A.
In this chapter, certain terms or words shall be interpreted
as follows:
(1)
The word "person" includes a firm, association, organization,
partnership, trust, company or corporation as well as an individual.
(2)
The present tense includes the future tense.
(3)
The singular number includes the plural, and the plural
includes the singular.
(4)
The word "shall" is mandatory, and the word "may"
is permissive.
(5)
The word "building" includes the word "structure,"
and the word "dwelling" includes the word "residence."
(6)
The word "lot" includes the word "plot" or "parcel."
B.
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.
C.
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:
See "structure, accessory" and "use, accessory."
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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.
A facility for diagnosis and treatment of animal outpatients.
No boarding or hospitalization overnight shall be allowed, except
in the case of emergency situations.
A facility for diagnosis and treatment of animals, outpatient
and inpatient. Animals may be kept on the premises for the purpose
of treatment.
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.
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.
A yard, field or other area used as a place of storage for
three or more unserviceable, discarded, worn-out or junked motor vehicles.
Any use of a building or land for the sale, rental, service,
repair or storage of motor vehicles or parts thereof.
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 drivetrain rebuilding and body repair
conducted entirely within the confines of a building.
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.
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]
A building arranged or used for lodging, with or without
meals, for compensation, for more than three and not more than 30
individuals.
[Amended 6-27-2022 by Ord. No. 22-214]
A single-family dwelling or a portion of a mixed-use building
where three or more rooms are provided for living quarters for stays
30 days or longer. Meals may or may not be provided, but there is
at least one common kitchen facility. The dwelling shall be occupied
by the owner or operator. The building may also have a common room.
[Added 6-27-2022 by Ord. No. 22-214]
A structure having a roof supported by columns and/or walls,
designed for the housing, shelter, enclosure and support of individuals,
animals or property of any kind. Where separated by walls from the
ground up without openings, each portion of such structure shall be
deemed a separate building.
[Amended 1-13-2020 by Ord. No. 20-043]
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]
A building in which is conducted the main or principal use
of the lot on which the building is located.
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]
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.
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]
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]
A state-licensed facility for the treatment of chemical dependency.
[Added 11-13-2002 by Ord. No. 02-367]
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]
Buildings and facilities owned and operated by a nonprofit
corporation or association of persons for social or recreational purposes.
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.
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]
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]
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]
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]
The building must have a central dining facility or a program
for delivery of meals to residents must be offered.
One or more supportive services programs must be available for
residents.
Twenty percent of the dwelling units may be occupied by persons
with disabilities who are not elderly.
Spouses and partners of qualifying occupants and of residents
at an attached nursing facility may also reside at the congregate
housing facility.
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.
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.
A lot at the intersection of two or more intersecting public
or private ways.
The elevation of the street curb, or the street grade where
there is no curb, as established by the City Engineer.
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]
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.
An establishment whose design, method of operation or any
portion of whose business includes one or more of the following characteristics:
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.
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.
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.
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.
One which is entirely surrounded by space unoccupied above
ground level.
[Amended 9-10-2018 by Ord. No. 18-315]
A detached dwelling containing four dwelling units designed
for and occupied by not more than four families living independently
of each other.
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.
A detached dwelling unit designed for and occupied by one
family unit only.
A detached dwelling containing three dwelling units designed
for and occupied by not more than three families living independently
of each other.
A detached dwelling containing two dwelling units designed
for and occupied by not more than two families living independently
of each other.
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.[1]
A dwelling unit on a lot subordinate to a single-family dwelling
(for purposes of this definition, the principal dwelling) on the same
lot. ADUs are secondary in size, form and location to the single-family
dwelling and may be attached, detached or contained within an accessory
building (e.g., garage) on the lot.
[Added 12-23-2019 by Ord. No. 20-017]
Equipment used for supplying power to electric vehicles (EVs).
[Added 10-24-2022 by Ord.
No. 22-347]
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. This term does not include federal, state, or municipal subsidy of temporary accommodations using existing homes, apartments, hotels or motels or facilities when deemed a local emergency by the City of Bangor pursuant to Article XVII of the Code of Ordinances.
