[1]
Editor's Note: See also Schedule A, included as an attachment to this chapter.
The districts under this article are established
to protect and enhance the use and development of those areas of the
City which are within the presently built-up urban service area. Use
provisions in these areas reflect, to a large degree, the historical
use, and development standards necessarily reflect traditional development
patterns and the minimum standards of previous ordinances. Nevertheless,
these district requirements allow for current market conditions and
even promote dynamic and innovative reuse and redevelopment where
appropriate, as well as fulfilling the long-recognized value of the
prevention of overcrowding, the balancing of activity with necessary
services and the reduction of destructive conflicts between competing
uses in order to make such areas viable, safe, efficient and healthy
for human occupancy and activity and to protect property values for
the individual and the community.
A.
Statement of purpose. The Urban Residence 1 District
is established to enhance and protect the essential established characteristics
of certain traditional, low-density residential areas of mostly single-family
detached dwellings or, where such development is desired, to promote
and encourage a suitable environment for family life.
B.
Basic requirements. Buildings or land used or occupied and buildings or structures erected, constructed, reconstructed, moved or structurally altered, whether permitted uses or conditional uses, shall comply with the requirements of this section, Articles II through XII and the specific development standards of Article XIX of this chapter.
C.
Permitted uses. The following uses are permitted in
this district:
[Amended 12-27-2000 by Ord. No. 01-61]
(1)
One-family detached dwellings, with additional dwelling
units permitted given the following:
[Amended 9-11-2023 by Ord. No. 23-258]
(a)
The lot is inside the Growth Boundary defined in the City's most
recently adopted Comprehensive Plan.
(b)
If no dwelling exists on a lot, up to four units are allowed, either
detached or attached.
(c)
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.
(d)
If two dwelling units exist on a lot, no additional units are allowed.
(e)
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.
D.
Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district:
A.
Statement of purpose. The Urban Residence 2 District
is established to stabilize and protect the essential characteristics
of certain traditional residential areas which are substantially developed
with one-family to four-family detached dwellings and to promote and
encourage a suitable environment for family life. Development in this
district is intended to be limited primarily to the existing low-
to medium-density residential use.
B.
Basic requirements. Buildings or land used or occupied and buildings or structures erected, constructed, reconstructed, moved or structurally altered, whether permitted uses or conditional uses, shall comply with the requirements of this section, Articles II through XII and the specific development standards of Article XIX of this chapter.
C.
A.
Statement of purpose. The Multifamily and Service
District is established to stabilize and protect the essential characteristics
of certain high-density residential areas located near the central
part of the City and to promote and encourage, insofar as compatible
with the intensity of land uses, a suitable environment for family
life. Development in this district includes all types of residential
use as well as certain service uses limited to locations along major
arterial streets.
B.
Basic requirements. Buildings or land used or occupied and buildings or structures erected, constructed, reconstructed, moved or structurally altered, whether permitted uses or conditional uses, shall comply with the requirements of this section, Articles II through XII and the specific development standards of Article XIX of this chapter.
C.
D.
Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district:
(3)
(4)
For historic landmarks and all principal use buildings within historic districts as designated under the provisions of Chapter 148, Historic Preservation, § 148-5 of the Code of the City of Bangor which meet the requirements of § 165-9.
[Amended 6-27-2011 by Ord. No. 11-191]
(a)
Any business office or professional office.
(5)
Office reuse. Existing buildings in the Multifamily
and Service District may be used for business and professional office
uses, subject to the following:
(a)
No additional floor area is added to the gross
floor area of the building which existed at the time of passage of
this chapter.
(b)
The total gross floor area in the building devoted
to such office use shall not exceed 6,500 square feet.
(c)
Off-street parking shall be provided under the
terms of this chapter without a variance for any number of required
spaces.
(d)
The exterior facade of the building will not
be altered to depart from its traditional architectural style, and
existing facade adaptations not in keeping with the rest of the building
shall be restored to a more compatible treatment.
(e)
All substandard conditions on the site shall
be corrected, if physically possible, including:
[1]
Elimination of unnecessary nonconforming signs
and removal of other accessory structures.
[2]
Elimination of excess curb cuts and narrowing
of excessively wide curb cuts.
