[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.
(4)
One-family dwellings and one-family detached manufactured
housing units, 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.
(6)
Municipal uses.
(8)
Major essential service facilities.
[Amended 10-12-2022 by Ord. No. 22-329]
(9)
Community living arrangements, in accordance with
30-A M.R.S.A. § 4357-A, as may be amended.
(12)
Bed-and-breakfasts, provided that:
[Added 3-8-2010 by Ord. No. 10-076[2]]
(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.
[2]
Editor's Note: This ordinance also provided for the redesignation
of former Subsection C(11) as Subsection C(12)
(13)
Small landscaping services business, provided that:
[Added 12-14-2015 by Ord.
No. 16-013[3]]
(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.
[3]
Editor's Note: This ordinance also redesignated former Subsection
C(12) as C(13).
(16)
Tiny home park, provided that:
(a)
The site is located within the growth area delineated in the most
recently adopted Comprehensive Plan.
(17)
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]
(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), Route 222 (Union Street) and Stillwater Avenue.
[Amended 3-9-2020 by Ord. No. 19-363]
(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)
[10]Reconstruction of mobile home parks established prior to 1971 that are located outside the growth area delineated in the most recently adopted Comprehensive Plan, provided that the reconstruction is done consistent with the requirements of § 165-121C.
[Added 10-27-2014 by Ord. No. 14-317; amended 8-28-2023 by Ord. No. 23-245]
[10]
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.
(8)
Boardinghouses
that are located on a major arterial street.
[Added 6-27-2022 by Ord. No. 22-214]
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:
(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.
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:
(3)
Filling, grading or dredging, provided that:
(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.
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)
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(8) as Subsection C(11), former Subsection C(10) as Subsection C(9),
and former Subsection C(9) as Subsection C(10).
(9)
Major essential service facilities.
[Amended 2-27-1995 by Ord. No. 95-107; 10-22-2007 by Ord. No. 07-32210-12-2022 by Ord. No. 22-329]
(10)
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]
[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:
C.
Permitted uses. The following uses are permitted in
this district:
(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.
D.
Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district:
(3)
Filling, grading or dredging, provided that:
(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.
[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:
(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 to 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, ensuring 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 Division within 120 days of approval.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(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:
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 landowner's 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.