[Added 5-13-2013 by Ord. No. 13-105; amended 10-23-2023 by Ord. No.
23-307]
A place of business carrying on operations which are physically
separate and distinct from those of any other place located on the
same lot.
One or more persons related by blood, adoption
or marriage living and cooking together as a single housekeeping unit,
exclusive of household servants.
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.
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]
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]
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 stairwells 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.
The floor area of a building on a lot divided by the horizontal
area of the lot.
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]
A facility within which legalized gambling is conducted.
[Added 11-22-2004 by Ord. No. 05-08]
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.
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.
The square-foot area of a building within its largest outside
dimensions, exclusive of open porches, patios, terraces, and exterior
stairways.[2]
[Amended 9-10-2018 by Ord. No. 18-315]
See "community living arrangement."[3]
[Amended 1-11-1993 by Ord. No. 93-59; at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
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]
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]
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]
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]
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.
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.
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]
Raising, planting, and caring for plants, shrubs, and trees;
Mowing, irrigation, raking, rolling and reseeding of lawns;
The application of fertilizers, pesticides, herbicides, and
disease-control agents;
Construction and maintenance of landscaping features, such as
flower beds, patios, fountains, and decorative pools; and
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 single lot of record.
A portion of a lot of record.
A combination of complete lots of record and
portions of lots of record or of portions of lots of record.
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.
The total area included within the property lines bounding
a lot, generally the length of a lot multiplied by the width of the
lot.
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]
The mean horizontal distance between the front and rear lot
lines, measured within the lot boundaries.
A line dividing one lot from another or from a street or
any public place.
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.
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.[4]
Major utility facilities, including, but not limited to,
water lines, sewer lines, stormwater lines and related structures;
electrical power, cable/fiber, gas and other overhead and underground
lines; electrical power plants, water and wastewater treatment plants,
and similar facilities, excluding radio and television broadcast towers,
cellular telecommunication equipment and towers, solar arrays, and
wind turbines.
[Added 3-24-2008 by Ord.
No. 08-115; amended 10-12-2022 by Ord. No. 22-329]
A structural unit or units designed to be used as a dwelling
or dwellings 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. The term includes any type of building
that is constructed at a manufacturing facility and then transported
to a building site where it is utilized for housing and that may be
purchased, sold, offered for sale or brokered by a licensee in the
interim. For the purposes of this chapter, three types of manufactured
housing are included. They are:
[Amended 9-14-1998 by Ord. No. 98-339; 6-12-2023 by Ord. No. 23-154; 8-28-2023 by Ord. No. 23-245]
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.
Pre-HUD-code homes, commonly called "mobile homes," which are
those units constructed prior to June 15, 1976, meaning structures,
transportable in one or more sections, that 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, or electrical systems contained
therein.
In order for the above-described units to qualify
as manufactured housing under this chapter, such units shall also:
Be not less than 14 feet in width.
Contain not less than 750 square feet of living area.
Have a pitched, shingled roof with a minimum pitch of two inches
rise (vertical) to 12 inches of run (horizontal).
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.
Have a permanent foundation which complies with
the requirements of the State of Maine Manufactured Housing Board.
Be anchored to the permanent foundation in accordance
with the requirements of the above-referenced Board, and any amendments,
replacements or substitutions thereof.
With the exception of pre-HUD-code homes, conforms to all standards
of construction, design and performance adopted pursuant to the State
of Maine Manufactured Housing Act (10 M.R.S.A. § 9001 et
seq., as it may be amended) or the State of Maine Industrialized Housing
Law (30-A M.R.S.A. § 4358 et seq., as it may be amended)
or any successive legislation or standards, except those meeting local
standards.
A medical marijuana cultivation facility or retail marijuana
cultivation facility.
[Added 9-10-2018 by Ord.
No. 18-337]
A medical marijuana manufacturing facility or retail marijuana
products manufacturing facility.
[Added 9-10-2018 by Ord.