[3]
Provision of planting and landscaping as provided
elsewhere in this chapter.
[4]
Provision of planting and landscaping in the
esplanade area within the public right-of-way along the full frontage
of the property or any property to be used in conjunction with the
proposed use.
[5]
Elimination of lighting not conforming to the
requirements of this chapter.
[6]
The paving of unpaved parking and driveway areas.
[7]
[8]
Repair of sidewalk in front of the property.
(6)
Permanent
supporting housing.
[Added 10-11-2023 by Ord. No. 23-295]
[Amended 1-9-1995 by Ord. No. 95-41; 12-27-2000 by Ord. No.
01-61; 5-12-2003 by Ord. No. 03-142]
A.
Statement of purpose. The Neighborhood Service District
is established to accommodate neighborhood commercial needs, including
small retail stores and low-impact office space. Because these districts
are located primarily in developed residential areas, land uses are
limited to commercial and mixed uses that will have minimal impact
on a neighborhood.
B.
Basic requirements. Buildings or land used or occupied and buildings or structures erected, constructed, reconstructed, moved or structurally altered, whether permitted uses or conditional uses, shall comply with the requirements of this section, Articles II through XII and the specific development standards of Article XIX of this chapter. In a Neighborhood Service District, no permitted nonresidential use may be established or conducted with an excess of 2,000 square feet of gross floor area and no goods or materials may be displayed or stored outdoors. No business, whether a permitted use or a conditional use, shall be open to the public between the hours of 11:00 p.m. and 6:00 a.m. No drive-in business shall be permitted.
C.
Permitted uses. The following uses are permitted in
this district:
(1)
Business or professional office.
(2)
Retail or service business (excluding retail auto
service).
(3)
Bed-and-breakfast.
(4)
Schools (limited to indoor instructional classrooms).
(5)
Day-care center (small or large).
[Amended 3-13-2017 by Ord. No. 17-096]
(6)
Takeout restaurants (not to exceed 12 seats; no consumption
of alcohol on the premises).
(7)
Places of worship.
(8)
Home occupation.
(9)
Mixed commercial-residential use.
(14)
Accessory uses on the same lot that are customarily
incidental to and subordinate to the above uses.
A.
Statement of purpose. The Urban Service District is
established to accommodate the shopping needs of a much larger consumer
population and area of residency than that served by the Neighborhood
Service District (NSD). Within this district, which is located in
relative proximity to existing residential areas and major thoroughfares,
a wider range of uses is permitted, including retailing and the furnishing
of certain personal, office and other services in primarily existing
commercially developed areas.
B.
Basic requirements. Buildings or land used or occupied and buildings or structures erected, constructed, reconstructed, moved or structurally altered, whether permitted uses or conditional uses, shall comply with the requirements of this section, Articles II through XII and the specific development standards of Article XIX of this chapter.
C.
Permitted uses. The following uses are permitted in
this district:
[Amended 12-27-2000 by Ord. No. 01-61]
(1)
Any business office or professional office.
(2)
Motel, hotel or inn.
(3)
Schools conducted for profit, such as trade, business,
dance and music schools.
(5)
Day-care center (small or large).
[Amended 3-13-2017 by Ord. No. 17-096]
(6)
Community service organizations.
(7)
Club or lodge, private.
(8)
Enclosed recreation centers conducted for profit.
(9)
Restaurants.
[Added 5-28-2014 by Ord. No. 14-136]
(10)
Places of worship.
(11)
Any other retail or service business (except those provided for in Subsection D below) conducted within a building with no goods or materials displayed or stored outside, except goods or materials displayed for retail sale with an outdoor display area limited to 1% of the gross floor area of the building.
(12)
Clinic, medical or dental.
[Added 11-13-2002 by Ord. No. 02-372]
(14)
Bar, tavern or lounge, provided that:
[Added 5-30-2012 by Ord. No. 12-145]
(a)
Such use must have established hours of operation which specifically
define the time during which said use may be allowed to operate. Such
hours will be a condition of approval under this section. In no event
shall such hours of operation begin before 7:00 a.m. or end after
1:30 a.m.
