[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.
[Amended 7-11-1994 by Ord. No. 94-300]
[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.
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 § 260-15 of Chapter 260, Signs.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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:
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]
(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
Clean Power Association.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
G.
Compliance with Maine Uniform Building and Energy 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 Maine Uniform Building and Energy Code and certified
by a licensed professional engineer shall also be submitted. Wet stamps
shall not be required.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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-grid systems shall be exempt from this requirement.
[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]
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
and 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(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 Division 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.
(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.
[Added 9-13-2010 by Ord. No. 10-292]
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 lie.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Community
gardens may not include a retail sales component.
[Added 12-23-2019 by Ord.
No. 20-017]
A.
Accessory dwelling units (ADUs) are not subject to minimum lot area
requirements, requirements for the number of dwelling units per acre,
nor minimum parking requirements.
[Amended 9-11-2023 by Ord. No. 23-258]
B.
In districts where ADUs are allowed, the Code Enforcement Officer
shall approve an ADU upon a determination that said ADU complies with
the following conditions:
(1)
ADU square footage may not be more than 50% of the square footage
of the principal dwelling or 1,000 square feet, whichever is less.
(2)
Detached ADUs or ADUs contained within an accessory building
may not be located in the front of the lot, where the "front of the
lot" is defined as the space extending the full width of the lot between
the principal dwelling and all streets.
(3)
The maximum height of a detached ADU shall be 25 feet. An existing
accessory building in which an ADU is located, or to which an ADU
is added, shall adhere to the maximum height restriction of the zoning
district.
(4)
Attached ADUs may not be connected to the principal dwelling in the front of the lot as defined in Subsection B(2) above.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(5)
ADUs contained within the principal dwelling below finished
grade must have a daylight entry.
(6)
No more than one ADU is allowed per lot and an ADU may only
be allowed where there exists only one single-family detached dwelling
or one detached manufactured housing unit.
[Amended 9-11-2023 by Ord. No. 23-258]
(7)
Manufactured housing (as defined in 30-A M.R.S.A. § 4358), temporary camping vehicles (as defined in § 281-2 of this Code), and mobile homes shall not be allowed as an ADU, except manufactured housing is allowed as an ADU in the Rural Residence and Agricultural District.
(9)
No permits for expansions will be allowed for an ADU, except
for permits to construct appurtenances to meet ADA requirements.
(10)
ADUs in areas not served by City sewer shall be treated as a
separate dwelling unit for the purposes of septic design.
(11)
The ADU must be in compliance with all other laws and regulations.
[Amended 6-12-2023 by Ord. No. 23-154]
