City of Bangor, ME
Penobscot County
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Table of Contents
Table of Contents
[1]
Editor's Note: See also Schedule A included as an attachment to this chapter.
The districts under this article are established to protect and enhance the use and development of those areas of the City which are within the presently built-up urban service area. Use provisions in these areas reflect, to a large degree, the historical use, and development standards necessarily reflect traditional development patterns and the minimum standards of previous ordinances. Nevertheless, these district requirements allow for current market conditions and even promote dynamic and innovative reuse and redevelopment where appropriate, as well as fulfilling the long-recognized value of the prevention of overcrowding, the balancing of activity with necessary services and the reduction of destructive conflicts between competing uses in order to make such areas viable, safe, efficient and healthy for human occupancy and activity and to protect property values for the individual and the community.
A. 
Statement of purpose. The Urban Residence 1 District is established to enhance and protect the essential established characteristics of certain traditional, low-density residential areas of mostly single-family detached dwellings or, where such development is desired, to promote and encourage a suitable environment for family life.
B. 
Basic requirements. Buildings or land used or occupied and buildings or structures erected, constructed, reconstructed, moved or structurally altered, whether permitted uses or conditional uses, shall comply with the requirements of this section, Articles II through XII and the specific development standards of Article XIX of this chapter.
C. 
Permitted uses. The following uses are permitted in this district:
[Amended 12-27-2000 by Ord. No. 01-61]
(1) 
One-family detached dwellings.
(2) 
Home occupations or professions (subject to the requirements of Article IV).
(3) 
Community living arrangements, in accordance with 30-A M.R.S.A. § 4357-A, as may be amended.
(4) 
Small day-care center, provided that it is operated at a dwelling by a resident or residents of the dwelling.
[Added 3-13-2017 by Ord. No. 17-096[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsection C(4) as Subsection C(5).
(5) 
Accessory uses on the same lot and customarily incidental to and subordinate to the above uses or to an approved conditional use under Subsection D below.
D. 
Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district:
(1) 
Places of worship and nursing homes meeting the requirements of § 165-9 and Article XIX, provided that such site developments:
(a) 
Are located on a major arterial street.
(b) 
Have an impervious surface ratio of no more than .30.[2]
[2]
Editor's Note: Former Subsection D(2), Community living facilities, which immediately followed this subsection, was repealed 12-27-2000 by Ord. No. 01-61.
E. 
Prohibited uses. Any use not specifically permitted in this section or in Articles II through XII of this chapter is prohibited.
A. 
Statement of purpose. The Urban Residence 2 District is established to stabilize and protect the essential characteristics of certain traditional residential areas which are substantially developed with one-family to four-family detached dwellings and to promote and encourage a suitable environment for family life. Development in this district is intended to be limited primarily to the existing low- to medium-density residential use.
B. 
Basic requirements. Buildings or land used or occupied and buildings or structures erected, constructed, reconstructed, moved or structurally altered, whether permitted uses or conditional uses, shall comply with the requirements of this section, Articles II through XII and the specific development standards of Article XIX of this chapter.
C. 
Permitted uses. The following uses are permitted in this district:
[Amended 12-27-2000 by Ord. No. 01-61]
(1) 
One-family, two-family, three-family and four-family detached dwellings.
(2) 
Small day-care center.
[Amended 3-13-2017 by Ord. No. 17-096]
(3) 
Home occupations or professions (subject to the requirements of Article IV).
(4) 
Community living arrangements, in accordance with 30-A M.R.S.A. § 4357-A, as may be amended.
(5) 
Accessory uses on the same lot and customarily incidental to and subordinate to the above uses or to an approved conditional use under Subsection D below.
D. 
Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district:
(1) 
Places of worship and nursing homes meeting the requirements of § 165-9 and Article XIX and located on a major arterial street.[1]
[1]
Editor's Note: Former Subsection D(2), Community living facilities, which immediately followed this subsection, was repealed 12-27-2000 by Ord. No. 01-61.
E. 
Prohibited uses. Any use not specifically permitted in this section or in Articles II through XII of this chapter is prohibited.
A. 
Statement of purpose. The Multifamily and Service District is established to stabilize and protect the essential characteristics of certain high-density residential areas located near the central part of the City and to promote and encourage, insofar as compatible with the intensity of land uses, a suitable environment for family life. Development in this district includes all types of residential use as well as certain service uses limited to locations along major arterial streets.
B. 
Basic requirements. Buildings or land used or occupied and buildings or structures erected, constructed, reconstructed, moved or structurally altered, whether permitted uses or conditional uses, shall comply with the requirements of this section, Articles II through XII and the specific development standards of Article XIX of this chapter.
C. 
Permitted uses. The following uses are permitted in this district:
[Amended 12-27-2000 by Ord. No. 01-61]
(1) 
One-family, two-family and multifamily detached dwellings.
(2) 
Personal services establishment, with no more than one service provider.[1]
[Added 5-8-2017 by Ord. No. 17-146]
[1]
Editor's Note: Former Subsection C(2), Group day-care or nursery school, was repealed 3-13-2017 by Ord. No. 17-096.
