the basis of height in feet. Ten feet in height shall equal one floor, but fractions of 10 feet shall not be counted.
- FLOOR AREA RATIO
- The floor area of a building on a lot divided by the horizontal area of the lot.
- FREESTANDING SIGN
- A sign supported by itself, by one or more uprights, poles,
braces or wheels in or upon the ground or by a structure other than
a building.[Amended 10-24-1994 by Ord. No. 94-439]
- GAMING FACILITY
- A facility within which legalized gambling is conducted.[Added 11-22-2004 by Ord. No. 05-08]
- GASOLINE SERVICE STATION
- A building(s) or land which is primarily intended for the sale of motor vehicle fuel and/or lubricating accessories and which may or may not also include facilities for minor repair, lubricating, washing or minor servicing of motor vehicles, not including automotive sales, storage of vehicles not in operating condition or major mechanical or body work, such as motor repair or adjustment involving removal of the head or crankcase, straightening of body parts, painting or welding. A gasoline service station is not an auto repair shop nor a retail auto service.
- As established by the City Engineer, or the mean elevation of the ground adjoining a building on all sides, or such ground brought to elevations shown on approved plans or designs.
- GROSS FLOOR AREA
- The total floor area of a structure with no exclusions for usable space, such as closets, hallways, staircases, etc., but excluding below-grade, unfinished basement floor area not used as part of the primary or accessory use activity.
- GROUND FLOOR AREA
- The square-foot area of a building within its largest outside
dimensions, exclusive of open porches, patios, terraces, and exterior
stairways.[Amended 9-10-2018 by Ord. No. 18-315]
- HOME OCCUPATION OR PROFESSION
- An accessory use, generally of a service character, customarily conducted within a dwelling by the residents thereof which is clearly secondary to the use of the dwelling for living purposes and does not change the character thereof or have any exterior evidence of such secondary use, other than a nameplate, and in connection therewith there is not involved the keeping of any stock-in-trade, as further described in Article IV of this chapter. A retail marijuana establishment may not be a home occupation.[Amended 1-11-1993 by Ord. No. 93-59; 12-11-2017 by Ord. No. 17-378]
- HOTEL or INN
- A commercial building arranged or used for sheltering, sleeping
or feeding, for compensation, primarily transient individuals, with
rooms accessible from an interior hallway, and which may provide additional
services, such as meeting rooms and recreational facilities.[Amended 9-9-2002 by Ord. No. 02-321]
- IMPERVIOUS SURFACE
- As defined by Chapter 268, § 268-14, of this Code.[Added 9-10-2018 by Ord. No. 18-315]
- INFORMATION PROCESSING AND COMMUNICATIONS FACILITIES
- A call center, telemarketing facility, data center, or similar
use providing for processing of telephone calls, computer data, or
other information.[Added 10-12-2016 by Ord. No. 16-364]
- INTERMODAL FACILITY, FREIGHT
- An industrial use facilitating the movement of goods and
products by constructing and maintaining buildings and equipment to
link various shipping modes, including, but not limited to rail, roadway,
air, and waterborne transport.[Added 6-26-2006 by Ord. No. 06-227]
- INTERMODAL FACILITY, PASSENGER
- A facility providing shelter, ticketing, parking and other
amenities to the traveling public through the integration of automobile,
bus, rail, waterway and other modes of transportation. Passenger intermodal
facilities do not include hotels and motels, fueling or servicing
of vehicles unless otherwise provided for in the district where they
are located.[Added 6-26-2006 by Ord. No. 06-227]
- A yard, field or other area used as a place of storage for:
- An establishment for the keeping, breeding or boarding of more than three dogs and/or cats which are more than six months old.
- LANDING AREA
- A locality, either on land or water, including airports and intermediate fields, which is used or intended to be used for the landing and takeoff of aircraft, whether or not facilities are provided for the shelter, servicing or repair of aircraft or for receiving or discharging passengers or cargo.
- LANDSCAPING SERVICES
- On-site and off-site business activities related to planting,
bed preparation, installation of landscape materials, and attendant
maintenance activities. A small landscaping services business may
have no more than four employees, including the owner, while a large
landscaping services business may have any number of employees. Landscaping
includes:[Added 12-14-2015 by Ord. No. 16-013]
- A. Raising, planting, and caring for plants, shrubs, and trees;
- B. Mowing, irrigation, raking, rolling and reseeding of lawns;
- C. The application of fertilizers, pesticides, herbicides, and disease control agents;
- D. Construction and maintenance of landscaping features, such as flower beds, patios, fountains, and decorative pools; and
- E. Snow removal.