No. 18-337]
A medical marijuana caregiver store, medical marijuana dispensary,
or retail marijuana store.
[Added 9-10-2018 by Ord.
No. 18-337]
A medical marijuana testing facility or retail marijuana
testing facility.
[Added 9-10-2018 by Ord.
No. 18-337]
A facility at which medical marijuana is sold by one or more persons meeting the definition of "registered caregiver" as defined in 22 M.R.S.A. § 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; amended at time of adoption of Code
(see Ch. 1, General Provisions, Art. I)]
A facility or location at which medical marijuana is cultivated,
either:
[Added 9-10-2018 by Ord.
No. 18-337]
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
By one or more persons meeting the definition of "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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 meets all local laws and
regulations.
[Added 9-10-2018 by Ord.
No. 18-337; amended 5-9-2022 by Ord. No. 22-178]
A laboratory meeting the definition of "manufacturing facility"
as defined in 22 M.R.S.A. § 2422.
[Added 9-10-2018 by Ord.
No. 18-337]
A marijuana testing facility as defined in 22 M.R.S.A. § 2422.
[Added 9-10-2018 by Ord.
No. 18-337]
[Amended 1-25-2010 by Ord. No. 10-049; 7-12-2021 by Ord. No. 21-210; 10-12-2022 by Ord. No. 22-329]
A structure or series of structures, not to exceed 300 square
feet in gross ground area and 16 feet in height, that is associated
with or supportive of the production, transmission, or distribution
of electricity, water, internet, or other utilities. Examples include,
but are not limited to, pumping stations, pad-mounted transformers,
electronic switching equipment, satellite dishes, utility cabinets,
microgrids, or communication relay stations, excluding radio and television
broadcast towers, cellular telecommunication equipment and towers,
solar arrays, and wind turbines. Such structures are to be unoccupied
except for required maintenance.
A structure or series of structures of any size, located in
the Government and Institutional Service District, that is associated
with or supportive of the production, transmission, or distribution
of electricity, water, internet, or other utilities. Examples include,
but are not limited to, pumping stations, pad-mounted transformers,
electronic switching equipment, satellite dishes, utility cabinets,
microgrids, or communication relay stations, excluding radio and television
broadcast towers, cellular telecommunication equipment and towers,
solar arrays, and wind turbines. Such structures are to be unoccupied
except for required maintenance.
See "manufactured housing."
[Amended 8-28-2023 by Ord. No. 23-245]
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.
A parcel of land under unified ownership approved by the
City of Bangor Planning Board for the placement of three or more manufactured
homes.
[Amended 8-28-2023 by Ord. No. 23-245]
That part of an individual mobile home lot which has been
constructed and reserved for the placement of a mobile 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, and with access
to each such unit directly from the outside.
[Added 9-9-2002 by Ord. No. 02-321]
A building which is designed to house two or more families.
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.[5]
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:
Any use of a building or structure which is
not a permitted or conditional use in the district in which it is
located.
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.
Any lot which fails to meet minimum standards
of the district in which it is located.
Any site development, including building or
structures, which fails to meet the requirements of the district in
which located.
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.
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]
An unoccupied space open to the sky, exclusive of parking
areas, driveways, patios, and walks.
[Amended 9-10-2018 by Ord. No. 18-315]
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]
Any outdoor display of goods, materials, merchandise or other
stock-in-trade intended for sale, exchange or advertising purposes.
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.
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.
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.
A building or portion thereof designed or used for storage
of motor-driven vehicles.
[Added 8-28-2023 by Ord. No. 23-245]
For Manufactured Housing, as defined above in this chapter,
a foundation that conforms to the installation standards established
by the State of Maine Manufactured Housing Board; or
For Modular Homes, as defined above in this chapter, a foundation
that conforms to the municipal building code or, in the absence of
a municipal building code, a foundation that conforms to the Maine
Uniform Building and Energy Code.
A multifamily building or multiple buildings on a lot that
contain(s) permanent, project-based supportive housing which are funded
with project-based vouchers and associated services to residents.
