City of Bangor, ME
Penobscot County
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Table of Contents
Table of Contents
[Amended 7-11-1994 by Ord. No. 94-300]
A. 
In any zone, an accessory use or structure may only be approved by the Code Enforcement Officer upon a determination that said use or structure complies with the following conditions:
(1) 
Such use is not intended to expand a use otherwise limited in area.
(2) 
Such use, if not permitted by right within the zone, is an integral and minor part of a permitted use.
(3) 
Such use is consistent with the normal requirements of the principal use and is not excessive for such use or for that district.
(4) 
Such use is not detrimental to the surrounding area or properties.
(5) 
Adequate area is available without reducing the area requirements set forth for the use in the district in which it lies.
B. 
If the primary use or structure is one which would require land development approval by the Planning Board under Article XVI, such accessory use or structure shall require such Planning Board approval also.
[Amended 7-11-1994 by Ord. No. 94-300]
A. 
Accessory support staff may be allowed as an accessory use, provided that such staff is:
(1) 
Located within a building in which the staff provides management, counseling or other services to occupants; or
(2) 
Located on the same site with buildings whose primary use is residential and provides management, counseling and other services to residents.
B. 
In no case shall such staff provide services to persons who do not reside in the building or on the site at which such staff is located.
[Amended 9-14-1998 by Ord. No. 98-339; 11-14-2007 by Ord. No. 07-319; 1-9-2017 by Ord. No. 17-055]
Pools used for swimming, wading or as a decorative device for either public or private use shall meet the requirements and restrictions of the Building Code and the Bangor Health and Community Services Department and shall meet the yard requirements of this chapter for accessory structures.
Portable or mobile trailers, vans and similar vehicles or temporary buildings may be used for storage or display only upon approval of the Board of Appeals and only for a temporary period not to exceed one year.
A. 
Such approval may be granted by the Board of Appeals, and may be extended for one additional period of one year only, if the Board finds that:
(1) 
The use, in combination with the primary use and accessory uses on the same lot, does not exceed maximum lot coverage requirements as set forth in this chapter for the district in which it is to be located.
(2) 
There is a valid temporary need which cannot be met within the principal structure and that an adequate operational hardship can be shown if the request is not granted.
(3) 
The initial approval, or any renewal, of the use will not in any way be detrimental to the neighboring properties, including aesthetic impact.
(4) 
The use is not intended as a permanent or long-term use.
(5) 
The use is not intended to circumvent building area limitations for that district.
(6) 
The use will be adequately screened from neighborhood properties and the street.
(7) 
The use will not be used as or intended for advertising for on- or off-premises purposes.
(8) 
The use is not intended for retail sales.
B. 
Exceptions to the requirements of Subsection A(1) through (8) above may be permitted by the Code Enforcement Officer for a single period not to exceed 30 days in any one calendar year, provided that such use is for temporary retail sales only.
C. 
The above provisions do not prohibit the use of such temporary facilities as construction or job site office or equipment storage facilities during construction, provided that no advertising other than the contractor's name shall be on the vehicle or facility and that such signs meet the requirements of Chapter 260, Signs.
[Amended 10-24-1994 by Ord. No. 94-439]
A. 
Notwithstanding the requirements for setbacks in this chapter and notwithstanding the requirements for setbacks of signs in Chapter 260, Signs, freestanding accessory structures providing utility service, signage, lighting or other support for the primary use of the site, but excluding accessory buildings, may be set back from a public right-of-way line the same distance as off-street parking as enumerated in Article X, § 165-73B; provided, however, that no structural elements located between the height of two feet above grade and eight feet above grade may have a width in excess of 24 inches in any one vertical plane nor a combined width in all vertical planes in excess of 96 inches.
B. 
Notwithstanding the setback requirements set forth in Subsection A above and elsewhere in this chapter, where an accessory support structure, as defined in this section, must be moved due to a compensated public taking or conveyance in lieu of a public taking, the Code Enforcement Officer may reduce or eliminate the yard requirement for such structure, provided that:
[Amended 1-27-1997 by Ord. No. 97-78]
(1) 
This action shall apply only to existing legally established structures to be moved without alteration;
(2) 
The replacement of such structures will be done with a minimum variation from ordinance standards which is practicable on the site; and
(3) 
In so doing, the Code Enforcement Officer shall consider the following factors: fairness to the property owner; the burden which would be created by imposing current ordinance standards; the impact on the safety and functionality of the public right-of-way; and the provisions of § 260-5I of Chapter 260, Signs.
A. 
Upon issuance of a building permit by the Code Enforcement Officer, bus shelters for the use of the public while waiting for the public transit or school buses may be erected in any district:
(1) 
By the City within the public right-of-way or outside of the public right-of-way; and
(2) 
Outside of the public right-of-way by private parties.
B. 
Standards for bus shelters. Bus shelters shall be subject to the following restrictions and conditions:
(1) 
Bus shelters need not meet the setback requirements of the district for buildings and structures.
(2) 
Dimensions and slope.