(3) 
Day-care center (small or large).
[Amended 3-13-2017 by Ord. No. 17-096]
(4) 
Home occupations or professions (subject to the requirements of Article IV).
(5) 
Community living arrangements, in accordance with 30-A M.R.S.A. § 4357-A, as may be amended.
(6) 
Accessory uses on the same lot and customarily incidental to and subordinate to the above uses or to an approved conditional use under Subsection D below.
D. 
Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district:
(1) 
Boarding and rooming houses, bed-and-breakfasts, nursing homes, places of worship, schools conducted as a gainful business and funeral homes, subject to the requirements of § 165-9 and Article XIX of this chapter.
[Amended 12-27-2000 by Ord. No. 01-61; 6-27-2011 by Ord. No. 11-191]
(2) 
Congregate housing subject to the requirements of § 165-9 and Article XIX of this chapter.
(3) 
Business offices, professional offices, personal services establishments, and community service organizations which meet the requirements of § 165-9 and Article XIX of this chapter and which:
[Amended 5-8-2017 by Ord. No. 17-146]
(a) 
Do not exceed 3,000 square feet in gross floor area.
(b) 
Are located on a major arterial street as defined in Article II of this chapter.
(c) 
Meet the off-street parking requirements of Article X without a variance for any required spaces.
(4) 
For historic landmarks and all principal use buildings within historic districts as designated under the provisions of Chapter 148, Historic Preservation, § 148-5 of the Code of the City of Bangor which meet the requirements of § 165-9.
[Amended 6-27-2011 by Ord. No. 11-191]
(a) 
Any business office or professional office.
(5) 
Office reuse. Existing buildings in the Multifamily and Service District may be used for business and professional office uses, subject to the following:
(a) 
No additional floor area is added to the gross floor area of the building which existed at the time of passage of this chapter.
(b) 
The total gross floor area in the building devoted to such office use shall not exceed 6,500 square feet.
(c) 
Off-street parking shall be provided under the terms of this chapter without a variance for any number of required spaces.
(d) 
The exterior facade of the building will not be altered to depart from its traditional architectural style, and existing facade adaptations not in keeping with the rest of the building shall be restored to a more compatible treatment.
(e) 
All substandard conditions on the site shall be corrected, if physically possible, including:
[1] 
Elimination of unnecessary nonconforming signs and removal of other accessory structures.
[2] 
Elimination of excess curb cuts and narrowing of excessively wide curb cuts.
[3] 
Provision of planting and landscaping as provided elsewhere in this chapter.
[4] 
Provision of planting and landscaping in the esplanade area within the public right-of-way along the full frontage of the property or any property to be used in conjunction with the proposed use.
[5] 
Elimination of lighting not conforming to the requirements of this chapter.
[6] 
The paving of unpaved parking and driveway areas.
[7] 
The restoration of the exterior of the building or any accessory buildings to meet the requirements of the minimum property maintenance standards of the City's BOCA Building Code.[2]
[2]
Editor's Note: See also Ch. 81, Building Code, and Ch. 223, Property Maintenance.
[8] 
Repair of sidewalk in front of the property.
(f) 
The building is located on a major arterial street as defined in Article II of this chapter.
E. 
Prohibited uses. Any use not specifically permitted in this section or in Articles II through XII of this chapter is prohibited.
[Amended 1-9-1995 by Ord. No. 95-41; 12-27-2000 by Ord. No. 01-61; 5-12-2003 by Ord. No. 03-142]
A. 
Statement of purpose. The Neighborhood Service District is established to accommodate neighborhood commercial needs, including small retail stores and low-impact office space. Because these districts are located primarily in developed residential areas, land uses are limited to commercial and mixed uses that will have minimal impact on a neighborhood.
B. 
Basic requirements. Buildings or land used or occupied and buildings or structures erected, constructed, reconstructed, moved or structurally altered, whether permitted uses or conditional uses, shall comply with the requirements of this section, Articles II through XII and the specific development standards of Article XIX of this chapter. In a Neighborhood Service District no permitted nonresidential use may be established or conducted with an excess of 2,000 square feet of gross floor area, and no goods or materials may be displayed or stored outdoors. No business, whether a permitted use or a conditional use, shall be open to the public between the hours of 11:00 p.m. and 6:00 a.m. No drive-in business shall be permitted.
C. 
Permitted uses. The following uses are permitted in this district:
(1) 
Business or professional office.
(2) 
Retail or service business (excluding retail auto service).
(3) 
Bed-and-breakfast.
(4) 
Schools (limited to indoor instructional classrooms).
(5) 
Day-care center (small or large).
[Amended 3-13-2017 by Ord. No. 17-096]
(6) 
Take-out restaurants (not to exceed 12 seats; no consumption of alcohol on the premises).
(7) 
Places of worship.
(8) 
Home occupation.
(9) 
Mixed commercial residential use.
(10) 
One- and two-unit dwellings.
(11) 
Accessory uses on the same lot that are customarily incidental to and subordinate to the above uses.
D. 