[Added 10-24-2022 by Ord.
No. 22-348]
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]
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.
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.
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]
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]
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.[8]
[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]
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.
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]
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]
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]
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.[9]
[Added 4-23-2018 by Ord.
No. 18-151]
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]
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]
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]
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]
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]
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]
A secure or locked Level IV residential care facility, as defined in 10-144 CMR 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]
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]
The ramp is being added or attached to an existing
building;
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;
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
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.
See definition of "short-term rental" in § 254-3.
[Added 10-23-2023 by Ord. No. 23-308]
See definition of "short-term rental, hosted" in § 254-3.
[Added 10-23-2023 by Ord. No. 23-308]
See definition of "short-term rental, non-hosted" in § 254-3.
[Added 10-23-2023 by Ord. No. 23-308]
See "yard, side."
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.
The requirements which control the size and the placement
of a building or structure or other site improvements on a parcel
of land.
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]
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.
A system of ground-mounted solar modules, including system
equipment and energy storage systems designed to connect to the electrical
grid to generate electricity.
[Added 4-27-2020 by Ord. No. 20-098]
The Director of Community and Economic Development or their
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.
That portion of a building between the eaves and the ridge
line of pitched roofs.
The lot line dividing a lot from a street or other public
space.
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.
[Added 11-13-2019 by Ord.
No. 19-416]
Generally, a street providing service for trips of moderate
length, serving smaller geographic areas than major arterial streets,
and offering connectivity to major arterial streets. Specifically,
the following streets are to be considered minor arterial streets
in Bangor: Mount Hope Avenue, Essex Street, Griffin Road, Kenduskeag
Boulevard, Ohio Street, State Street, Maine Avenue, and Fourteenth
Street.
[Added 11-13-2019 by Ord.
No. 19-416]
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.
A structure customarily and clearly incidental and subordinate
to the principal structure and located on the same lot with the principal
structure.
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.[10]
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]
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.
Target shooting by more than three people in the course of a
day shall not happen more than once per month.
Target shooting shall not occur between 6:00 p.m. and 10:00
a.m.
Target shooting shall not happen more than once per day and
shall not last for more than two hours at a time.
No money or thing of value shall exchange hands for target shooting
or related purposes.
The requirements imposed by § 113-2 of the Code of the City of Bangor must be met.
A dwelling unit permanently constructed on a frame or chassis
that may be placed on a foundation and designed for use as permanent
living quarters that:
[Added 10-24-2022 by Ord.
No. 22-349]
Complies with American National Standards Institute Standard
A119.5 on plumbing, propane, fire and life safety and construction
or National Fire Protection Association Standard 1192 on plumbing,
propane and fire and life safety for recreational vehicles;
Does not exceed 400 square feet in footprint;
Does not exceed any dimension allowed for operation on a public
way;
Is a vehicle without motive power.
"Tiny home" does not include a trailer, semitrailer, camp trailer,
recreational vehicle or manufactured housing.
A lot containing two or more tiny homes.
[Added 10-24-2022 by Ord.
No. 22-349]
A building or group of buildings which contains living or
sleeping accommodations used primarily for transient occupancy for
compensation.
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]
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.[11]
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.
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.
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.
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.
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.
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.
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.
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.
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]
[1]
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.
[2]
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.
[3]
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.
[4]
Editor's Note: The former definition of “major arterial
street,” which immediately followed this definition, was repealed
11-13-2019 by Ord. No. 19-416. See now the definition of “street,
major arterial.”
[5]
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.
[6]
Editor's Note: The definition of "professional
person," which followed this definition, was repealed 11-13-2002 by
Ord. No. 02-367.
[7]
Editor's Note: The definition of "primary caregiver cultivation
facility," which followed this definition, as added 12-27-2017 by
Ord. No. 18-042, was repealed 9-10-2018 by Ord. No. 18-337.
[8]
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.
[9]
Editor's Note: See 22 M.R.S.A. § 2421 et seq.
[10]
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.
[11]
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.