[Amended 10-22-2018 by Ord. No. 18-377]
(a) 
Bus shelters shall not exceed a floor area of 100 square feet nor a height of 15 feet. Bus shelters must provide a minimum clear length of 96 inches and clear width of 60 inches.
(b) 
Bus boarding and lighting areas shall provide a clear length of 96 inches, measured perpendicular to the curb or vehicle roadway edge, and a clear width of 60 inches, measured parallel to the vehicle roadway.
(c) 
The slope of the bus boarding and alighting area in the direction parallel to the roadway must be the same as that of the roadway to the maximum extent practicable. Perpendicular to the roadway, the slope must not exceed 1:48, that is, not more than one inch of rise over a horizontal distance of 48 inches.
(3) 
Signs. No sign, as defined by Chapter 260, Signs, shall be erected on or in a bus shelter, except that upon approval by the Bus Superintendent and Code Enforcement Officer or their designees, the following signs may be erected:
[Amended 10-22-2018 by Ord. No. 18-377]
(a) 
A sign identifying the bus shelter as a bus stop or bus station.
(b) 
A map of bus routes and schedule of time of stops.
(c) 
"No smoking" signs.
(4) 
Location. The location of a bus shelter shall not create a traffic hazard nor interfere with traffic control signs and signals and shall be approved, in writing, by the Bus Superintendent and the City Engineer or their designees. Bus shelters must connect via an accessible route to a boarding and alighting area and to streets, sidewalks, or pedestrian paths.
[Amended 10-22-2018 by Ord. No. 18-377]
(5) 
Materials. Bus shelters shall be constructed of appropriate permanent materials and shall be properly maintained to prevent rust, rot, peeling or similar deterioration. Bus stop boarding and alighting areas shall have a firm, stable surface.
[Amended 10-22-2018 by Ord. No. 18-377]
In the USD, DDD, WDD, ADD, G & ISD, S & PS and GC & S Districts, promotional activities, such as sales featuring food sales, entertainment, fairs, circuses and carnivals, may be allowed upon issuance of a permit by the Code Enforcement Officer, provided that:
A. 
The activity is clearly accessory to the permitted uses on the lot.
B. 
The activity is under the sponsorship of the owner or occupant of the primary use to which the activity is accessory.
C. 
The activity shall not be operated for more than 14 days in any year.
D. 
Off-street parking for the activity is provided on the same lot as the activity. The Code Enforcement Officer shall determine that the lot on which the activity is proposed is large enough for the activity, the primary use on the lot and the required off-street parking. (Off-street parking areas on immediately adjacent parcels may be used if deemed accessible by the Code Enforcement Officer, and public parking may be used in the WDD and DDD areas.)
E. 
The activity meets all applicable local and state health, fire and safety regulations.
F. 
Application for said activity shall be made on forms provided by the Code Enforcement Officer and shall include a plan of the lot on which the activity is proposed showing the locations of the proposed activity, the primary use and all off-street parking.
[Added 9-13-2010 by Ord. No. 10-292]
A. 
Purpose. It is the purpose of this section to promote the safe, effective and efficient use of small wind energy systems installed to reduce the on-site consumption of utility-supplied electricity.
B. 
Zones where allowed. Small wind energy systems shall be allowed as accessory structures in all zoning classifications except P&O, RP, and SPD, subject to all other applicable provisions of this chapter.
C. 
Maximum wind turbine tower height. Tower height shall not exceed the maximum allowable height for any structure in the underlying zoning district, except that in RR&A, the maximum tower height shall be 80 feet if the lot size is between 1 1/2 acres and five acres and 100 feet if the lot size is greater than five acres. Nothing herein shall be construed to preempt any height limitations imposed by FAA regulations.
D. 
Setback. The base of the wind system structure shall be set back from all property lines a minimum distance equal to the height of the wind system structure (including fully extended blades).
E. 
Noise. Small wind energy systems shall not exceed 60 dBA, as measured at the property line. The level, however, may be exceeded during short-term events such as utility outages and/or severe wind storms.
F. 
Approved wind turbines. All small wind turbine designs must be approved by the Emerging Technologies Program of the California Energy Commission or any other small wind certification program recognized by the American Wind Energy Association.
G. 
Compliance with International Building Code. Building permit applications for small wind energy systems shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, and footings. An engineering analysis of the tower showing compliance with the International Building Code and certified by a licensed professional engineer shall also be submitted. Wet stamps shall not be required.
H. 
Compliance with FAA regulations. Small wind energy systems must comply with applicable FAA regulations, including any necessary approvals for installations close to airports.
I. 
Compliance with National Electric Code. Building permit applications for small wind energy systems shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code.
J. 
Utility notification. No small wind energy system shall be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator. Off-arid systems shall be exempt from this requirement.
K. 
Land development permit. A land development permit shall be required for a small wind energy system if required by Article XVI.
[Amended 1-25-2010 by Ord. No. 10-049]
Notwithstanding the requirements of this chapter, auxiliary public utility structures, as defined, shall be exempted from the lot area, coverage, width, setback and frontage requirements of the zone in which they are located, provided that such structures shall be screened from a public or private street, unless such screening would negatively impact the public health, safety, or welfare, and from any residential district.
[Amended 6-8-1992 by Ord. No. 92-246; 7-28-1997 by Ord. No. 97-288]
A. 
Temporary sales of food or merchandise are expressly limited to:
[Added 9-13-2010 by Ord. No. 10-292[1]]
(1) 
Itinerant commercial vendors who sell from mobile or movable vehicles, carts or stands which are completely removed from the site on which they are located each day and operate only between the hours of 6:00 a.m. and 10:00 p.m.
(2) 
Itinerant commercial vendors who:
(a) 
Remain on a site for a period of time not to exceed 150 days;
(b) 
Make no new fixed or permanent improvements to the site, but shall be permitted temporary electrical service as defined under the National Electric Code;
(c) 
Sell only unprocessed agricultural, marine or forest products, except in the Waterfront Development District, where sale of food is also allowed; and
(d) 
Operate only between the hours of 6:00 a.m. and 10:00 p.m., except in the Waterfront Development District, where such vendors may operate until midnight.
[Amended 5-23-2016 by Ord. No. 16-185]
[1]
Editor's Note: This ordinance also redesignated former Subsections A through D as Subsections B through E, respectively.
B. 
Temporary sales of food or merchandise shall be required to obtain a certificate of occupancy but shall be considered a temporary use of land for which a land development permit is not required.
C. 
Temporary sales of food or merchandise shall only be permitted in the following districts: Urban Service District, Shopping and Personal Service District, General Commercial and Service District, Downtown Development District, Waterfront Development District, Urban Industry District and Industry and Service District.
D. 
Temporary sales of food or merchandise shall be further limited as follows:
[Amended 5-10-2010 by Ord. No. 10-152; 5-28-2014 by Ord. No. 14-170]
(1) 
In the Downtown Development District and Industry and Service District, no more than one itinerant commercial vendor may be permitted per lot.
(2) 
In the Shopping and Personal Service District, General Commercial Service District, Urban Service District and Urban Industry District, no more than four itinerant commercial vendors may be permitted per lot. Each vendor must provide access to five parking spaces in excess of those required by any other use or uses on that lot.
(3) 
In the Waterfront Development District, no more than five itinerant commercial vendors may be permitted per lot. No more than 10 commercial vendors total shall be permitted in the entire Waterfront Development District.
[Amended 5-23-2016 by Ord. No. 16-185]
E. 
Temporary sales of food or merchandise shall meet the following conditions:
(1) 
Itinerant commercial vendors shall have written permission of the property owner. Written permission of the property owner must be submitted to the Code Enforcement Office before a certificate of occupancy can be issued.
(2) 
Itinerant commercial vendors shall set back any vehicle, stands or other items related to the temporary sale of food or merchandise at least 20 feet, or, in the Waterfront Development District, 10 feet, from the property line or the edge of the sidewalk or, if no sidewalk, from the edge of the pavement of the traveled way adjoining the property.
[Amended 5-23-2016 by Ord. No. 16-185]
(3) 
Notwithstanding the regulations contained in Chapter 260, Signs, itinerant commercial vendors are permitted to have two freestanding A-frame signs meeting the design criteria set forth in Chapter 260, § 260-9B. Each location is also permitted two additional signs, provided that they are attached to a structure or vehicle. Signs may be leaned against a vehicle.
(a) 
The area of all signs may not exceed 80 square feet.
(b) 
No signs may be attached to or leaned against any telephone poles or other natural features, such as rocks or trees.
(c) 
Signs must meet the location requirements of § 260-9C of this Code. For purposes of meeting said location requirements, "building" refers to the location of the vendor.
[Amended 5-23-2016 by Ord. No. 16-185]
(4) 
No permanent improvements shall be made to the site, including grading or filling or construction of new access drives.
(5) 
No structure shall be permanently affixed or attached to the ground, existing structures, poles or trees or placed on a permanent foundation. Tents, movable picnic tables, chairs or benches and similar objects shall not be considered permanent structures under this section.
(6) 
Existing vehicular access and off-street parking must be deemed adequate by the Code Enforcement Officer. The Code Enforcement Officer must find that such access and parking does not create congestion, hazardous conditions or limited visibility on the adjacent highway system.
(7) 
The gross floor area of all temporary structures shall not exceed 1,000 square feet.
(8) 
The Code Enforcement Officer may deny a permit for any such activity which does not meet any other code or ordinance requirement of the City of Bangor.
F. 
Notwithstanding the above, the requirements of the rest of this § 165-31 do not apply to itinerant commercial vendors authorized as part of an event permitted through the City of Bangor event permit policy.
[Added 5-23-2016 by Ord. No. 16-185]
[Added 9-13-2010 by Ord. No. 10-292]
A. 
Community gardens are allowed in any district unless specifically prohibited due to tilling in proximity to protected natural resources (e.g., due to Shoreland Zoning requirements[1]).
[1]
Editor's Note: See Art. VII, Shoreland Zoning, of this chapter.
B. 
Community gardens may utilize accessory structures of less than 250 square feet that conform to the setback and development standards of the district in which they lay.
C. 
Community gardens may not include a retail sales component.