Prohibited uses. Any use not specifically permitted in this section or in Articles II through XII of this chapter is prohibited.
A. 
Statement of purpose. The Urban Service District is established to accommodate the shopping needs of a much larger consumer population and area of residency than that served by the Neighborhood Service District (NSD). Within this district, which is located in relative proximity to existing residential areas and major thoroughfares, a wider range of uses is permitted, including retailing and the furnishing of certain personal, office and other services in primarily existing commercially developed areas.
B. 
Basic requirements. Buildings or land used or occupied and buildings or structures erected, constructed, reconstructed, moved or structurally altered, whether permitted uses or conditional uses, shall comply with the requirements of this section, Articles II through XII and the specific development standards of Article XIX of this chapter.
C. 
Permitted uses. The following uses are permitted in this district:
[Amended 12-27-2000 by Ord. No. 01-61]
(1) 
Any business office or professional office.
(2) 
Motel, hotel or inn.
(3) 
Schools conducted for profit, such as trade, business, dance and music schools.
(4) 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection C(4), Group day-care or nursery school, was repealed 3-13-2017 by Ord. No. 17-096.
(5) 
Day-care center (small or large).
[Amended 3-13-2017 by Ord. No. 17-096]
(6) 
Community service organizations.
(7) 
Club or lodge, private.
(8) 
Enclosed recreation centers conducted for profit.
(9) 
Restaurants.
[Added 5-28-2014 by Ord. No. 14-136]
(10) 
Places of worship.
(11) 
Any other retail or service business (except those provided for in Subsection D below) conducted within a building with no goods or materials displayed or stored outside, except goods or materials displayed for retail sale with an outdoor display area limited to 1% of the gross floor area of the building.
(12) 
Clinic, medical or dental.
[Added 11-13-2002 by Ord. No. 02-372]
(13) 
(Reserved)[2]
[2]
Editor’s Note: Former Subsection C(13), Registered dispensary, added 10-13-2010 by Ord. No. 10-336, was repealed 12-10-2018 by Ord. No. 19-020.
(14) 
Bar, tavern or lounge, provided that:
[Added 5-30-2012 by Ord. No. 12-145]
(a) 
Such use must have established hours of operation which specifically define the time during which said use may be allowed to operate. Such hours will be a condition of approval under this section. In no event shall such hours of operation begin before 7:00 a.m. or end after 1:30 a.m.
(b) 
Such use must establish a maximum occupancy which will specifically limit the number of persons allowed within the building at any one time, and such occupancy limit will be a condition to any approval under this section.
(c) 
A noise limit will be established such that the maximum of 65 dBA will not be exceeded in any abutting structure, on abutting property or within the public right-of-way or any public area.
(d) 
The applicant must demonstrate that sufficient parking of one parking space for each four persons of established maximum occupancy is available during the hours of operation to serve the establishment’s patrons. Such parking spaces must:
[1] 
Be located within 500 feet of the building housing the use; and
[2] 
Be under the control of the operator or owner of the establishment (as evidenced in a binding written agreement between the operator and the owner or his/her agent of the parking premises) and/or must be public parking which is available during the hours of operation as determined by the City of Bangor City Engineer.
(15) 
Marijuana store, provided that:
[Added 3-12-2018 by Ord. No. 18-107; amended 4-23-2018 by Ord. No. 18-151; 9-10-2018 by Ord. No. 18-337]
(a) 
The building in which the facility is located must be at least 1,000 feet from, or on the other side of a controlled access highway from, the real property comprising any public or private elementary or secondary school or school dormitory, juvenile shelter, orphanage, public playground, or public park as defined in § 231-2 of this Code.
[Amended 1-28-2019 by Ord. No. 19-074]
(b) 
The building in which the facility is located must be at least 300 feet from, or on the other side of a controlled access highway from, any church, chapel, parish house, other place of worship, day care, or dwelling on a residential parcel, measured by a straight line from building to building.
[Amended 9-24-2018 by Ord. No. 18-355; 1-28-2019 by Ord. No. 19-074]
(c) 
(Reserved)
(d) 
No marijuana cultivation facility, marijuana manufacturing facility, or marijuana testing facility may be accessory to a marijuana store.
(e) 
No drive-in windows are allowed. No curbside or other pickup of marijuana by persons outside the store is allowed.
(f) 
Signage designed to appeal to persons under 21 years of age is prohibited.
D. 
Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district:
(1) 
Gasoline service stations, provided that:
(a) 
No gasoline pump shall be located within 100 feet of any existing residential building.
(b) 
Adequate queuing space for at least two vehicles for each gas-dispensing nozzle, without restricting automobile access to and egress from the site, shall be provided.
(2) 
Retail auto service, provided that:
(a) 
Adequate provision is made for automobile queuing at any service bays or service doors which will not restrict vehicular movement onto or off from the site.
(b) 
Additional provision is made for parking of vehicles left for any accessory installations.
(3) 
Drive-in business, except a drive-in movie theater, provided that:
(a) 
Adequate queuing space shall be provided for vehicles without restricting vehicular movements on the site at access points to any service road or street, including at least five spaces for each service window or station at a drive-in bank or drive-in restaurant.
