No building permit shall be issued by the Code
Enforcement Officer or approved by the Planning Board for any building
or structure which will violate the provisions of the federal aviation
regulations in effect in the vicinity of Bangor International Airport.
[Amended 5-22-2006 by Ord. No. 06-152; 3-24-2008 by Ord. No.
08-104]
A.
The limitations on height as provided in this chapter shall not apply to the following structures, provided that they do not come within the airport glide zone as provided in § 165-58 above, and provided that such uses shall not exceed 15 feet in height in addition to the limitations already permitted in the various districts:
(1)
Church spires, belfries, cupolas and domes, monuments,
water towers, silos, chimneys, smokestacks, derricks, conveyors, and
flagpoles.
(2)
Bulkheads, elevator penthouses and water tanks, provided that such structures permitted by this Subsection A(2) shall not have an aggregate floor area greater than 10% of the gross building floor area, and further provided that no linear dimensions of any such structure shall exceed 50% of the corresponding street lot line frontage.
(3)
Any accessory buildings or structures, as defined
in this chapter, to be used for manufacturing purposes, provided that
such structure is required in the manufacturing process conducted
on the premises, and provided further that all such structures above
the limiting heights of the applicable district shall not encompass
more than 25% of the area of the lot, shall set back not less than
25 feet from every lot line, other than the street lines, and shall
not be less than one foot from the opposite side of each adjacent
structure on any adjoining lot for each two feet of vertical height.
B.
The limitations on height as provided in this chapter shall not apply to towers and antennas that are owned and operated by governmental bodies, provided that they are used solely for emergency telecommunications purposes and further provided that they do not come within the airport glide zone as provided in § 165-58 above.
C.
Heights of cellular telecommunication towers and radio and television broadcast towers shall be regulated exclusively by the provisions of the zoning district where they are located and the provisions of § 165-80.1, provided that if federal law requires a greater minimum height, that minimum height shall be allowed.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[Amended 3-24-2008 by Ord. No. 08-104]
The following structures shall be considered
under this chapter in any district and shall not be permitted without
approval by the Planning Board. The Planning Board may authorize a
conditional use for structures in excess of 15 feet above the applicable
height limitations otherwise provided in this chapter for church spires,
belfries, monuments, tanks, water and fire towers, oil derricks and
spires, provided that:
A.
Such structures do not negatively impact uses in adjacent
districts in which they are not permitted in a clearly demonstrable
manner, such as casting shadows, depriving the adjacent property of
light, air or view or drastically altering the appearance of the setting
of such adjacent property improvements.
B.
Regardless of the zoning districts involved, such structures will not be located within 100 feet of any existing residential building (any structure containing dwelling units), nor will the proposed structure violate the provisions of Subsection A above in regard to any such residential building.
C.
The regulation of heights of cellular telecommunication towers and radio and television broadcast towers shall be regulated exclusively by the provisions of the zoning district where they are located and the provisions of § 165-80.1, provided that if federal law requires a greater minimum height, that minimum height shall be allowed.
[Amended 1-25-1993 by Ord. No. 93-89]
Regardless of the maximum district height limit for buildings in the Industry and Service District in Article XIX of this chapter, any building containing in excess of 250,000 square feet of floor area may add 10 feet to its height in excess of the maximum district height for each 100,000 square feet of gross area in excess of 250,000 square feet of gross floor area. Any such building with an excess of 350,000 square feet of gross floor area may have a height 10 feet greater than the district maximum; any building with more than 450,000 square feet of floor area may have a height 20 feet greater than the district maximum, etc. In no case will this provision permit variation from other height restrictions in this chapter, such as that contained in § 165-58 above.
