[1]
Editor's Note: See also Schedule B, included as an attachment to this chapter.
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.
[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]
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:
[Amended 9-11-2023 by Ord. No. 23-258]
(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.
(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.
(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.
(6)
Accessory dwelling units, under the conditions required by § 165-31.2.
[Added 12-23-2019 by Ord. No. 20-017[2]]
[2]
Editor's Note: This ordinance added this new provision as Subsection C(5) and renumbered the current Subsection C(5) as Subsection C(6), but because Ord. No. 17-196, adopted 3-13-2017 added a new Subsection C(5) and renumbered the existing Subsection C(5) as Subsection C(6), the new material adopted by Ord. No. 20-017 was added as Subsection C(6) and the existing Subsection C(6) was redesignated as Subsection C(7).
(8)
Tiny
home park.
[Added 10-24-2022 by Ord.
No. 22-349[4]]
[4]
Editor's Note: This ordinance also redesignated Subsection C(7) as Subsection C(8), but because Ord. No. 22-329, adopted 10-12-2022, redesignated 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).
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:
(2)
Boardinghouses that are located on a major arterial street.
[Added 6-27-2022 by Ord. No. 22-214]
(3)
One-family detached manufactured housing unit complex, provided that:
(4)
Permanent supportive housing.
[Added 10-11-2023 by Ord. No. 23-295]
(5)
(Reserved)
[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.
(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]
(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).
D.
Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district:
(2)
Mobile home parks, provided that:
(3)
(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.
(6)
Major essential service facilities, provided that:
[Amended 10-12-2022 by Ord. No. 22-329]
(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]
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.
(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.
(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).
(18)
(19)
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:
(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.
(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.
(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.
(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.
(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]
(10)
Major essential service facilities, provided
that:
[Amended 10-12-2022 by Ord. No. 22-329]
(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
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]
(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.
(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).
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.
(5)
Warehousing or wholesaling of goods and materials,
provided that:
(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]
(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.
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:
(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.
(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]
(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.
(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.
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.
[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.
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:
(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).
(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:
