City of Bangor, ME Article XIV Developing Areas [1]

[1] Editor's Note: See also Schedule B, included as an attachment to this chapter.

§ 165-98 Objective.

A. The objective of the provisions in this article is to provide guidance for the future development of those areas being converted from rural to urban uses. Use intensity and other development standards are based upon the availability of a full range of urban services and infrastructure, while allowing for traditional, low-rise construction and the preservation of the essential elements of the natural environment by the inclusion of open space and plant life within individual projects as well as the overall area.

(1) Residential development provisions allow for a wide range of housing types and siting arrangements within and among the various projects, ranging from traditional single-family detached dwellings accommodated entirely on their own lots to a variety of innovative group developments, including zero-lot-line detached housing, townhouse and apartment complexes.

(2) Commercial development provisions address a variety of market conditions, including existing shopping mall complexes and arterial streets, linear models, as well as future commercial parks.

(3) Wholesaling, warehousing and industrial uses are accommodated in the modern industrial park setting, which assures an attractive and functional environment with access to the area's transportation facilities and other support systems.

B. These areas of the City lie outside of the older, developed urban area and, therefore, provide opportunity for developing complexes of compatible building types and siting amenities on a larger scale than the traditional lot-by-lot process. Flexibility is to be encouraged in group developments where overall project control is vested in a single entity.

§ 165-99 Low-Density Residential District (LDR).

[Amended 12-27-2000 by Ord. No. 01-61; 4-24-2006 by Ord. No. 06-140; 5-14-2007 by Ord. No. 07-156; 4-27-2015 by Ord. No. 15-137; 3-13-2017 by Ord. No. 17-096; 12-23-2019 by Ord. No. 20-017; 6-27-2022 by Ord. No. 22-214; 10-12-2022 by Ord. No. 22-329; 10-24-2022 by Ord. No. 22-349; 9-11-2023 by Ord. No. 23-258; 10-11-2023 by Ord. No. 23-295; 10-23-2023 by Ord. No. 23-308; 9-23-2024 by Ord. No. 24-279]

A. Statement of purpose. The Low-Density Residential District is established to provide for both traditional and innovative family living on both individual lots and in attached development arrangements to promote a stable, healthy and desirable residential environment.

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:

(1) One-family detached dwellings, with additional dwelling units permitted given the following:

(a) If the lot is inside the Growth Boundary defined in the City's most recently adopted Comprehensive Plan:

[1] If no dwelling exists on a lot, up to four units are allowed, either detached or attached.

[2] If one dwelling unit exists on the lot, up to two additional units are allowed, one being attached to or within the primary dwelling and one being detached.

[3] If two dwelling units exist on a lot, no additional units are allowed.

(b) If the lot is outside the Growth Boundary defined in the City's most recently adopted Comprehensive Plan:

[1] If no dwelling exists on a lot, up to two units are allowed, either detached or attached.

[2] If one dwelling unit exists on the lot, up to two additional units are allowed, one being attached to or within the existing dwelling and one being detached.

[3] If two dwelling units exist on a lot, no additional units are allowed.

(c) If dwelling units are demolished after the date this section is adopted and the demolition results in an empty lot, there can be no increase in the number of units above what existed on the lot prior to demolition.

(2) Home occupation or profession (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) Cluster subdivision for detached one-dwelling-unit buildings, provided that:

(a) Such subdivision contains a minimum area of three acres.

(b) Overall density shall not exceed three dwelling units per gross acre.

(c) The minimum lot size is 8,000 square feet.

(d) Provision is made for the maintenance in perpetuity of open space areas in such a project.

(e) Such project receives approval under Article XVI of this chapter.

(f) Such project has water service from the Bangor Water District.

(g) Lots less than one acre shall be served by sewer service from the City of Bangor.

(5) Small day-care center, provided that it is operated at a dwelling by a resident or residents of the dwelling.

(6) Accessory dwelling units, under the conditions required by § 165-31.2.

(7) Minor essential service facilities, under the conditions required by § 165-80.3.

(8) Tiny home park.

(9) Hosted and non-hosted short-term rentals (subject to licensing requirements in Chapter 254).

(10) Accessory uses on the same lot and customarily incidental to and subordinate to the above uses and any 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) Attached residential, provided that:

(a) Such site development contains a minimum area of three acres.

(b) Such site development does not exceed five dwelling units per acre.

(c) Such site development meets the requirements for such a development in Article XIX.

(d) Such site development receives approval under Article XVI.

(e) Such site development has water service from the Bangor Water District.

(f) Such site development has sewer service from the City of Bangor.

(2) Boardinghouses that are located on a major arterial street.

(3) One-family detached manufactured housing unit complex, provided that:

(a) Such site development contains a minimum land area of five acres.

(b) Such site development does not exceed 3 1/2 dwelling units per acre.

(c) Such project meets the requirements for such a development in Article XIX.

(d) Such site development receives approval under Article XVI.

(4) Permanent supportive housing.

(5) Manufactured home parks, provided that:

(a) They meet the requirements of Article XVII.

(b) They receive site development approval under Article XVI.

(6) Places of worship and nursing homes, provided that:

(a) They are located on a major arterial street.

(b) They meet the requirements of Article XIX.

(c) The site development receives approval under Article XVI.

(d) The site has an impervious surface ratio of no more than 0.30.

E. Prohibited uses. Any use not specifically permitted in this section or in Articles II through XII of this chapter is prohibited.

§ 165-100 High-Density Residential (HDR).

[Amended 1-24-2000 by Ord. No. 00-82; 12-27-2000 by Ord. No. 01-61; 4-27-2015 by Ord. No. 15-137]

A. Statement of purpose. The High-Density Residential District is established to provide for single-family dwellings and a wide variety of multifamily and group housing arrangements to promote a stable, healthy and desirable residential environment.

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:

(1) A single building containing one dwelling unit.

(2) One or more buildings containing two to six dwelling units.

(a) An affordable housing density bonus may be allowed, subject to the requirements of Article XXI.

[Added 9-11-2023 by Ord. No. 23-258]

(3) One or more buildings containing seven to 12 dwelling units, provided that:

[Amended 9-11-2023 by Ord. No. 23-258]

(a) Parcel is a minimum of two acres in size.

(b) Affordable housing density bonus may be allowed, subject to the requirements of Article XXI.

(4) Home occupation or profession (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) Small day-care center.

[Amended 3-13-2017 by Ord. No. 17-096]

(7) Minor essential service facilities, under the conditions required by § 165-80.3.

[Added 10-12-2022 by Ord. No. 22-329[1]]

[1] Editor's Note: This ordinance also redesignated former Subsection C(7) as Subsection C(8).

(8) Tiny home park.

[Added 10-24-2022 by Ord. No. 22-349[2]]

[2] Editor's Note: This ordinance also redesignated former Subsection C(7) as Subsection C(8), but because Ord. No. 22-329, adopted 10-22-2022, redesignated former Subsection C(7) as Subsection C(8), the new material adopted by Ord. No. 22-349 was added as Subsection C(8) and the existing Subsection C(8) was redesignated as Subsection C(9).

(9) Hosted and non-hosted short-term rentals (subject to licensing requirements in Chapter 254).

[Added 10-23-2023 by Ord. No. 23-308]

(10) Accessory uses on the same lot and customarily incidental to and subordinate to the above uses and any 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) One or more buildings containing 13 to 30 dwelling units, provided that:

[Amended 9-11-2023 by Ord. No. 23-258]

(a) The parcel is a minimum of three acres in size.

(b) Affordable housing density bonus may be allowed, subject to the requirements of Article XXI.

(2) Mobile home parks, provided that:

(a) They meet the requirements of Article XVII.

(b) (Reserved)[3]

[3] Editor's Note: Former Subsection D(2)(b) through D(2)(e), were repealed 8-28-2023 by Ord. No. 23-245.

(c) (Reserved)

(d) (Reserved)

(e) (Reserved)

(f) They receive site development approval under Article XVI.

(3) Congregate housing, including subsidized housing for the elderly, provided that:

(a) The site development contains a minimum of two acres.

(b) No building contains more than 100 dwelling units.

(c) Development density does not exceed 25 dwelling units per acre.

(d) Buildings in excess of 50 units shall include two or more architectural elements minimizing building bulk and mass from the following list:

[1] Changes in facade materials.

[2] Changes in color.

[3] Changes in alignment of building facades.

(4) Cluster subdivision for buildings containing one dwelling unit, provided that:

(a) The subdivision contains a minimum total site development area of five acres.

(b) The subdivision is served by both sewer service from the City of Bangor and water service from the Bangor Water District.

(c) The subdivision and related buildings shall be subject to conditional use review, including architectural guidelines included in development covenants and deed restrictions such as a homeowners' association or other means. The construction of each individual structure does not require separate conditional use review.

(5) Places of worship and nursing homes, provided that:

(a) They are located on a major arterial street.

(b) The site development receives approval under Article XVI.

(6) Major essential service facilities, provided that:

[Amended 10-12-2022 by Ord. No. 22-329]

(a) Such use is necessary to the viability of the area or the community.

(b) Such use is designed and sited so that it will not adversely affect adjacent uses because of too close proximity of architecturally incompatible structures or other visual impact.

(7) Day-care center, provided that:

(a) Such use will provide a B Buffer Yard along any property line within 50 feet of any residential structure or an A Buffer Yard along any property line abutting any residential zoning district.

(b) Such use will not be located in a structure which is more than 175% the size of existing residential structures located on abutting parcels in height or gross floor area.

(8) Boardinghouses that are located on a major arterial street.

[Added 6-27-2022 by Ord. No. 22-214]

(9) Permanent supportive housing.

[Added 10-11-2023 by Ord. No. 23-295]

(10) Co-living dormitory, provided that:

[Added 3-11-2024 by Ord. No. 24-089; amended 9-9-2024 by Ord. No. 24-259]

(a) The facility is located within 1/2 mile of a public transit route at the time of approval by the Planning Board.

(b) An innkeepers' license is obtained prior to operation.

E. Prohibited uses. Any use not specifically permitted in this section or in Articles II through XII of this chapter is prohibited.

§ 165-101 Shopping and Personal Service District (S & PS).

A. Statement of purpose. The Shopping and Personal Service District is established to provide retail and service activities catering to the individual and to create opportunities for the beneficial collocation of compatible businesses, as in shopping centers, where easy automobile and pedestrian access is necessary.

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) Business office or professional office.

(2) Retail or service business 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 sale, with outdoor display area limited to 1% of the gross floor area of the building.

(3) Motel, hotel or inn.

(4) Schools conducted for profit, such as trade, business, dance, gymnastics and music schools.

(5) Fitness centers.[1]

[Added 3-8-2021 by Ord. No. 21-101]

[1] Editor's Note: Former Subsection C(5), Group day-care or nursery school, was repealed 3-13-2017 by Ord. No. 17-096.

(6) Day-care center (small or large).

[Amended 3-13-2017 by Ord. No. 17-096]

(7) Enclosed recreation centers for profit.

(8) Community service organizations.

(9) Private membership social and fraternal clubs.

(10) Restaurants.

(11) Places of worship.

(12) Clinic, medical or dental.

[Added 11-13-2002 by Ord. No. 02-370[2]]

[2] Editor's Note: This ordinance also redesignated former Subsection C(12) as C(13).

(13) Parking garage.[3]

[Added 3-8-2021 by Ord. No. 21-101]

[3] Editor's Note: Former Subsection C(13), Registered dispensary, added 10-13-2010 by Ord. No. 10-336 [which ordinance also redesignated the-then Subsection C(13) as Subsection C(14)], was repealed 12-10-2018 by Ord. No. 19-020.

(14) Information processing and communications facilities.

[Added 10-12-2016 by Ord. No. 16-364[4]]

[4] Editor's Note: This ordinance also redesignated former Subsection C(14) as Subsection C(15).

(15) Marijuana store, provided that:

[Added 3-12-2018 by Ord. No. 18-107[5]; 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 retail 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.

[5] Editor's Note: This ordinance also redesignated former Subsection C(15) as Subsection C(16).

(16) Personal services establishment.

[Added 3-8-2021 by Ord. No. 21-101[6]]

[6] Editor's Note: This ordinance also redesignated former Subsection C(16) as Subsection C(17).

(17) Minor essential service facilities, under the conditions required by § 165-80.3.

[Added 10-12-2022 by Ord. No. 22-329[7]]

[7] Editor's Note: This ordinance also redesignated former Subsection C(17) as Subsection C(18).

(18) Multifamily detached dwellings, provided that:

[Added 6-12-2023 by Ord. No. 23-156[8]; amended 9-11-2023 by Ord. No. 23-258]

(a) The lot does not have frontage on Hammond Street or Union Street.

(b) Affordable housing density bonus may be allowed, subject to the requirements of Article XXI.

[8] Editor's Note: This ordinance also redesignated former Subsection C(18) as Subsection C(20).

(19) A mixed residential and commercial use, provided that:

[Added 6-12-2023 by Ord. No. 23-156]

(a) The commercial activity is a use permitted in this Subsection C, except that marijuana stores would not be permitted.

(b) The lot does not have frontage on Hammond Street or Union Street.

(c) Affordable housing density bonus may be allowed, subject to the requirements of Article XXI.

[Added 9-11-2023 by Ord. No. 23-258]

(20) Hosted and non-hosted short-term rentals (subject to licensing requirements in Chapter 254).

[Added 10-23-2023 by Ord. No. 23-308[9]]

[9] Editor's Note: This ordinance also redesignated former Subsection C(20) as Subsection C(21).

(21) Co-living dormitory, provided that:

[Added 3-11-2024 by Ord. No. 24-089[10]; amended 9-9-2024 by Ord. No. 24-259]

(a) The facility is located within 1/2 mile of a public transit route at the time of approval by the Planning Board.

(b) An innkeepers' license is obtained prior to operation.

[10] Editor's Note: This ordinance also redesignated former Subsection C(21) as C(22).

(22) Accessory uses on the same lot and customarily incidental to and subordinate to the above uses and any 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) High-rise hotel, provided that:

(a) Such use meets height requirements of this chapter (Article XIX), with the exception of the district maximum for this district, which may be up to 60 feet for this use.

(b) Such use has a maximum floor area ratio not to exceed 0.7.

(c) The other requirements of Article XIX are met.

(2) Self-storage facility, provided that:

[Amended 3-11-2019 by Ord. No. 19-105]

(a) No more than 1,000 square feet of floor area are provided to any one customer except on a lot with a yard that abuts Bangor Mall Boulevard, Longview Drive, Stillwater Avenue or Hogan Road, where more than 1,000 square feet of floor area may be provided to one customer.

[Amended 3-8-2021by Ord. No. 21-101; 5-12-2021 by Ord. No. 21-168]

(b) No hazardous or highly flammable substances are stored.

(c) Retail sale of goods accessory to the storage use, such as sales of packing materials, storage supplies, and other such related goods, is allowed on site by the owner of the facility. No sales activity of goods or materials of any sort shall be conducted from individual storage units or by storage unit customers.

(d) The requirements of Article XIX are met.

(3) 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.

(c) The use is not located in the Penjajawoc Marsh Overlay Zone.

[Added 3-8-2021by Ord. No. 21-101]

(4) Drive-in business, 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.

(5) Gasoline service station, provided that:

(a) No gasoline pump shall be located within 100 feet of any existing residential building.

(b) Adequate queuing space is provided for at least two vehicles for each gas-dispensing nozzle without restricting automobile access to and egress from the site.

(c) The use is not located in the Penjajawoc Marsh Overlay Zone.

[Added 3-8-2021by Ord. No. 21-101]

(6) Warehousing or wholesaling of goods and materials, provided that:

[Amended 3-8-2021 by Ord. No. 21-101; 5-12-2021 by Ord. No. 21-168]

(a) The operation is conducted entirely within a building with no goods or materials stored outdoors.

(b) The gross floor area of a building housing such uses shall not exceed 20,000 square feet, except on a lot with a yard that abuts Bangor Mall Boulevard, Longview Drive, Stillwater Avenue or Hogan Road, where more than 20,000 square feet of floor area may be allowed.

(c) The use is not located in the Penjajawoc Marsh Overlay Zone.

(d) The requirements of Article XIX are met.

(7) Building supply or other retail or service business conducted within a building but which by virtue of the nature of the business or service shall require an outdoor display or storage area of greater than 1% of the gross floor area of the building, provided that:

(a) Exterior display or storage area shall not exceed 50% of the gross floor area of the building (or building area devoted to the use, whichever is less).