- A parcel of land of at least sufficient size to meet the minimum zoning requirements for use, coverage and area within one district classification and to provide such yards and other open space as are herein required. Such lot shall have frontage on an improved public street or an approved private street approved by the Planning Board under the provisions of Article XVI of this chapter and may consist of:
- A. A single lot of record.
- B. A portion of a lot of record.
- C. A combination of complete lots of record and portions of lots of record or of portions of lots of record.
- D. A parcel of land described by metes and bounds, provided that in no case of division or combination shall any residue lot or parcel be created which does not meet the requirements of this chapter.
- LOT AREA
- The total area included within the property lines bounding a lot, generally the length of a lot multiplied by the width of the lot.
- LOT COVERAGE
- The maximum combined ground floor area of all principal and
accessory buildings on a lot divided by the area of such lot, the
result expressed as a percentile.[Amended 9-10-2018 by Ord. No. 18-315]
- LOT DEPTH
- The mean horizontal distance between the front and rear lot lines, measured within the lot boundaries.
- LOT LINE
- A line dividing one lot from another or from a street or any public place.
- LOT OF RECORD
- Any parcel of land held under separate and distinct ownership from adjacent lots as of the effective date of this chapter and being described on an approved subdivision plan on record in the Penobscot County Registry of Deeds or described by metes and bounds and recorded in the Penobscot County Registry of Deeds.
- LOT WIDTH
- The distance between the side lot lines of a lot, measured along the district front yard line as established by this chapter, or, if no front yard setback line is established, the distance between the side lot lines measured along the street right-of-way line.
- MAJOR ARTERIAL STREET
- Generally, a highway of regional significance with average annual daily traffic in excess of 10,000 vehicles and containing more than two lanes in at least some sections. Specifically, the following streets are to be considered major arterial streets in Bangor: Broadway, Hammond Street, Hogan Road, Main Street, Odlin Road, State Street, Stillwater Avenue and Union Street.
- MANUFACTURED HOUSING
- A structural unit or units designed for occupancy and constructed in a manufacturing facility and then transported, by the use of its own chassis or placement on an independent chassis, to a building site as provided in 30-A M.R.S.A. § 4358.
- A. For the purpose of this chapter, the term "manufactured housing" shall include the following: units constructed after June 15, 1976, commonly called "newer mobile homes," which the manufacturer certifies are constructed in compliance with the United States Department of Housing and Urban Development standards, meaning structures, transportable in one or more sections, which, in the traveling mode, are 14 body feet or more in width and are 750 or more square feet and which are built on a permanent chassis and designed to be used as dwellings, with or without permanent foundations, when connected to the required utilities, including the plumbing, heating, air-conditioning and electrical systems contained therein, except that the term shall include any structure which meets all the requirements of this subsection, except the size requirements, and with respect to which the manufacturer voluntarily files a certification required by the Secretary of the United States Department of Housing and Urban Development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. § 5401 et seq.
- B. In order for the above-described units to qualify as manufactured housing under this chapter, such units shall also:
- C. Be not less than 14 feet in width.
- D. Contain not less than 750 square feet of living area.
- E. Have a pitched, shingled roof with a minimum pitch of two inches rise (vertical) to 12 inches of run (horizontal).
- F. Have exterior siding that is residential in appearance, such as brick or masonry veneers, stucco or exterior plaster, wood siding, wood shingles, aluminum or vinyl siding simulating a clapboard pattern or hardboard siding.
- G. Have a permanent foundation which complies with the requirements of the BOCA Basic/National Building Code, as adopted by Chapter 81, Building Code, of the Code of the City of Bangor, and any amendments, replacements or substitutions thereof.
- H. Be anchored to the permanent foundation in accordance with the requirements of the above-referenced Building Code, and any amendments, replacements or substitutions thereof.[Amended 9-14-1998 by Ord. No. 98-339]
- MARIJUANA CULTIVATION FACILITY
- A medical marijuana cultivation facility or retail marijuana
cultivation facility.[Added 9-10-2018 by Ord. No. 18-337]
- MARIJUANA MANUFACTURING FACILITY
- A medical marijuana manufacturing facility or retail marijuana
products manufacturing facility.[Added 9-10-2018 by Ord. No. 18-337]
- MARIJUANA STORE
- A medical marijuana caregiver store, medical marijuana dispensary,
or retail marijuana store.[Added 9-10-2018 by Ord. No. 18-337]
- MARIJUANA TESTING FACILITY
- A medical marijuana testing facility or retail marijuana
testing facility.[Added 9-10-2018 by Ord. No. 18-337]
- MEDICAL MARIJUANA CAREGIVER STORE
- A facility at which medical marijuana is sold by one or more persons meeting the definition of "registered primary caregiver" or "registered caregiver" as defined in 22 M.R.S. § 2422. A registered caregiver may alternatively sell marijuana in accordance with the home occupation provisions of Article IV of this chapter.[Added 9-10-2018 by Ord. No. 18-337]
- MEDICAL MARIJUANA CULTIVATION FACILITY
- A facility or location at which medical marijuana is cultivated,
either:[Added 9-10-2018 by Ord. No. 18-337]
- A. Pursuant to 22 M.R.S.A. § 2428. The location is considered to be, and must abide by all ordinance provisions regarding a medical marijuana cultivation facility, whether it is at the same location as its associated medical marijuana dispensary or at a different location. A medical marijuana cultivation facility is not considered an accessory use within the meaning of this chapter; or
- B. By one or more persons meeting the definition of "registered primary caregiver" or "registered caregiver" as defined in 22 M.R.S.A. § 2422. A registered caregiver may alternatively cultivate marijuana in accordance with the home occupation provisions of Article IV of this chapter.
- MEDICAL MARIJUANA DISPENSARY
- A registered dispensary as defined by 22 M.R.S.A. § 2422.
No application for certificate of occupancy shall be approved for
a medical marijuana dispensary unless it has been issued a valid registration
certificate by the state pursuant to 22 M.R.S.A. § 2428(2)
and meets all other state and local laws and regulations.[Added 9-10-2018 by Ord. No. 18-337]
- MEDICAL MARIJUANA MANUFACTURING FACILITY
- A laboratory meeting the definition of "manufacturing facility"
as defined in 22 M.R.S. § 2422.[Added 9-10-2018 by Ord. No. 18-337]
- MEDICAL MARIJUANA TESTING FACILITY
- A marijuana testing facility as defined in 22 M.R.S. § 2422.[Added 9-10-2018 by Ord. No. 18-337]
- MOBILE HOME
- A vehicular portable structure built on a chassis of which wheels are an intrinsic part and are designed to remain so, and said structure is used without a permanent foundation as a dwelling for one or more persons and is provided with a toilet and bathtub or shower. Such a structure body must be 10 feet or more in width and 40 feet or more in length.
- MOBILE HOME LOT
- That area of a mobile home park that provides facilities for long-term occupancy of a mobile home and is designed for the exclusive use of its occupants.
- MOBILE HOME PARK
- A parcel of land planned and improved for the placement of two or more mobile homes for nontransient use as licensed under the provisions of this chapter.
- MOBILE HOME STAND
- That part of an individual mobile home lot which has been constructed and reserved for the placement of a mobile home.
- MODULAR HOME
- Units commonly called "modular homes" which the manufacturer certifies are constructed in compliance with the State of Maine Manufactured Housing Act, 10 M.R.S.A. § 9001 et seq., as may be amended, and regulations promulgated thereunder, meaning structures, transportable in one or more sections, which are not constructed on a permanent chassis and are designed to be used as dwellings on foundations when connected to required utilities, including the plumbing, heating, air-conditioning or electrical systems contained therein.
- A hotel primarily for transients traveling by automobile,
with a parking space on the lot for each lodging unit, arid with access
to each such unit directly from the outside.[Added 9-9-2002 by Ord. No. 02-321]
- MULTIPLE-UNIT HOUSING
- A building which is designed to house two or more families.
- MUNICIPAL USE
- Any use of a building or land by the municipal government, authority, district or quasi-municipal corporation of the City of Bangor in serving or promoting the general welfare of the public.
- Any of the following which lawfully existed before this chapter was enacted or amended but which now fails to conform to the provisions of this chapter is termed a nonconformity:
- A. Any use of a building or structure which is not a permitted or conditional use in the district in which it is located.
- B. Any use of land where no building or structures or only accessory buildings or structures exist which is not a permitted or conditional use in the district in which it is located.
- C. Any lot which fails to meet minimum standards of the district in which it is located.
- D. Any site development, including building or structures, which fails to meet the requirements of the district in which located.
- NURSING HOME
- A facility which is operated in connection with a hospital, or in which nursing care and medical services are prescribed by or performed under the general direction of persons licensed to practice medicine or surgery in the state, for the accommodation of convalescent or other persons who are not acutely ill and not in need of hospital care but who do require skilled nursing care and related medical services. The term "nursing home" shall be restricted to those facilities, the purpose of which is to provide skilled nursing care and related medical services for a period of not less than 24 hours per day to individuals admitted because of illness, disease or physical or mental infirmity and which provide a community service.
- OPEN PORCH
- An unheated, open-air deck or stoop attached to a building
which may only be enclosed by a roof and railings not exceeding 42
inches in height above the floor. Open porches may not be enclosed
by screens or windows.[Added 3-13-2017 by Ord. No. 17-082]
- OPEN SPACE
- An unoccupied space open to the sky, exclusive of parking
areas, driveways, patios, and walks.[Amended 9-10-2018 by Ord. No. 18-315]
- OPEN SPACE PARCEL
- A lot or parcel of land, or portion thereof, not eligible
for development because of a conservation easement, deed restriction,
or other instrument which ensures the land's protected state in perpetuity,
that is solely intended for the preservation of open space, protection
of sensitive habitats, or other conservation goals. This lot or parcel
may be, but is not required to be, identified on an approved subdivision
plan.[Added 8-11-2008 by Ord. No. 08-250; amended 9-8-2008 by Ord. No. 08-286]
- OUTDOOR DISPLAY
- Any outdoor display of goods, materials, merchandise or other stock-in-trade intended for sale, exchange or advertising purposes.
- OUTDOOR STORAGE
- Any outdoor storage of goods, materials or merchandise used in an industrial process or as stock-in-trade, including storage under a roof if the sides of the building are open permitting such goods, materials or merchandise to be seen from the street or adjacent properties.
- An area set apart for recreation of the public, to promote its health and enjoyment.
- PARKING AREA or PARKING LOT
- Any area for the off-street parking or storage of three or more vehicles in the open air, including access drives and vehicle maneuvering areas.
- PARKING SPACE
- An area, enclosed in the main building or in an accessory building or unenclosed, exclusive of driveways and maneuvering space, permanently reserved for the temporary storage of one automobile and connected with a street or alley by a driveway which affords satisfactory ingress and egress for automobiles.
- PARKING STRUCTURE
- A building or portion thereof designed or used for storage of motor-driven vehicles.
- PERSONAL SERVICES ESTABLISHMENT
- An establishment providing personal, nonmedical services
to individuals, such as beauty parlors, barbers, tanning salons, nail
salons, or similar services, which customarily operates on the basis
of scheduled appointments.[Added 5-8-2017 by Ord. No. 17-146]
- PLACE OF WORSHIP
- A building, together with its accessory structures and uses, where persons regularly assemble for religious worship and which building, together with its accessory structures and uses, is maintained and controlled by a religious body organized to sustain public worship.
- PLANNED DEVELOPMENT
- A tract of land which contains or will contain two or more principal buildings, developed under single ownership or control, the development of which is unique and of a substantially different character than that of the surrounding area. A planned development may allow for flexibility not available under normal zoning district requirements.
- PLANNING BOARD
- The Bangor Planning Board as provided for in Chapter 23, Article II of the Code of the City of Bangor.
- POUND or ANIMAL SHELTER
- A public enclosure for stray or unlicensed animals. See also Chapter 65, Animals, Article I, Dog Control, § 65-2.
- PUBLIC UTILITY AND PUBLIC SERVICE USE
- The public utilities, including but not limited to water
lines, sewer lines, stormwater lines and related structures, electrical
power, cable, gas and other overhead and underground lines, excluding
radio and television broadcast towers and cellular telecommunication
towers.[Added 3-24-2008 by Ord. No. 08-115]
- PUBLIC WAY
- A public street, alley or other thoroughfare or easement permanently established for passage of persons or vehicles.