(b)
Such use must establish a maximum occupancy which will specifically
limit the number of persons allowed within the building at any one
time, and such occupancy limit will be a condition to any approval
under this section.
(c)
A noise limit will be established such that the maximum of 65 dBA
will not be exceeded in any abutting structure, on abutting property
or within the public right-of-way or any public area.
(d)
The applicant must demonstrate that sufficient parking of one parking
space for each four persons of established maximum occupancy is available
during the hours of operation to serve the establishment's patrons.
Such parking spaces must:
[1]
Be located within 500 feet of the building housing the use; and
[2]
Be under the control of the operator or owner of the establishment
(as evidenced in a binding written agreement between the operator
and the owner or their agent of the parking premises) and/or must
be public parking which is available during the hours of operation
as determined by the City of Bangor City Engineer.
(15)
Marijuana store, provided that:
[Added 3-12-2018 by Ord.
No. 18-107; amended 4-23-2018 by Ord. No. 18-151; 9-10-2018 by Ord. No. 18-337]
(a)
The building in which the facility is located must be at least 1,000 feet from, or on the other side of a controlled-access highway from, the real property comprising any public or private elementary or secondary school or school dormitory, juvenile shelter, orphanage, public playground, or public park as defined in § 231-2 of this Code.
[Amended 1-28-2019 by Ord. No. 19-074]
(b)
The building in which the facility is located must be at least
300 feet from, or on the other side of a controlled-access highway
from, any church, chapel, parish house, other place of worship, day
care, or dwelling on a residential parcel, measured by a straight
line from building to building.
[Amended 9-24-2018 by Ord. No. 18-355; 1-28-2019 by Ord. No. 19-074]
(c)
(Reserved)
(d)
No marijuana cultivation facility, marijuana manufacturing facility,
or marijuana testing facility may be accessory to a marijuana store.
(e)
No drive-in windows are allowed. No curbside or other pickup
of marijuana by persons outside the store is allowed.
(f)
Signage designed to appeal to persons under 21 years of age
is prohibited.
D.
Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district:
(1)
Gasoline service stations, provided that:
(3)
Drive-in business, except a drive-in movie theater,
provided that:
(a)
Adequate queuing space shall be provided for
vehicles without restricting vehicular movements on the site at access
points to any service road or street, including at least five spaces
for each service window or station at a drive-in bank or drive-in
restaurant.
(b)
Additional parking area is provided for vehicles
where any product is to be consumed on the premises or where service
to vehicles away from drive-up windows or stations is contemplated
or possible.
(5)
A mixed residential and commercial use, provided that:
(b)
In addition to the basic development standards required for the commercial use in this district in Article XIX, additional lot area will be provided commensurate to the requirements for residential units in the URD-2 District.
(c)
Additional off-street parking will be provided for the residential units in accordance with the off-street parking requirements in Article X.
(d)
The impervious surface limit for residential uses in the URD-2
District will be met.
[Amended 9-10-2018 by Ord. No. 18-315]
(6)
Any retail or service business conducted within a
building which, by virtue of the nature of the business or service,
shall require an outdoor display area in excess of 1% of the gross
floor area of the building, provided that:
A.
Statement of purpose. The Downtown Development District
is established to accommodate those retail, service and office uses
which are of City-wide or regional significance and are characteristic
of a central business district. Within this limited area of concentrated
activity and intensive development are found many prime retail activities
of City-wide significance, administrative offices of private organizations,
administrative offices and political seats of federal, state, county
and City government and offices of professional and nonprofessional
persons offering a variety of specialized services. New construction
and any alteration of existing buildings or land use should be consistent
with the objective to develop and maintain the central business area.
B.
Basic requirements. Buildings or land used or occupied and buildings or structures erected, constructed, reconstructed, moved or structurally altered, whether permitted uses or conditional uses, shall comply with the requirements of this section, Articles II through XII and the specific development standards of Article XIX of this chapter.
C.
Permitted uses. The following uses are permitted in
this district:
[Amended 12-27-2000 by Ord. No. 01-61]
(1)
Any business office or professional office.
(2)
Motel, hotel or inn.
(3)
Schools conducted for profit, such as trade, business,
dance, gymnastic and music schools.
