City of Bangor, ME
Penobscot County
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Table of Contents
Table of Contents
[1]
Editor's Note: See also Schedule C, included as an attachment to this chapter.
The objective of the provisions within this article is to provide for the protection of a variety of natural and resource use environments in areas of the City where intensive development and provision of urban services are to be avoided due to inhospitable physiographic conditions, fragile environments and remoteness of access to transportation and other facilities. These areas should be managed to contribute to the welfare of the community by encouraging appropriate resource use and low-intensity living and recreation, while avoiding costly damage to sensitive environments and inefficient construction of urban infrastructure and private development. The proper balancing of preservation and utilization of these areas can pay great dividends to the community over time.
A. 
Statement of purpose. The Rural Residence and Agricultural District is established to preserve in agricultural use lands where urban development is generally not feasible because of the absence of public utilities and community facilities. As these utilities and facilities become available within the urban development boundary and a demand for urban land use develops, a change of zoning from agricultural to other districts may be made. Minimum lot sizes in this district are also intended to preserve the quiet, rural atmosphere and to conserve property values.
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; 4-28-2003 by Ord. No. 03-131; 4-24-2006 by Ord. No. 06-140; 3-24-2008 by Ord. No. 08-104]
(1) 
Agriculture.
(2) 
The sale of farm, nursery, dairy or poultry products within a structure having a gross floor area of not more than 500 square feet.
(3) 
Sale of farm products where:
(a) 
The retail area shall not exceed 2,500 square feet.
(b) 
The property is located on a major arterial street.
(c) 
The property is a working farm.
(4) 
One-family dwellings and one-family detached manufactured housing units.
(5) 
Home occupation or profession (subject to the requirements of Article IV).
(6) 
Municipal uses.
(7) 
Public utility and public service uses.
(8) 
Community living arrangements, in accordance with 30-A M.R.S.A. § 4357-A, as may be amended.
(9) 
Cluster subdivision for detached single-family dwellings, provided that:
(a) 
Such project has a minimum of five acres.
(b) 
Provision is made for the maintenance in perpetuity of open space areas in such a project.
(c) 
Such project receives approval under Article XVI of this chapter.
(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) 
Bed-and-breakfasts, provided that:
[Added 3-8-2010 by Ord. No. 10-076[1]]
(a) 
Meals provided are limited to patrons and their guests.
(b) 
It is limited to a maximum of 10 guest rooms.
(c) 
It provides, at a minimum, an A Buffer Yard or an equivalent of existing woody vegetation to buffer neighboring properties.
(d) 
The applicant demonstrates compliance with the State Plumbing Code for the proposed number of units.
[1]
Editor's Note: This ordinance also provided for the redesignation of former Subsection C(11) as Subsection C(12)
(12) 
Small landscaping services business, provided that:
[Added 12-14-2015 by Ord. No. 16-013[2]]
(a) 
The landscaping services use is accessory to the primary use of the parcel as a residence.
(b) 
Facilities, equipment, and storage areas are located at least 50 feet from the property line of any other parcel.
(c) 
At least 50 feet of existing or planted woody vegetation creating an effective visual barrier must be provided between facilities, equipment and storage areas and the property line of any adjacent parcel.
(d) 
No more than four people, including the owner, may be employed or used as independent contractors by the landscaping services business.
(e) 
A stockade fence at least six feet in height must enclose any storage or parking area on any side not facing a building on the parcel or a street adjacent to the parcel.
[2]
Editor's Note: This ordinance also redesignated former Subsection C(12) as C(13).
(13) 
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[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 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 12-27-2000 by Ord. No. 01-61]
(1) 
Excavations of soil or loam, provided that they meet the requirements of Article VI.[4]
[Added 10-16-2013 by Ord. No. 13-308]
[4]
Editor’s Note: Former Subsection D(1), regarding quarries and gravel pits, was repealed 8-26-2013 by Ord. No. 13-269.
(2) 
Animal pounds, kennels, animal hospitals, animal clinics, and animal crematoria, provided that such facilities are located at least 100 feet from any residential district and at least 150 feet from any residential building on an adjoining parcel.
[Amended 7-22-2013 by Ord. No. 13-237]
(3) 
Tenting and camping areas, golf courses and driving ranges (except miniature golf courses), provided that:
(a) 
They are located on the following arterial highways: Route 15 (Broadway) and Route 222 (Union Street).
(b) 
Such facilities are set back at least 50 feet from the street right-of-way line.
(c) 
Access drives are so located and designed to provide free, unobstructed views of vehicles from the drives and from the street and adequate stopping sight distances to such drives are available on the street.
(4) 
[5] Reconstruction of mobile home parks established prior to 1971, provided that:
[Added 10-27-2014 by Ord. No. 14-317]
(a) 
They have water service from the Bangor Water District sewer service from the City of Bangor and a minimum of 25 mobile home spaces.
(b) 
The reconstruction is done consistent with the requirements of § 165-121C.
[5]
Editor's Note: Former Subsection D(4), regarding radio and television towers, was repealed 3-24-2008 by Ord. No. 08-104 and pursuant to Ord. No. 08-105, adopted 3-24-2008, was made effective retroactively to 7-1-2007.
(5) 
Places of worship, provided that such site development is located on a major arterial street.
[Amended 8-27-2001 by Ord. No. 01-320]
(6) 
Cemeteries, provided that they meet the requirements for access drives in Subsection D(3)(c) above and conform to state statutes.
(7) 
Large landscaping services business, provided that:
[Added 12-14-2015 by Ord. No. 16-013]
(a) 
The property is five acres or larger in area.
(b) 
The property is on a major arterial street.
(c) 
Facilities, equipment, and storage areas are located at least 150 feet from the property line of any other parcel.
(d) 
A stockade fence at least six feet in height must enclose any storage or parking area on any side not facing a building on the parcel or a street adjacent to the parcel, or, in the alternative, at least 50 feet of existing or planted woody vegetation creating an effective visual barrier must be provided between facilities, equipment, and storage areas and the property line of any adjacent parcel.
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 Resource Protection District is established to preserve and protect certain areas, such as natural drainageways, floodplains, streams, rivers, wetlands, etc. The Resource Protection District is intended not only to preserve and protect open space land, water quality, productive habitat, biotic systems and scenic and natural areas consistent with the intent and purpose of this chapter but also to protect the inhabitants of the City from costs and consequences which may be incurred when unsuitable development occurs in such 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, Article VII and the specific development standards of Article XIX of this chapter.
C. 
Permitted uses. The following uses are permitted in this district:
(1) 
Timber harvesting in keeping with the requirements of Article VII.
(2) 
Agriculture, including the production of dairy products and crops and the keeping and raising of livestock and poultry, except for feed lots, in accordance with Article VII.
(3) 
Tree farms and forest nurseries.
(4) 
Harvesting of wild crops.
(5) 
Recreation trails, such as bicycle, hiking, saddle, carriage, ski, snowmobile and snowshoe trails.
(6) 
All activities necessary for managing and protecting the land, including but not limited to forest management activities, wildlife management, mineral exploration, surveying and fire protection.
(7) 
Other recreational activities not requiring structures.
(8) 
Individual private campsites.
(9) 
Accessory uses subordinate and incidental to the above permitted 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) 
Public utilities, including sewage collection and treatment, provided that:
(a) 
All the requirements of Article VII are met.
(b) 
An environmental impact statement is prepared which demonstrates that such use will create the minimum amount of environmental degradation necessary to install and operate such use.
(2) 
Piers, docks, wharves, breakwaters and bridges, provided that:
(a) 
All the requirements of Article VII are met.
(b) 
An environmental impact statement is prepared which demonstrates that the installation and operation of such a facility will have minimal negative impact on the immediate environment.
(3) 
Filling, grading or dredging, provided that:
(a) 
All the pertinent requirements of Article VII are met.
(b) 
The requirements of Article VI are met.
(c) 
A plan for precautions taken during construction to eliminate erosion and prevent environmental degradation and a plan for restoration of the site after construction, including revegetation, are submitted which demonstrate the minimal disruption of the environment in the immediate area.
(4) 
Road and driveway construction:
(a) 
Provided that such private drive is necessary to provide access to a permitted or conditional use established in conformance with the provisions of this chapter; or
(b) 
Where no reasonable route or location is available outside of the RP District Area as determined by the Planning Board.
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 Park and Open Space District is established to preserve parks, parkland and open space land. Such zoning will protect the public and private interests in these areas by limiting the uses to certain recreational and appropriate resource utilization 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, 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) 
Agricultural, including the production of dairy products and crops and the keeping and raising of livestock and poultry, except feedlots.
(2) 
Tree farms, forest nurseries and timber harvesting.
(3) 
Harvesting of wild crops.
(4) 
Public parks, playgrounds, reservations, preserves, sanctuaries and open and natural areas.
(5) 
Recreational trails, such as bicycle, hiking, saddle, carriage, ski, snowmobile and snowshoe trails.
(6) 
All activities necessary for managing and protecting the land, including but not limited to forest management activities, surveying and fire protection.
(7) 
Within the confines of the municipal auditorium, Bass Park fairgrounds and municipal golf course, activities which may customarily be carried on within these facilities, including but not limited to athletic events, exhibitions, conventions, entertainment, sales, recreation programs and sales and service which may be customary and incidental to such uses, unless limited or prohibited under Subsection D or E, and, within the confines of Bass Park, including the municipal auditorium, those uses which are permitted under the terms of the will and codicils thereto of the late Joseph P. Bass.
(8) 
Accessory uses on the same lot and customarily incidental to and subordinate to the above uses and uses approved under Subsection D below.
(9) 
Swimming pools, tennis courts, skating areas and other active recreational facilities, provided that:
(a) 
Such facilities are properly landscaped and in no case create an impervious surface of greater than 25%.
(b) 
Automobile access and parking areas shall be screened with natural vegetation, and any paved parking areas shall be broken up with shade trees to reduce heat generation and glare. Parking lots should be designed to reduce large concentrations of asphalt through internal green areas, varied layout and circulation, and use of traffic calming and pedestrian crosswalks.
[Amended 10-22-2007 by Ord. No. 07-322]
(10) 
Public utility and public service uses.
[Amended 2-27-1995 by Ord. No. 95-107]
D. 
Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district:
(1) 
Marinas, boat-launching facilities and related boat rentals, provided that:
(a) 
Such facilities do not create traffic volumes in excess of access road optimal operating capacity.
(b) 
Such facilities meet the requirements of Subsection C(9)(a) and (b) above.
(2) 
Botanical and zoological gardens and similar nature exhibits, provided that such facilities meet the requirements of Subsection D(1)(a) and (b) above.
(3) 
Concessions in support of any permitted or conditional use, provided that such facilities meet the requirements of Subsection D(1)(a) and (b) above.
E. 
Prohibited uses. Any use not specifically permitted in this section or in Articles II through XII of this chapter is prohibited.
[Amended 8-10-1992 by Ord. No. 92-343; 6-11-2001 by Ord. No. 01-188]
A. 
Statement of purpose. The Stream Protection District is established to preserve and protect defined streams in the developing areas of the City. The district is intended to ensure that the functions of such natural drainageways to provide fish and wildlife habitat, to support vegetation, to provide visual relief from development and to provide passive recreation opportunities are not encroached upon by future development in these development sites.
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, Article VII and the following specific development standards:
(1) 
Minimum setback from normal high-water line: 75 feet.
(2) 
Minimum lot size and other site development standards:
(a) 
For lots located totally within the district, the requirements of Article VII shall apply.
(b) 
For lots located partially within the district and partially within an abutting district defined in Article XIV or this article, the requirements of the abutting district shall apply, and the area within the Stream Protection District of such lots may explicitly be used to meet such standards.
C. 
Permitted uses. The following uses are permitted in this district:
(1) 
Timber harvesting in keeping with the requirements of Article VII.
(2) 
Agriculture, including the production of dairy products and crops and the keeping and raising of livestock and poultry, except for feed lots, in accordance with Article VII.
(3) 
Tree farms and forest nurseries.
(4) 
Recreation trails, such as bicycle, hiking, saddle, carriage, ski, snowmobile and snowshoe trails.
(5) 
All activities necessary for managing and protecting the land, including but not limited to forest management activities, wildlife management, mineral exploration, surveying and fire protection.
(6) 
Other recreational activities not requiring structures.
(7) 
Accessory uses to uses permitted in abutting zoning districts located on the same lot, provided that no such use may be located within 75 feet of the normal high-water line of the stream.
(8) 
Buffer yards as defined under the provisions of this chapter.
(9) 
Accessory uses subordinate and incidental to the above permitted use 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) 
Public utilities, including sewage collection and treatment, provided that:
(a) 
All the requirements of Article VII are met.
(b) 
An environmental impact statement is prepared which demonstrates that such use will create the minimum amount of degradation necessary to install and operate such use.
(2) 
Piers, docks, wharves, breakwaters and bridges, provided that:
(a) 
All requirements of Article VII are met.
(b) 
An environmental impact statement is prepared which demonstrates that the installation and operation of such a facility will have minimal negative impact on the immediate environment.
(3) 
Filling, grading or dredging, provided that:
(a) 
All pertinent requirements of Article VII are met.
(b) 
The requirements of Article VI are met.
(c) 
A plan for precautions taken during construction to eliminate erosion and prevent environmental degradation and a plan for restoration of the site after construction, including revegetation, are submitted which demonstrate the minimal disruption of the environment in the immediate area.
(4) 
Road and driveway construction:
(a) 
Provided that such private drive is necessary to provide access to a permitted or conditional use established in conformance with the provisions of this chapter; or
(b) 
Where no reasonable route or location is available outside of the Stream Protection District Area as determined by the Planning Board.
E. 
Prohibited uses. Any use not specifically permitted in this section or in Articles II through XII of this chapter is prohibited.
[Added 4-24-2006 by Ord. No. 06-138]
A. 
Statement of purpose. The Penjajawoc Marsh Overlay Zone is intended to balance natural resource protections with the rights of property owners to maintain the historic use and development potential of their properties. Through the use of cluster development standards, expanded open space and buffer zones can be provided adjacent to the Penjajawoc Marsh and its adjacent wildlife habitat. The Overlay Zone recognizes the Marsh as a significant wildlife 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 I through XII and the underlying zoning district in which they are located.
C. 
Penjajawoc Marsh/Bangor Mall Management Commission.
(1) 
Pursuant to § 23-30 the Penjajawoc Marsh/Bangor Mall Management Commission is authorized to:
(a) 
Meet with the potential developer to discuss the project and present recommendations and suggestions to the developer regarding the design of the development and the protection of the Penjajawoc Marsh and Stream, such recommendations to be consistent with the Comprehensive Plan and Land Development Code.
(b) 
Provide its comments and recommendations regarding such developments to the Planning Board for consideration by the Board at the time it reviews formal applications for such projects.
(2) 
Discussion between the developer and the Commission is intended to take place at the conceptual development stage well in advance of any submission seeking development approval. The requirements of this section shall in no way affect the rights of applicants under the Land Development Code or change or modify established deadlines for proceeding before the Planning Board.
D. 
The following additional requirements shall apply to properties in residential zoning districts:
(1) 
No structures shall be established within 250 feet of the upland edge of the Penjajawoc Marsh.
(2) 
The impervious surface area of any lot or portion of a lot located within 250 feet of the upland edge of the Penjajawoc Marsh, shall not exceed:
(a) 
Thirteen-thousand-sixty-eight square feet in the Rural Residence and Agricultural District.
(b) 
Three-thousand-six-hundred square feet of impervious area in the Low-Density Residential District.
(3) 
Residential subdivisions shall be developed using the cluster provisions of this Code.
(a) 
Detention ponds and paved surfaces shall not count towards the open space requirement, although the Planning Board may allow other stormwater control devices be included in the open space calculation.
(b) 
To avoid habitat fragmentation, the open space of any subdivision adjoining the Penjajawoc Marsh should be located so as to create the largest possible contiguous and unbroken upland buffer for the Marsh.
[Added 8-11-2008 by Ord. No. 08-251]
A. 