(b) No outdoor display will be located in any side yard or rear yard, nor will any outdoor storage be located in a front yard.

[Amended 9-14-1998 by Ord. No. 98-339]

(c) All display and storage areas will be separate from any vehicle parking and circulation areas and be screened from view from any public street.

(d) The requirements of Article XIX are met.

(8) Auto, truck, boat, manufactured or modular homes, agricultural and construction machinery sales, provided that:

[Amended 1-11-2010 by Ord. No. 10-039; 3-8-2021 by Ord. No. 21-101]

(a) No facilities to service such vehicles, homes, boats or machinery are included.

(b) Outdoor display of products shall not exceed 50% of the gross floor area of the building (or building area devoted to the use, whichever is less).

(c) No outdoor display or storage of products will be conducted in any side yard or rear yard.

(d) The use is not located in the Penjajawoc Marsh Overlay Zone.

(e) The requirements of Article XIX are met.

(9) A mixed residential and commercial use if the lot has frontage on Union Street, provided that:

[Amended 6-12-2023 by Ord. No. 23-156; 9-11-2023 by Ord. No. 23-258]

(a) The commercial activity is a use permitted in Subsection C above, except that marijuana stores would not be permitted.

(b) An affordable housing density bonus may be allowed, subject to the requirements of Article XXI.

(10) Major essential service facilities, provided that:

[Amended 10-12-2022 by Ord. No. 22-329]

(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.

(11) Entertainment or recreational use not wholly contained within a building, provided that:

[Added 9-8-2003 by Ord. No. 03-264]

(a) The applicant demonstrates that noise levels will not adversely affect any adjacent property.

(b) The boundary of the use area is not less than 300 feet from any existing residential building. For the purpose of this section, "use area" shall include any area where there will be any activity associated with the use, human or otherwise, but shall not include any required buffer yard.

[Amended 8-22-2005 by Ord. No. 05-269]

(c) Outdoor recreational facilities shall use full cutoff or directionally shielded lighting fixtures aimed towards the recreation area. All lighting shall be shielded to prevent light from directly shining on any adjacent property.

[Amended 8-22-2005 by Ord. No. 05-269]

(d) Outdoor recreational facilities shall provide, at minimum, a D-1 Buffer or equivalent using existing vegetation, or a combination of existing vegetation and new buffer elements, along any residential district boundary.

[Amended 8-22-2005 by Ord. No. 05-269]

(12) Manufacturing, compounding, assembling, packing, treatment, or warehousing or wholesaling of goods and products, provided that:

[Added 3-8-2021 by Ord. No. 101]

(a) The activity 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. The applicant must demonstrate that no adjacent property or business will be adversely affected by the use.

(b) The use is not located in the Penjajawoc Marsh Overlay Zone.

(c) The use is located on a lot with a yard that abuts Bangor Mall Boulevard, Longview Drive, Stillwater Avenue or Hogan Road.

[Amended 5-12-2021 by Ord. No. 21-168

(13) Multifamily detached dwellings if the lot has frontage on Union Street.

[Added 6-12-2023 by Ord. No. 23-156]

(a) An affordable housing density bonus may be allowed, subject to the requirements of Article XXI.

[Added 9-11-2023 by Ord. No. 23-258]

E. Prohibited uses. Any use not specifically permitted in this section or in Articles II through XII of this chapter is prohibited.

§ 165-102 General Commercial and Service District (GC & S).

A. Statement of purpose. The General Commercial and Service District is established to accommodate those retail, wholesale and service uses which, because of certain locational requirements and operational characteristics, are generally not compatible with residential areas nor easily integrated into those retail and service complexes, like shopping centers, which cater to the pedestrian. This incompatibility and diversity of permitted and conditional uses in these districts usually relegates them to major arterial street locations and areas where large sites are available to support outdoor storage and display needs.

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. 02-369; 7-25-2005 by Ord. No. 05-204; 6-26-2006 by Ord. No. 06-228; 3-24-2008 by Ord. No. 08-104]

(1) Any use permitted in a Shopping and Personal Service District in § 165-101C.

(2) Vehicular, equipment, mobile home and machinery sales and service.

(3) Building supply.

(4) Wholesale business conducted entirely within a building.

(5) Any retail or service business conducted within a building and which, by virtue of the nature of the business, shall require an outdoor display area in excess of 1% of the gross floor area of the building.

(6) High-rise hotel subject to the requirements of § 165-101D(1) of this article.

(7) Self-storage facility subject to the requirements of § 165-101D(2) of this article.

[Amended 3-11-2019 by Ord. No. 19-105]

(8) Clinic, medical or dental.

(9) Passenger intermodal facility.

(10) 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.

(11) Firearms range, provided that:

[Added 4-23-2019 by Ord. No. 19-138[1]]

(a) The range is indoors.

(b) The range is designed, constructed, and operated in accordance with the most recent Indoor Firing Range Design, Operations & Maintenance Criteria document, published by the Public Building Service of the General Service Administration, and is available for inspection by the Bangor Police Department during regular business hours and all hours during which the range is operated.

(c) No odors, or noise in excess of 65 dBA, resulting from the operation of the range shall be detectable at the property line.

[1] Editor's Note: This ordinance also redesignated former Subsection C(11) as Subsection C(12).

(12) Minor essential service facilities, under the conditions required by § 165-80.3.

[Added 10-12-2022 by Ord. No. 22-329[2]]

[2] Editor's Note: This ordinance also redesignated former Subsection C(12) as Subsection C(13).

(13) Hosted and non-hosted short-term rentals (subject to licensing requirements in Chapter 254).

[Added 10-23-2023 by Ord. No. 23-308[3]]

[3] Editor's Note: This ordinance also redesignated former Subsection C(13) as Subsection C(14).

(14) Accessory uses on the same lot and customarily incidental and subordinate to the above uses and any 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) Drive-in business, 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.

(2) Gasoline service station, provided that:

(a) No gasoline pump shall be located within 100 feet of any existing residential building.

(b) Adequate queuing space is provided for at least two vehicles for each gas-dispensing nozzle without restricting automobile access to and egress from the site.

(3) 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.

(4) Animal clinic or hospital, provided that:

(a) Such activity is conducted entirely within a completely enclosed building.

(b) Such building is located not less than 100 feet from any residential district boundary line and not less than 100 feet from any other primary use building (in any district).

(5) Warehousing or wholesaling of goods and materials, provided that:

(a) The operation is conducted within a building with goods or materials stored outdoors limited to an area which shall not exceed 20% of the building gross floor area.

(b) The gross floor area of a building housing such uses shall not exceed 20,000 square feet, except on a lot with a yard that abuts Bangor Mall Boulevard, Longview Drive, Stillwater Avenue or Hogan Road, where more than 20,000 square feet of floor area may be allowed.

[Amended 3-11-2024 by Ord. No. 24-090]

(c) The requirements of Article XIX are met.

(6) Entertainment or recreational use not wholly contained within a building, provided that:

(a) The applicant demonstrates that noise levels will not adversely affect any adjacent property.

(b) The boundary of the use area is not less than 300 feet from any existing residential building. For the purpose of this section, "use area" shall include any area where there will be any activity associated with the use, human or otherwise, but shall not include any required buffer yard.

[Amended 8-22-2005 by Ord. No. 05-269]

(c) Outdoor recreational facilities shall use full cut-off or directionally shielded lighting fixtures aimed towards the recreation area. All lighting shall be shielded to prevent light from directly shining on any adjacent property.

[Amended 8-22-2005 by Ord. No. 05-269]

(d) Outdoor recreational facilities shall provide, at minimum, a D-1 buffer or equivalent using existing vegetation, or a combination of existing vegetation and new buffer elements, along any residential district boundary.

[Amended 8-22-2005 by Ord. No. 05-269]

(7) Auto repair shop, provided that:

(a) All repairs are conducted wholly within a completely enclosed building.

(b) All vehicle storage areas (for repair vehicles) are completely screened from view from any direction (from off the site).

(c) All buildings containing repair areas are properly soundproofed to prevent any noise from repair activities from adversely affecting any adjacent property.

(8) Light industry (including manufacturing, compounding and assembling or treatment of goods and products), provided that:

(a) The operation is conducted entirely within a building of not more than 20,000 square feet of floor area, with no goods or materials permanently stored outdoors, and temporary outdoor storage areas are limited to 4,000 square feet in area with no such area located between the building and any street line.

(b) The building is properly soundproofed to prevent any noise from manufacturing activity from adversely affecting any adjacent property.

(c) There will be no noxious or odoriferous fumes generated by the activity.

(9) Major essential service facilities, provided that:

[Amended 10-12-2022 by Ord. No. 22-329]

(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.

(10) Chemical dependency treatment facility, provided that:

[Added 7-25-2005 by Ord. No. 05-204]

(a) Adequate interior waiting area is provided and maintained to ensure that there will be no exterior queuing.

(b) Parking is provided at the rate of one space per 150 square feet of gross floor area.

(c) The main entrance is located at least 100 feet from the main entrance of any other business in the same or an adjacent structure, measured by ordinary course of travel.

(d) The facility is located at least 300 feet from any public or private school or school dormitory, church, chapel, parish house or other place of worship, public library, juvenile shelter or orphanage, playground or public park, or residential zoning district boundary, measured by straight line from property line to property line or zoning boundary.

(11) A mixed residential and commercial use if the lot has frontage on Union Street, provided that:

[Added 6-12-2023 by Ord. No. 23-156; amended 9-11-2023 by Ord. No. 23-258]

(a) The commercial activity is a use permitted in § 165-101C, except that marijuana stores would not be permitted.

(b) An affordable housing density bonus may be allowed, subject to the requirements of Article XXI.

(12) Multifamily detached dwellings if the lot has frontage on Union Street.

[Added 6-12-2023 by Ord. No. 23-156]

(a) An affordable housing density bonus may be allowed, subject to the requirements of Article XXI.

[Added 9-11-2023 by Ord. No. 23-258]

E. Prohibited uses. Any use not specifically permitted in this section or in Articles II through XII of this chapter is prohibited.

§ 165-103 Industry and Service District (I & S).

A. Statement of purpose. The Industry and Service District is established to accommodate certain manufacturing, research, information processing and communications uses requiring uncongested, spacious and attractive surroundings as well as traditional manufacturing, warehousing, distribution centers, transportation terminals and certain commercial and repair service uses which require locations which ensure sufficient space on expansive sites for building expansion, parking and loading facilities and landscaping.

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 11-8-2004 by Ord. No. 04-323; 7-25-2005 by Ord. No. 05-204; 3-24-2008 by Ord. No. 08-104]

(1) Manufacturing, compounding, assembling, packing, treatment, warehousing or wholesaling of goods and products.

(2) Truck terminals and distribution centers.

(3) 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.

(4) Information processing and communications facilities.

(5) Research and testing facilities of a laboratory nature.

(6) Administrative offices of manufacturing, retail, banking, public utility, service or research corporations.

(7) Service business limited to office use.

(8) Retail sales which are incidental to any permitted use in Subsection C(1) through (7) above of this section.

(9) (Reserved)[1]

[1] Editor's Note: Former Subsection C(9), Group day-care or nursery school, was repealed 3-13-2017 by Ord. No. 17-096.

(10) Day-care center (small or large).

[Amended 3-13-2017 by Ord. No. 17-096]

(11) Building and construction contractors: Contractor facilities where materials and equipment storage may require extensive outdoor storage areas. Such operations may contain office, shop, processing, warehousing and other support functions.

[Amended 2-22-2010 by Ord. No. 10-060A]

(12) Vehicular, equipment, mobile home and machinery sales and service.

[Amended 12-10-2012 by Ord. No. 13-024]

(13) Minor essential service facilities, under the conditions required by § 165-80.3.

[Added 10-12-2022 by Ord. No. 22-329[2]]

[2] Editor's Note: This ordinance also redesignated former Subsection C(13) through (19) as Subsection C(14) through (20).

(14) Major essential service facilities.

[Amended 10-12-2022 by Ord. No. 22-329]

(15) Chemical dependency treatment facility, provided the property line is at least 300 feet from any residential district.

(16) (Reserved)[3]

[3] Editor's Note: Former Subsection C(15), Registered cultivation facility, added 10-13-2010 by Ord. No. 10-336, was repealed 9-10-2018 by Ord. No. 18-337.

(17) Fitness center, provided that:

[Added 3-26-2012 by Ord. No. 12-096[4]]

(a) The facility is housed in an existing building.

(b) The facility does not include other indoor recreational facilities, such as bowling alleys, tennis courts, pool halls, roller rinks or video arcades, or specific facilities for spectator events or competitions.

(c) The facility does not include large recreational/sports fields, such as golf courses, archery ranges, motorized sports, paintball or firearms. Smaller outdoor activities accessory to the fitness center are allowed.

[4] Editor's Note: This ordinance also redesignated former Subsection C(16) as Subsection C(17).

(18) Marijuana cultivation facility, marijuana manufacturing facility, or marijuana testing facility, provided that:

[Added 12-11-2017 by Ord. No. 17-378[5]; 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 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.

[5] Editor's Note: This ordinance also redesignated former Subsection C(17) as C(18).

(19) (Reserved)[6]

[6] Editor's Note: Former Subsection C(18), Primary caregiver cultivation facility, added 12-27-2017 by Ord. No. 18-042, was repealed 1-28-2019 by Ord. No. 19-074. Ordinance No. 18-042 also redesignated then-Subsection C(18) as Subsection C(19) and included a map which set forth the schools and related 500-foot school parcel buffers in the I&S and UID Zoning Districts, said map being on file in the City offices.

(20) Accessory uses on the same lot and customarily incidental to and subordinate to the above uses and any 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:

[Amended 5-14-2007 by Ord. No. 07-156]

(1) Auto repair shop, provided that:

(a) Sales of motor vehicles shall be prohibited.

(b) It meets the requirements of § 165-102D(7) of this article.

E. Prohibited uses. Any use not specifically permitted in this section or in Articles II through XII of this chapter is prohibited.

§ 165-103.1 Technology and Service District.

[Added 6-26-2006 by Ord. No. 06-224]

A. Statement of purpose. The Technology and Service District is established to provide for certain technology based business and office development sites for businesses seeking a business-park-type setting. The range of uses in this district will include office facilities, information processing and medical services. Some light industrial uses will be allowed, provided they can demonstrate no adverse impacts on adjacent businesses in the district.

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) Business or professional offices.

(2) Clinic, medical or dental.

(3) Research and testing laboratories.

(4) Day-care center (small or large).

[Amended 3-13-2017 by Ord. No. 17-096]

(5) Information processing and communications facilities.

[Amended 10-12-2016 by Ord. No. 16-364]

(6) Marijuana testing facility, provided that:

[Added 12-11-2017 by Ord. No. 17-378[1]; amended 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 testing facility, unless said use is accessory to the marijuana testing facility.

(e) Notwithstanding the preceding subsection, no marijuana store may be accessory to a marijuana testing facility, nor may a marijuana testing facility otherwise sell marijuana directly to consumers.

[1] Editor's Note: This ordinance also redesignated former Subsection C(6) as C(7).

(7) Minor essential service facilities, under the conditions required by § 165-80.3.

[Added 10-12-2022 by Ord. No. 22-329[2]]

[2] Editor's Note: This ordinance also redesignated former Subsection C(7) as Subsection C(8).

(8) Uses accessory and incidental 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) Any of the above uses with outdoor storage, provided the storage area shall be:

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(a) Limited to 5% of the building gross floor area, but not to exceed 2,000 square feet total.

(b) Screened from adjacent properties and the public street with a minimum C-2 buffer.

(2) Light industrial operations.

(a) Light industrial operations (including manufacturing, processing and assembly), provided that they:

[1] Do not create noise levels measured at the property line of the parcel that exceed 60 dBA.

[2] Do not cause vibration measurable at the property line.

[3] Do not create obnoxious or noxious odors discernible at the property line.

[4] Do not create smoke or dust discernible at the property line.

(b) Light industrial operations that provide outdoor storage shall meet the requirements of Subsection D(1) above.

(3) Drive-in businesses, provided that:

[Added 10-27-2014 by Ord. No. 14-314]

(a) They are limited to service businesses.

(b) They are located on Maine Avenue.

(c) They do not offer retail sales via drive-in service.

E. Prohibited uses. Any use not specifically permitted in this section or in Articles II through XII of this chapter is prohibited.