- A track at which live horse races are conducted.[Added 11-22-2004 by Ord. No. 05-08]
- RADIO AND TELEVISION BROADCAST TOWER
- A structure in excess of 35 feet tall, whether on the ground
or on a building or structure that is designed and/or intended to
broadcast radio, television or microwaves, to include cellular telecommunication
towers. This definition does not include any structure erected solely
for a residential, noncommercial individual use, such as television
antennas, satellite dishes or amateur radio antennas, nor does it
include public safety communications towers.[Added 3-24-2008 by Ord. No. 08-115]
- RECREATIONAL USE
- Any use of a building or land for active or passive recreation,
entertainment or amusement purposes, whether or not such facility,
operation or use is public or private, profit or nonprofit in nature,
to include a fitness center or, where authorized by the State of Maine
and the City of Bangor, a gaming facility.[Amended 12-12-2005 by Ord. No. 06-23; 3-26-2012 by Ord. No. 12-096]
- A place regularly used for the purpose of providing food
for the public, and which has adequate and sanitary kitchen equipment
and capacity for preparing and serving suitable food for the public.[Added 5-28-2014 by Ord. No. 14-136]
- RETAIL AUTO SERVICE
- A place where one or more of the following automotive uses may be carried out: sales and/or installation of motor vehicle parts and accessories (including but not limited to mufflers, tires, shock absorbers and batteries), auto glass replacement, car wash and rustproofing of motor vehicles. A retail auto service shall not include activities carried out in automobile repair shops, nor shall it include retail sale of auto parts from a premises wherein no installation of auto parts or repairs and/or service to motor vehicles is carried on.
- RETAIL MARIJUANA
- Cannabis that is cultivated, manufactured, distributed or
sold by a licensed retail marijuana establishment or retail marijuana
social club.[Added 12-11-2017 by Ord. No. 17-378]
- RETAIL MARIJUANA CULTIVATION FACILITY
- An entity licensed to cultivate, prepare and package retail
marijuana and sell retail marijuana to retail marijuana establishments
and retail marijuana social clubs.[Added 12-11-2017 by Ord. No. 17-378]
- RETAIL MARIJUANA ESTABLISHMENT
- A retail marijuana cultivation facility, retail marijuana
processing facility, retail marijuana products manufacturing facility,
retail marijuana store, or retail marijuana testing facility.[Added 12-11-2017 by Ord. No. 17-378; amended 3-12-2018 by Ord. No. 18-107; 4-23-2018 by Ord. No. 18-151]
- RETAIL MARIJUANA PROCESSING FACILITY
- A facility at which, for a fee, cannabis is processed for
use. For purposes of this definition, retail marijuana processing
facilities do not include retail marijuana cultivation facilities,
retail marijuana products manufacturing facilities, retail marijuana
stores, or retail marijuana testing facilities; all of which are separately
defined in this section. Retail marijuana processing facilities also
do not include facilities where marijuana is processed solely as allowed
under the Maine Medical Use of Marijuana Act.[Added 4-23-2018 by Ord. No. 18-151]
- RETAIL MARIJUANA PRODUCT
- Concentrated retail marijuana and retail marijuana products
that are composed of retail marijuana and other ingredients and are
intended for use or consumption, including, but not limited to, edible
products, ointments and tinctures.[Added 12-11-2017 by Ord. No. 17-378]
- RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY
- An entity licensed to purchase retail marijuana; manufacture,
prepare and package retail marijuana products; and sell retail marijuana
and retail marijuana products only to other retail marijuana products
manufacturing facilities, retail marijuana stores and retail marijuana
social clubs.[Added 12-11-2017 by Ord. No. 17-378]
- RETAIL MARIJUANA SOCIAL CLUB
- An entity licensed to sell retail marijuana and retail marijuana
products to consumers for consumption on the licensed premises.[Added 12-11-2017 by Ord. No. 17-380]
- RETAIL MARIJUANA STORE
- An entity licensed to purchase retail marijuana from a retail
marijuana cultivation facility and to purchase retail marijuana products
from a retail marijuana products manufacturing facility and to sell
retail marijuana and retail marijuana products to consumers.[Added 12-11-2017 by Ord. No. 17-378]
- RETAIL MARIJUANA TESTING FACILITY
- An entity licensed and certified to analyze and certify the
safety and potency of retail marijuana and retail marijuana products.[Added 12-11-2017 by Ord. No. 17-378]
- RETAIL OR SERVICE BUSINESS
- Any business or establishment engaged in the sale of goods
or services to the general public, including eating and drinking establishments.