Statement of purpose. Allowing landowners/developers to set aside open space in advance of development or in situations where development may occur in phases is intended to address a number of public and developer concerns, including clustering open space in unified or continuous areas with the potential for protecting habitat and environmentally sensitive areas, allowing landowners to comprehensively plan for the development of entire parcels where such development may take place in phases, insuring usable common or public open spaces as an amenity to future subdivision residents, and allowing for developers and other interested parties to work toward land conservation in priority areas while maintaining the landowners' ability to develop a parcel at a future time.
B. 
Banked open space. Landowners within the Penjajawoc Marsh Overlay Zone seeking to set aside open space prior to the development or subdivision of a parcel, or at the time of subdivision approval in instances where there is remaining undeveloped acreage intended for future development may record their open space reservation in advance in order to meet future Land Development Code open space obligations, provided that the dedication/reservation meets the following standards. An open space set-aside may be credited toward any subsequent subdivision of the parcel of land that the applicant owned and that on the date of the application for the open space set-aside, contained the land proposed for the open-space set-aside.
C. 
Planning Board review and approval required. All lands to be set aside to meet future open space requirements shall be reviewed and approved by the Planning Board. In addition, the following requirements must be met:
(1) 
Any proposed dedication of land to the City of Bangor must be approved by the City Council prior to the Planning Board's final action on the application for an open space set-aside.
(2) 
Conservation easements and other nonfee reservations must be approved by the City Solicitor's Office and be executed and delivered to the Planning Office within 120 days of approval.
(3) 
Open space plans shall be signed by the Planning Board and recorded in the Penobscot Registry of Deeds by the applicant.
D. 
Determination of suitability. The Planning Board shall determine the suitability of land for future open space based on its ability to meet current and anticipated open space needs of the anticipated residents of developments to be constructed on the parcel and those of the City of Bangor. In addition to being consistent with the Comprehensive Plan of the City of Bangor, land banked shall meet one or more of the following conditions:
(1) 
Be consistent with the open space plan of the City of Bangor.
(2) 
Be recognized as a valuable wildlife habitat,
(3) 
Be recognized as a sensitive environmental area.
(4) 
Provide valuable scenic qualities.
(5) 
Be recognized as of historic or archaeological value.
(6) 
Provide significant upland areas for recreational use.
E. 
Submission requirements. Applicants shall provide the Planning Board with information as deemed necessary for the Board to evaluate the condition and character of the land to be preserved, such as available data concerning:
(1) 
Boundary lines.
(2) 
Topography.
(3) 
Wetlands.
(4) 
Soils.
(5) 
Wildlife habitat.
F. 
Other conditions. The following conditions also apply to open space banking:
(1) 
Land outside the Penjajawoc Marsh Overlay District shall not be eligible for banking under these provisions. Landowners whose property is partially within the Overlay District may utilize these provisions.
(2) 
Open space set-asides of less than three acres shall not be eligible for banking unless the banked land is part of a phased development plan where the total open space set aside and land banked equals three acres or more.
(3) 
To the greatest extent possible, the proposed open space area shall be contiguous with other open spaces.
(4) 
Banked open space does not alter a landowners requirement to demonstrate that any subsequent development meets the requirements for subdivision approval. As such, banked open space must meet applicable open space requirements of § 165-128 of the Land Development Code.
(5) 
Land already protected from development by local state, or national regulation may be considered but will be viewed as less desirable than land suited for development.
(6) 
Subsequent modifications of a previously set-aside open space may be requested at the point where Planning Board approval is sought for an initial subdivision, where none has been previously approved, or any modification of an existing approved subdivision. Such modifications shall only be granted by the Planning Board upon a showing by the applicant that the modification is necessary to improve the ability of the overall open space set aside to preserve or to improve the preservation of a valuable wildlife habitat or a sensitive environmental area and where other parties with standing have agreed to the proposed modification.
(7) 
Should the requirements of the Land Development Code for open space increase subsequent to the time at which the set aside is approved and prior to the time of future development, the applicant/developers shall be required to provide, from within the original source parcel, additional open space sufficient to meet the then current open space requirement, taking into consideration the credit previously provided by any earlier open space set-asides.