(b) 
Additional parking area is provided for vehicles where any product is to be consumed on the premises or where service to vehicles away from drive-up windows or stations is contemplated or possible.
(4) 
Animal clinics, provided that:
(a) 
Such activity is conducted in a completely enclosed building.
(b) 
Such building is located not less than 100 feet from any residential district boundary line.
(5) 
A mixed residential and commercial use, provided that:
(a) 
The commercial activity is a use permitted in Subsection C above.
(b) 
In addition to the basic development standards required for the commercial use in this district in Article XIX, additional lot area will be provided commensurate to the requirements for residential units in the URD-2 District.
(c) 
Additional off-street parking will be provided for the residential units in accordance with the off-street parking requirements in Article X.
(d) 
The impervious surface limit for residential uses in the URD-2 District will be met.
[Amended 9-10-2018 by Ord. No. 18-315]
(6) 
Any retail or service business conducted within a building which, by virtue of the nature of the business or service, shall require an outdoor display area in excess of 1% of the gross floor area of the building, provided that:
(a) 
Goods or materials are not permanently stored outdoors.
(b) 
Such outdoor display is clearly incidental to and subordinate to the activity conducted within the building.
(c) 
Such exterior display area shall not exceed 20% of the gross floor area of the building.
(7) 
Public utility and public service uses, provided that:
(a) 
Such facilities are not sited so as to create an extreme juxtaposition of architectural scale or style to the detriment of existing buildings on adjacent lots.
(b) 
Such uses must be certified as absolutely necessary in the particular location to service the area and the community.[3]
[3]
Editor’s Note: Former Subsection D(8), permitting bars, taverns or lounges as a conditional use, was repealed 5-30-2012 by Ord. No. 12-145. See now Subsection C(14).
E. 
Prohibited uses. Any use not specifically permitted in this section or in Articles II through XII of this chapter is prohibited.
A. 
Statement of purpose. The Downtown Development District is established to accommodate those retail, service and office uses which are of City-wide or regional significance and are characteristic of a central business district. Within this limited area of concentrated activity and intensive development are found many prime retail activities of City-wide significance, administrative offices of private organizations, administrative offices and political seats of federal, state, county and City government and offices of professional and nonprofessional persons offering a variety of specialized services. New construction and any alteration of existing buildings or land use should be consistent with the objective to develop and maintain the central business area.
B. 
Basic requirements. Buildings or land used or occupied and buildings or structures erected, constructed, reconstructed, moved or structurally altered, whether permitted uses or conditional uses, shall comply with the requirements of this section, Articles II through XII and the specific development standards of Article XIX of this chapter.
C. 
Permitted uses. The following uses are permitted in this district:
[Amended 12-27-2000 by Ord. No. 01-61]
(1) 
Any business office or professional office.
(2) 
Motel, hotel or inn.
(3) 
Schools conducted for profit, such as trade, business, dance, gymnastic and music schools.
(4) 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection C(4), Group day-care or nursery school, was repealed 3-13-2017 by Ord. No. 17-096.
(5) 
Day-care center (small or large).
[Amended 3-13-2017 by Ord. No. 17-096]
(6) 
Educational uses or cultural uses, such as museums, libraries, theaters, sports arenas and convention centers.
(7) 
Community service organizations.
(8) 
Private membership, social and fraternal clubs.
(9) 
Governmental office buildings.
(10) 
Enclosed recreation centers.
(11) 
Any other retail or service business (except as provided for under Subsection D below) conducted wholly within a building with no goods or materials displayed or stored outdoors, except goods or materials of a seasonal nature displayed for retail sales, with outdoor display area limited to 1% of the gross floor area of the building.
(12) 
Parking garage or parking lot.
(13) 
Bus terminal.
(14) 
Residential units, provided that:
[Amended 3-12-2018 by Ord. No. 18-123]
(a) 
All residential units located adjacent to the following public ways and parks must be wholly located above the ground floor:
[1] 
Broad Street between West Market Square and Washington Street.
[2] 
Columbia Street between Hammond Street and Middle Street.
[3] 
Central Street between Harlow Street and Hammond Street.
[4] 
Exchange Street between State Street and Washington Street.
[5] 
Hammond Street between Court Street and the Kenduskeag Stream.
[6] 
Harlow Street between State Street and Franklin Street.
[7] 
Main Street between Union Street and Hammond Street.
[8] 
Merchant's Plaza between West Market Square and Water Street.
[9] 
Pickering Square.
[10] 
State Street between Broadway and the Kenduskeag Stream.
[11] 
West Market Square.
(b) 
Notwithstanding Subsection C(14)(a) above, a residential unit may be located on the ground floor adjacent to a public way or park listed in that subsection if, upon appeal to the Board of Appeals, the property owner can demonstrate that the property is otherwise incapable of earning an economic return on its value as appraised by a qualified real estate appraiser.
(15) 
Place of worship.
(16) 
Broadcast studios.
(17) 
Clinic, medical or dental.
[Added 11-13-2002 by Ord. No. 02-371[2]]
[2]
Editor's Note: This ordinance also redesignated former Subsection C(17) as C(18).
(18) 
Restaurants.
[Added 5-28-2014 by Ord. No. 14-136[3]]
[3]
Editor's Note: This ordinance also redesignated former Subsection C(18) as C(19).
(19) 
Accessory uses on the same lot and customarily incidental and subordinate to the above uses and those approved under Subsection D below.
D. 
Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district:
(1) 
Gasoline service stations as part of a parking garage, provided that:
(a) 
Sight distances from access points on the site are adequate to prevent traffic hazards from vehicles exiting or entering travel lanes on adjacent streets.
(b) 
Adequate queuing space is provided for gas-dispensing areas which does not interrupt automobile access to and egress from the site and which provides for at least three vehicles for each gas-dispensing nozzle.
(2) 
Wholesale business, provided that:
(a) 
Such business is required in conjunction with a retail business.
(b) 
Such business is conducted wholly within a building, with no goods or materials stored outside the building.
(c) 
Adequate provision is made for off-street loading of trucks and other vehicles.
(3) 
Drive-in banks or bank drive-up windows or automatic teller machines, provided that adequate queuing space shall be provided for vehicles, including at least five spaces for each service window or station, without restricting vehicular movements on the site or at access points to any service road or public street.
(4) 
Public utility and public service uses, provided that:
(a) 
Such use is an absolute necessity to ensure service to the immediate area or for the community.
(b) 
Such facilities are sited and screened from view so as to minimize any negative impact on adjacent properties or public rights-of-way or open space areas.
(5) 
Bar, tavern or lounge, provided that:
[Amended 7-22-1996 by Ord. No. 96-51; 2-9-2009 by Ord. No. 09-041; 5-27-2009 by Ord. No. 09-144]
(a) 
Such use must have established hours of operation which specifically define the time during which said use may be allowed to operate. Such hours will be a condition of approval under this section. In no event shall such hours of operation begin before 7:00 a.m. or end after 1:30 a.m., except that the hours of operation may end at 2:30 a.m. on January 1 of each year.
(b) 
Such use must establish a maximum occupancy which will specifically limit the number of persons allowed within the building at any one time, and such occupancy limit will be a condition to any approval under this section.
(c) 
A noise limit will be established such that the maximum of 65 dBA will not be exceeded in any abutting structure, on abutting property or within the public right-of-way or any public area.
E. 
Prohibited uses. Any use not specifically permitted in this section or in Articles II through XII of this chapter is prohibited.
[Amended 12-27-1993 by Ord. No. 92-42; 7-13-1998 by Ord. No. 98-266; 12-27-2000 by Ord. No. 01-61; 9-9-2002 by Ord. No. 02-319]
A. 
Statement of purpose. The Waterfront Development District is established to provide for the dynamic reuse of river and stream frontage areas of the City in keeping with current market conditions and community objectives. The range of use in these areas must include some traditional water transportation activities, provision for the interaction of water- and land-based activity and commercial uses consistent with a recreational and/or visitor use of the area, as well as opportunity to use existing building space for office, residential and other complementary activities.
B. 
Basic requirements. Buildings or land used or occupied and buildings or structures erected, constructed, reconstructed, moved or structurally altered, whether permitted uses or conditional uses, shall comply with the requirements of this section, the regulations of Chapter 71, the Bangor Center Revitalization Area Ordinance, where applicable, Articles II through XII and the specific development standards of Article XIX of this chapter.
[Amended 11-14-2007 by Ord. No. 07-323]
C. 
Permitted uses. The following uses are permitted in this district:
[Amended 12-12-2005 by Ord. No. 06-21; 6-26-2006 by Ord. No. 06-226]
(1) 
Any business office or professional office, except on the first floor of any building 250 feet from the mean high-water line of the Penobscot River.
[Amended 11-14-2007 by Ord. No. 07-323]
(2) 
Hotel, inn, conference or convention center.
(3) 
Entertainment or recreation facilities to include museums, theaters, exposition halls or art galleries.
(4) 
Restaurants.
[Amended 5-28-2014 by Ord. No. 14-136]
(5) 
Any other retail or service business (except those referred to under Subsection D below) conducted within a building with no goods or materials displayed or stored outdoors, except goods or materials of a seasonal nature displayed for retail sale, with outdoor display area limited to 1% of the gross floor area devoted to said business within the building, but specifically excluding sales, leasing or service of automobiles and other equipment or machinery.
(6) 
Residential use, except on the first floor of any building 250 feet from the mean high-water line of the Penobscot River.
[Amended 11-14-2007 by Ord. No. 07-323]
(7) 
Places of worship.
(8) 
Passenger intermodal facilities and public service uses.
(9) 
Clinic, medical or dental, except on the first floor of any building 250 feet from the mean high-water line of the Penobscot River.
[Amended 11-14-2007 by Ord. No. 07-323]
(10) 
Accessory uses on the same lot and customarily incidental to and subordinate to the above uses and those permitted as conditional uses in Subsection D below.
D. 
Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district:
[Amended 12-12-2005 by Ord. No. 06-21; 6-26-2006 by Ord. No. 06-226]
(1) 
Marine-related commercial uses, to include boat sales and service, docking and service, boat rental, tour boat and fishing services and other aquatic activities requiring access to the river, provided that:
(a) 
Such uses are located within 250 feet of mean high water on the Penobscot River.
(b) 
Such uses will create no noxious odors or excessive noise (above 65 decibels dBA) detectable at the property line.
(c) 
Such uses meet the following site development standards: those for permitted uses in Subsection C above, except that no building shall exceed a maximum height of 35 feet, and accessory use docks, slips, walkways and boat-handling equipment may be located within 50 feet of mean high water.
(2) 
Hotel or business or professional office building, in excess of 65 feet in height, provided that:
[Amended 9-11-2017 by Ord. No. 17-288]
(a) 
Such facility will not be located within 250 feet of mean high water on the Penobscot River.
(b) 
Such facility will be not more than 100 feet in height.
(3) 
Commercial establishments that provide for craftsmen, artisans and others to craft, prepare, package and sell their products, provided that:
(a) 
The activity shall not create obnoxious odors or noise levels in excess of 65 dBA daytime (7:00 a.m. to 7:00 p.m.) or 50 dBA nighttime measured at the property line.
(b) 
The use shall be limited to 15,000 square feet in floor area.
(4) 
Accessory drive-in service limited to financial institutions and accessory retail sales but excluding retail auto service and drive-in businesses serving food or beverages, provided that:
[Added 11-14-2007 by Ord. No. 07-323]
(a) 
The use is located on a major arterial street.
(b) 
The property maintains a minimum "C" buffer between drive-in queue lanes, order stations and service windows and the public street and adjacent properties.
(c) 
Access drives shall not be located on major arterial streets where the property has access to other streets.
E. 
Prohibited uses. Any use not specifically permitted in this section or in Articles II through XII of this chapter is prohibited.
[Added 11-22-2004 by Ord. No. 05-08]
A. 
Statement of purpose. The Bass Park District is established to provide for the dynamic use of this property in keeping with community objectives and new development opportunities for the area in the vicinity of Bass Park. The range of uses in this district must include some traditional recreational activities, and innovative civic and commercial uses consistent with the overall development plan for the Bass Park complex that includes the creation of opportunities for the beneficial collocation of compatible facilities.
B. 
Basic requirements. Buildings or land used or occupied and buildings or structures erected, constructed, reconstructed, moved or structurally altered shall comply with the requirements of this section, Articles II through XII and the specific development standards of Article XIX of this chapter.
C. 
Permitted uses. The following uses are permitted in this district:
(1) 
Public parks, playgrounds, preserves and open and natural areas.
(2) 
Conference center and auditorium.
(3) 
Hotel or inn.
(4) 
Restaurants accessory to the other district facilities.
[Amended 5-28-2014 by Ord. No. 14-136]
(5) 
Retail or service businesses accessory to the other district facilities.
(6) 
Museum, exposition halls or art galleries.
(7) 
Indoor and outdoor recreation facilities.
(8) 
Race track.
(9) 
Gaming facilities.
(10) 
Parking garage or lot.
(11) 
Activities that may customarily be carried out within Bass Park, including but not limited to the Bangor State Fair, exhibitions, conventions, entertainment, athletic events, recreation programs, and sales and service that may be customary and incidental to such uses.
(12) 
Public utility and public service uses.
(13) 
Accessory uses on the same lot and customarily incidental to and subordinate to the above uses.
D. 
Conditional uses: none.
E. 
Prohibited uses. Any use not specifically permitted in this section or in Articles II through XII of this chapter is prohibited.
A. 
Statement of purpose. The Airport Development District is established to accommodate those uses which, because of locational requirements or operational characteristics, are appropriate to locate at or in close proximity to an airport. This zone is for aviation uses as well as certain manufacturing, retail and service uses which generally would be considered compatible with an airport complex. The Airport District is not designed to include those uses which would be seriously affected by adverse noise and hazard factors inherent in an airport operation.
B. 
Basic requirements. Buildings or land used or occupied and buildings or structures erected, constructed, reconstructed, moved or structurally altered, whether permitted uses or conditional uses, shall comply with the requirements of this section, Articles II through XII and the specific development standards of Article XIX of this chapter.
C. 
Permitted uses. The following uses are permitted in this district:
[Amended 3-24-2008 by Ord. No. 08-104]
(1) 
Airports, heliports, aircraft landing fields and related operational and terminal facilities.
(2) 
Aviation uses, including the sale, service or storage of aircraft and aircraft parts.
(3) 
Manufacturing and industrial uses which are in conformance with the purpose of this district and which will not be noxious or injurious by reason of the production or emission of dust, smoke, odor, gas, fumes, refuse matter, noise, vibration or similar substances or conditions when such uses are established as reuse of buildings existing at the time of passage of this chapter and expansion of such buildings.
(4) 
Office use.
(5) 
Hotels and motels when associated with the terminal complex.
(6) 
Public utility and public service uses.
(7) 
Automotive rental agency.
(8) 
Transportation uses, including intermodal transfer facilities for freight transfer and temporary storage.
(9) 
Restaurants.
[Amended 5-28-2014 by Ord. No. 14-136]
(10) 
Public or nonprofit schools.
[Added 4-14-2014 by Ord. No. 14-120[1]]
[1]
Editor’s Note: This ordinance also redesignated former Subsection C(10) and (11) as C(11) and (12), respectively.
(11) 
Cellular telecommunication towers, provided that:
(a) 
They do not exceed 195 feet in height, or the minimum height required under federal law, whichever is greater.
(b) 
They are set back from property lines a minimum of 100% of the tower height.
(c) 
They conform to the requirements of § 165-80.1.
(12) 
Day-care center (small or large).
[Added 3-13-2017 by Ord. No. 17-096[2]]
[2]
Editor's Note: This ordinance also redesignated former Subsection C(12) as Subsection C(13).
(13) 
Accessory uses on the same lot and customarily incidental to and subordinate to the above uses.
D. 
Prohibited uses. Any use not specifically permitted in this section or in Articles II through XII of this chapter is prohibited.
A. 
Statement of purpose. The Urban Industry District is established to accommodate the older, more traditional industrial areas where a mixture of commercial and industrial uses exists without the benefit of modern site development standards but which prevails because of proximity to rail sidings or because it provides less expensive facilities for warehousing or other industrial activity.
B. 
Basic requirements. Buildings or land used or occupied and buildings or structures erected, constructed, reconstructed, moved or structurally altered, whether permitted uses or conditional uses, shall comply with the requirements of this section, Articles II through XII and the specific development standards of Article XIX of this chapter.
C. 
Permitted uses. The following uses are permitted in this district:
[Amended 7-25-2005 by Ord. No. 05-204; 3-24-2008 by Ord. No. 08-104]
(1) 
Commercial, wholesaling, warehousing or industrial uses.
(2) 
Transportation terminals.
(3) 
Public utility and public service uses.
(4) 
Clinic, medical or dental.
(5) 
Chemical dependency treatment facility, provided the property line is at least 300 feet from any residential district.
(6) 
Radio and television broadcast towers, provided that:
(a) 
They do not exceed 400 feet in height, or the minimum height required under federal law, whichever is greater.
(b) 
They are set back a minimum of 50% of the tower height from all property lines.
(c) 
They conform to the requirements of § 165-80.1.
(7) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection C(7), Registered cultivation facility, added 10-13-2010 by Ord. No. 10-336, was repealed 9-10-2018 by Ord. No. 18-337.
(8) 
Day-care center (small or large).
[Added 3-13-2017 by Ord. No. 17-096[2]]
[2]
Editor's Note: This ordinance also redesignated former Subsection C(8) as Subsection C(9).
(9) 
Marijuana cultivation facility, marijuana manufacturing facility, or marijuana testing facility, provided that:
[Added 12-11-2017 by Ord. No. 17-378[3]; amended 4-23-2018 by Ord. No. 18-151; 9-10-2018 by Ord. No. 18-337]
(a) 
The building in which the facility is located must be at least 1,000 feet from, or on the other side of a controlled access highway from, the real property comprising any public or private elementary or secondary school or school dormitory, juvenile shelter, orphanage, public playground, or public park as defined in § 231-2 of this Code.
[Amended 1-28-2019 by Ord. No. 19-074]
(b) 
The building in which the facility is located must be at least 300 feet from, or on the other side of a controlled access highway from, any church, chapel, parish house, other place of worship, day care, or dwelling on a residential parcel, measured by a straight line from building to building.
[Amended 9-24-2018 by Ord. No. 18-355; 1-28-2019 by Ord. No. 19-074]
(c) 
The building in which the facility is located must be connected to public sewer and water, and must comply with all public sewer and water regulations.
(d) 
The building in which the facility is located must be a separate building from any use that is not a marijuana cultivation facility, marijuana manufacturing facility, or marijuana testing facility, unless said use is accessory to the marijuana cultivation facility, marijuana manufacturing facility, or marijuana testing facility.
(e) 
Notwithstanding the preceding subsection, no marijuana store may be accessory to a marijuana cultivation facility, marijuana manufacturing facility, or marijuana testing facility, nor may a marijuana cultivation facility, marijuana manufacturing facility, or marijuana testing facility otherwise sell marijuana directly to consumers.
[3]
Editor's Note: This ordinance also redesignated former Subsection C(9) as Subsection C(10).
(10) 
(Reserved)[4]
[4]
Editor's Note: Former Subsection C(10), regarding primary caregiver cultivation facilities, added 12-27-2017 by Ord. No. 18-042, was repealed 9-10-2018 by Ord. No. 18-337.
(11) 
Accessory uses on the same lot and customarily incidental to and subordinate to the above uses.
D. 
Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district:
(1) 
Solid waste transfer, sorting or recycling, incineration sites and facilities, provided that:
(a) 
Provisions are made for control of any windblown debris on the site and visual screening of any outdoor storage is installed.
(b) 
All materials to be handled at such a site are identified at the time of permit application and certification is provided that none of these materials are or contain hazardous substances.
(2) 
Petroleum product storage facilities, provided that:
(a) 
Such facilities are approved by the City Fire Chief as to proper fire prevention measures.
(b) 
No such facility is located within 300 feet of any residential use.
(3) 
Junkyards and automobile graveyards, provided that:
(a) 
They meet the minimum criteria of 30-A M.R.S.A. § 3751 et seq., as it may be amended from time to time.
[Amended 1-10-1994 by Ord. No. 94-55]
(b) 
Soil testing is provided which shows that there is no potential to impact surface and ground water quality.
(c) 
They are not located within 200 feet of a residential district.
(d) 
They are set back at least 200 feet from a public right-of-way.
(e) 
A fence must be provided and properly maintained at a minimum height of six feet around the perimeter of the outside storage area.
(f) 
Landscaping must be provided which meets the requirements of Article XIX, § 165-135D, Buffer Yard D.
(4) 
Quarries and gravel pits, provided that they meet the requirements of Article VI and that such a use is located not less than 2,500 feet from any residential district boundary line.
[Added 8-26-2013 by Ord. No. 13-269; amended 10-16-2013 by Ord. No. 13-308]
E. 
Prohibited uses. Any use not specifically permitted in this section or in Articles II through XII of this chapter is prohibited.
A. 
Statement of purpose. The Government and Institutional Service District is established to preserve and protect those areas of the City occupied by public and nonprofit institutional buildings or uses.
B. 
Basic requirements. Buildings or land used or occupied and buildings or structures erected, constructed, reconstructed, moved or structurally altered, whether permitted uses or conditional uses, shall comply with the requirements of this section, Articles II through XII and the specific development standards of Article XIX of this chapter.
C. 
Permitted uses. The following uses are permitted in this district:
[Amended 11-13-2002 by Ord. No. 02-368; 9-8-2003 by Ord. No. 03-265; 7-25-2005 by Ord. No. 05-204; 3-24-2008 by Ord. No. 08-104]
(1) 
Facilities operated by public agencies or private nonprofit organizations limited to health, education, social welfare and cultural uses, but excluding chemical dependency treatment facilities.
(2) 
Places of worship.
(3) 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection C(3), Group day-care or nursery school, was repealed 3-13-2017 by Ord. No. 17-096.
(4) 
Day-care center (small or large).
[Amended 3-13-2017 by Ord. No. 17-096]
(5) 
Cemeteries.
(6) 
Hospital complex when located on a major arterial street.
(7) 
Nursing home.
(8) 
Sports arenas and stadiums.
(9) 
Chemical dependency treatment facility, provided it is located on a major arterial street and has a curb cut on said arterial street which provides the primary point of vehicular access for the facility.
[Amended 12-10-2018 by Ord. No. 19-019]
(10) 
Radio and television broadcast towers, provided that:
(a) 
They do not exceed 195 feet in height, or the minimum height required under federal law, whichever is greater.
(b) 
They are set back from all property lines a minimum of 100% of the tower height.
(c) 
They are accessory to a public nonprofit use.
(d) 
They conform to the requirements of § 165-80.1.
(11) 
(Reserved)[2]
[2]
Editor’s Note: Former Subsection C(11), Registered dispensary, added 10-13-2010 by Ord. No. 10-336 [which ordinance also redesignated the-then Subsection C(11) as Subsection C(12)], was repealed 12-10-2018 by Ord. No. 19-020.
(12) 
Accessory uses on the same lot and customarily incidental to and subordinate to the above uses and to a use approved under Subsection D below.
D. 
Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district:
(1) 
Medical office or clinic when:
(a) 
Located in association with a hospital complex and on the same site; or
(b) 
Located on a major arterial street.
(2) 
Public utility and public service uses, provided that:
[Added 9-27-1999 by Ord. No. 99-308]
(a) 
Such facilities are not sited so as to create an extreme juxtaposition of the architectural scale or style to the detriment of existing buildings on adjacent lots.
(b) 
Such uses must be certified as necessary in the particular location to service the area and the community.
(c) 
That a Bufferyard "B" be established for front, side and rear yards.[3]
[3]
Editor's Note: Former Subsection D(3), Chemical dependency treatment facilities, added 11-13-2002 by Ord. No. 02-368, which immediately followed this subsection, was repealed 7-25-2005 by Ord. No. 05-204.
(3) 
Transitional housing.
[Added 3-15-2013 by Ord. No. 13-106]
(4) 
Secure Level IV residential care facility, provided that:
[Added 12-11-2017 by Ord. No. 18-031]
(a) 
The facility is located on the same parcel as an existing facility owned or operated by or on behalf of the state that provides residential care.
(b) 
The parcel upon which the facility is located is on a major arterial street.
E. 
Prohibited uses. Any use not specifically permitted in this section or in Articles II through XII of this chapter is prohibited.