A service business shall include any establishment engaged in the
fields of finance, insurance or real estate and any establishment
providing professional, personal or business services or nonvehicular
repair services. A service business does not include a chemical dependency
treatment facility, clinic, a gasoline service station or motor garage,
a hotel, motel, rooming house, boardinghouse or tourist home or a
manufacturing use.[Amended 11-13-2002 by Ord. No. 02-367; 5-27-2009 by Ord. No. 09-143]
- SECURE LEVEL IV RESIDENTIAL CARE FACILITY
- A secure or locked Level IV residential care facility, as defined in 10-144 C.M.R. Chapter 113, Regulations Governing the Licensing and Functioning of Assisted Housing Programs: Level IV Residential Care Facilities, § 2.49, owned or operated by or on behalf of the state. Such facilities may include secure facilities for individuals who have been found not criminally responsible for a crime by reason of mental illness, or other residential facilities where residents may not freely come and leave of their own volition.[Added 12-11-2017 by Ord. No. 18-031]
- SELF-STORAGE FACILITY
- Fully enclosed buildings with individually secured units,
accessed with or without supervision, used for the exclusive purpose
of storage of nonhazardous business and personal materials. Individual
units in a self-storage facility may be housed inside a climate-controlled
building or in an unheated structure accessed directly from the outdoors,
or both.[Added 3-11-2019 by Ord. No. 19-105]
- The required minimum distance between a lot line and the
point of any structure, excluding uncovered steps, but including landings,
porches or other structures attached to said steps nearest to such
lot line on the same lot, which defines the appropriate yard. The
term "setback" further excludes ramps designed for providing access
to a building by persons with a disability under the following conditions:[Amended 11-14-1994 by Ord. No. 94-456]
- A. The ramp is being added or attached to an existing building;
- B. The ramp is being added or attached for the purpose of complying with applicable federal or state laws regarding accessibility to buildings by persons with disabilities;
- C. The ramp cannot be reasonably added or attached to any other location on the building where required setbacks could be met, taking into account, among other things, the intended use and interior layout of the building; and
- D. The ramp and any unenclosed steps, landings or other level surfaces incorporated into its design and attachment to the building may not be constructed or designed to be part of or attached to any other new structure, of whatever kind, which would violate the setback requirement.
- SIDE YARD
- See "yard, side."
- SINGLE-FAMILY RESIDENTIAL PURPOSE
- A house, house trailer or mobile home designed to house a single family, and shall include those dwellings which are used seasonally as well as those used permanently.
- SITE DEVELOPMENT REQUIREMENTS
- The requirements which control the size and the placement of a building or structure or other site improvements on a parcel of land.
- SMALL WIND ENERGY SYSTEM
- A wind energy conversion system consisting of a wind turbine,
a tower, and associated control or conversion electronics, which has
a rated capacity of not more than 100 kW and which is intended to
primarily reduce on-site consumption of utility power.[Added 10-23-2006 by Ord. No. 06-339]
- SOCIAL CLUB
- A voluntary or corporate nonprofit association of a social, fraternal, educational, recreational or charitable nature, having members paying annual dues, and which owns, hires or leases a building, land or portions thereof, the use of such premises being restricted to members and their guests.
- STAFF COORDINATOR
- The Director of Community and Economic Development or his
or her designee.[Added 1-9-2017 by Ord. No. 17-055]
- That part of a building comprised between a floor and the floor or roof next above.
- STORY, HALF
- That portion of a building between the eaves and the ridge line of pitched roofs.
- STREET LOT LINE or RIGHT-OF-WAY LINE
- The lot line dividing a lot from a street or other public space.
- Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground, including but not limited to mobile homes, buildings, walls, billboards, signs, piers and floats, but excluding fences and retaining walls.
- STRUCTURE, ACCESSORY
- A structure customarily and clearly incidental and subordinate to the principal structure and located on the same lot with the principal structure.
- STRUCTURE, PRINCIPAL
- A structure in which or by means of which is conducted the main or principal use of the lot on which the structure is located.
- TARGET SHOOTING AREA
- An area for the discharge and use of firearms that is accessory
to a dwelling and meets the following criteria:[Added 4-23-2019 by Ord. No. 19-138]
- A. No more than three people unrelated by blood or marriage to the owner or tenant of the property on which the target shooting area is located shall be present in the target shooting area at one time.
- B. Target shooting by more than three people in the course of a day shall not happen more than once per month.
- C. Target shooting shall not occur between 6:00 p.m. and 10:00 a.m.
- D. Target shooting shall not happen more than once per day and shall not last for more than two hours at a time.
- E. No money or thing of value shall exchange hands for target shooting or related purposes.
- F. The requirements imposed by § 113-2 of the Code of the City of Bangor must be met.
- TOURIST CABIN
- A building or group of buildings which contains living or sleeping accommodations used primarily for transient occupancy for compensation.
- TRANSITIONAL HOUSING
- Housing that is provided short-term (24 months or less) for
various individuals where occupancy is anticipated for the duration
of a month or more in association with a program of supportive services
for the residents.[Added 5-13-2013 by Ord. No. 13-105]
- TRAVEL TRAILER
- A vehicle designed to be moved on wheels and intended as a temporary dwelling for travel, recreation and vacation use. This term shall also include a camper, camper-trailer and all other similar short-term shelter devices.
- The purpose or activity for which a building, a structure or a piece of land is occupied or maintained as it is enumerated in the various districts.
- USE, ACCESSORY
- A use customarily incidental and subordinate to the principal use of a building, structure or lot and located on the same lot with the principal use.
- USE, CONDITIONAL
- A use which may be permitted in a district through the granting of approval by the Planning Board upon finding by the Board that it meets the specified conditions for the use enumerated in this chapter.
- USE, PERMITTED
- A use which may be lawfully established in a particular district, provided that it conforms to all the requirements and regulations of such district and this chapter.
- WIND TURBINE TOWER HEIGHT
- The height above grade of the fixed portion of the tower,
excluding the wind turbine itself.[Added 10-23-2006 by Ord. No. 06-339]
- An open, unoccupied space on the same lot with a building or accessory building extending along the entire length of the nearest lot line. Such yard is unoccupied and unobstructed from the ground upward, except as may be specifically provided in this chapter.
- YARD, FRONT
- A space extending the full width of the lot between any building and the front lot line and measured perpendicular to the building at the closest point to the front lot line. Such front yard is unoccupied and unobstructed from the ground upward, except as may be permitted elsewhere in this chapter. Any lot fronting on two or more streets must have a front yard on any and all such streets.
- YARD, REAR
- A space extending across the full width of the lot between the principal building and the rear lot line and measured perpendicular to the building to the closest point of the rear lot line. Such rear yard is unoccupied and unobstructed from the ground upward, except as may be permitted elsewhere in this chapter.
- YARD, SIDE
- A space extending from the front yard to the rear yard between the principal building and the side lot line measured perpendicular from the side lot line to the closest point of the principal building. Such side yard is unoccupied and unobstructed from the ground upward, except as may be permitted elsewhere in this chapter.
- YARD, TRANSITIONAL
- A yard that must be provided on a lot where a more intensive
land use is located adjacent to either an existing or planned use
of a less intensive nature, in accordance with specific chapter provisions.
A transitional yard is provided along the rear or side yard specified
for the district in which it is located.[Amended 4-9-2007 by Ord. No. 07-97]
Editor’s Note: The former definition of "eating and drinking establishment," added 5-27-2009 by Ord. No. 09-143 and which immediately followed this definition, was repealed 5-28-2014 by Ord. No. 14-136.
Editor’s Note: The former definition of "group day-care or nursery school," which immediately followed this definition, was repealed 3-13-2017 by Ord. No. 17-096.
Editor’s Note: The former definition of "home baby-sitting service," which immediately followed this definition, was repealed 3-13-2017 by Ord. No. 17-096.
Editor's Note: The definition of "nightclub, dance hall or disco," as amended, which immediately followed this definition, was repealed 5-27-2009 by Ord. No. 09-143.
Editor's Note: The definition of "professional person," which followed this definition, was repealed 11-13-2002 by Ord. No. 02-367.
The definition of "primary caregiver cultivation facility," which followed this definition, as added 12-27-2017 by Ord. No. 18-042, was repealed 15 .
Editor's Note: The definitions of "registered cultivation facility" and "registered dispensary," which immediately followed this definition, as added 10-13-2010 by Ord. No. 10-336, were repealed 9-10-2018 by Ord. No. 18-337.
Editor's Note: The former definitions of "temporary sales of food or merchandise," which immediately followed this definition, was repealed 9-13-2010 by Ord. No. 10-292. See now § 165-31A.
Editor's Note: The former definition of "usable open space," which immediately followed this definition, was repealed 9-10-2018 by Ord. No. 18-315.