(5)
Day-care center (small or large).
[Amended 3-13-2017 by Ord. No. 17-096]
(6)
Educational uses or cultural uses, such as museums,
libraries, theaters, sports arenas and convention centers.
(7)
Community service organizations.
(8)
Private membership, social and fraternal clubs.
(9)
Governmental office buildings.
(10)
Enclosed recreation centers.
(11)
Any other retail or service business (except as provided for under Subsection D below) conducted wholly within a building with no goods or materials displayed or stored outdoors, except goods or materials of a seasonal nature displayed for retail sales, with outdoor display area limited to 1% of the gross floor area of the building.
(12)
Parking garage or parking lot.
(13)
Bus terminal.
(14)
Residential units and boardinghouses, provided that:
[Amended 3-12-2018 by Ord. No. 18-123; 6-27-2022 by Ord. No. 22-214]
(a)
All residential units and rooms in boardinghouses located adjacent
to the following public ways and parks must be wholly located above
the ground floor:
[1]
Broad Street between West Market Square and Washington Street.
[2]
Columbia Street between Hammond Street and Middle Street.
[3]
Central Street between Harlow Street and Hammond Street.
[4]
Exchange Street between State Street and Washington Street.
[5]
Hammond Street between Court Street and the Kenduskeag Stream.
[6]
Harlow Street between State Street and Franklin Street.
[7]
Main Street between Union Street and Hammond Street.
[8]
Merchant's Plaza between West Market Square and Water Street.
[9]
Pickering Square.
[10]
State Street between Broadway and the Kenduskeag
Stream.
[11]
West Market Square.
(b)
Notwithstanding Subsection C(14)(a) above, a residential unit may be located on the ground floor adjacent to a public way or park listed in that subsection if, upon appeal to the Board of Appeals, the property owner can demonstrate that the property is otherwise incapable of earning an economic return on its value as appraised by a qualified real estate appraiser.
(15)
Place of worship.
(16)
Broadcast studios.
D.
Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district:
(1)
Gasoline service stations as part of a parking garage,
provided that:
(a)
Sight distances from access points on the site
are adequate to prevent traffic hazards from vehicles exiting or entering
travel lanes on adjacent streets.
(b)
Adequate queuing space is provided for gas-dispensing
areas which does not interrupt automobile access to and egress from
the site and which provides for at least three vehicles for each gas-dispensing
nozzle.
(2)
Wholesale business, provided that:
(3)
Drive-in banks or bank drive-up windows or automatic
teller machines, provided that adequate queuing space shall be provided
for vehicles, including at least five spaces for each service window
or station, without restricting vehicular movements on the site or
at access points to any service road or public street.
(4)
Major essential service facilities, provided that:
[Amended 10-12-2022 by Ord. No. 22-329]
(5)
Bar, tavern or lounge, provided that:
[Amended 7-22-1996 by Ord. No. 96-51; 2-9-2009 by Ord. No. 09-041; 5-27-2009 by Ord. No. 09-144]
(a)
Such use must have established hours of operation
which specifically define the time during which said use may be allowed
to operate. Such hours will be a condition of approval under this
section. In no event shall such hours of operation begin before 7:00
a.m. or end after 1:30 a.m., except that the hours of operation may
end at 2:30 a.m. on January 1 of each year.
(b)
Such use must establish a maximum occupancy which will specifically
limit the number of persons allowed within the building at any one
time, and such occupancy limit will be a condition to any approval
under this section.
(c)
A noise limit will be established such that the maximum of 65 dBA
will not be exceeded in any abutting structure, on abutting property
or within the public right-of-way or any public area.
[Amended 12-27-1993 by Ord. No. 92-42; 7-13-1998 by Ord. No.
98-266; 12-27-2000 by Ord. No. 01-61; 9-9-2002 by Ord. No. 02-319]
A.
Statement of purpose. The Waterfront Development District
is established to provide for the dynamic reuse of river and stream
frontage areas of the City in keeping with current market conditions
and community objectives. The range of use in these areas must include
some traditional water transportation activities, provision for the
interaction of water- and land-based activity and commercial uses
consistent with a recreational and/or visitor use of the area, as
well as opportunity to use existing building space for office, residential
and other complementary activities.
B.
Basic requirements. Buildings or land used or occupied and buildings or structures erected, constructed, reconstructed, moved or structurally altered, whether permitted uses or conditional uses, shall comply with the requirements of this section, the regulations of Chapter 71, the Bangor Center Revitalization Area Ordinance, where applicable, Articles II through XII and the specific development standards of Article XIX of this chapter.
[Amended 11-14-2007 by Ord. No. 07-323]
C.
Permitted uses. The following uses are permitted in
this district:
[Amended 12-12-2005 by Ord. No. 06-21; 6-26-2006 by Ord. No.
06-226]
(1)
Any business office or professional office, except
on the first floor of any building 250 feet from the mean high-water
line of the Penobscot River.
[Amended 11-14-2007 by Ord. No. 07-323]
(2)
Hotel, inn, conference or convention center.
(3)
Entertainment or recreation facilities, to include
museums, theaters, exposition halls or art galleries.
(4)
Restaurants.
[Amended 5-28-2014 by Ord. No. 14-136]
(5)
Any other retail or service business (except those referred to under Subsection D below) conducted within a building with no goods or materials displayed or stored outdoors, except goods or materials of a seasonal nature displayed for retail sale, with outdoor display area limited to 1% of the gross floor area devoted to said business within the building, but specifically excluding sales, leasing or service of automobiles and other equipment or machinery.
(6)
Residential use, except on the first floor of any
building 250 feet from the mean high-water line of the Penobscot River.
[Amended 11-14-2007 by Ord. No. 07-323]
(7)
Places of worship.
(8)
Passenger intermodal facilities and public service
uses.
(9)
Clinic, medical or dental, except on the first floor
of any building 250 feet from the mean high-water line of the Penobscot
River.
[Amended 11-14-2007 by Ord. No. 07-323]
D.
Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district:
[Amended 12-12-2005 by Ord. No. 06-21; 6-26-2006 by Ord. No.
06-226]
(1)
Marine-related commercial uses, to include boat sales
and service, docking and service, boat rental, tour boat and fishing
services and other aquatic activities requiring access to the river,
provided that:
(3)
Commercial establishments that provide for craftsmen,
artisans and others to craft, prepare, package and sell their products,
provided that:
(4)
Accessory drive-in service limited to financial institutions
and accessory retail sales but excluding retail auto service and drive-in
businesses serving food or beverages, provided that:
[Added 11-14-2007 by Ord. No. 07-323]
(a)
The use is located on a major arterial street.
(b)
The property maintains a minimum "C" buffer
between drive-in queue lanes, order stations and service windows and
the public street and adjacent properties.
(c)
Access drives shall not be located on major
arterial streets where the property has access to other streets.
[Added 11-22-2004 by Ord. No. 05-08]
A.
Statement of purpose. The Bass Park District is established
to provide for the dynamic use of this property in keeping with community
objectives and new development opportunities for the area in the vicinity
of Bass Park. The range of uses in this district must include some
traditional recreational activities, and innovative civic and commercial
uses consistent with the overall development plan for the Bass Park
complex that includes the creation of opportunities for the beneficial
collocation of compatible facilities.
C.
Permitted uses. The following uses are permitted in
this district:
(1)
Public parks, playgrounds, preserves and open
and natural areas.
(2)
Conference center and auditorium.
(3)
Hotel or inn.
(4)
Restaurants accessory to the other district
facilities.
[Amended 5-28-2014 by Ord. No. 14-136]
(5)
Retail or service businesses accessory to the
other district facilities.
(6)
Museum, exposition halls or art galleries.
(7)
Indoor and outdoor recreation facilities.
(8)
Race track.
(9)
Gaming facilities.
(10)
Parking garage or lot.
(11)
Activities that may customarily be carried out
within Bass Park, including but not limited to the Bangor State Fair,
exhibitions, conventions, entertainment, athletic events, recreation
programs, and sales and service that may be customary and incidental
to such uses.
(13)
Major essential service facilities.
[Amended 10-12-2022 by Ord. No. 22-329]
(14)
Accessory uses on the same lot and customarily
incidental to and subordinate to the above uses.
D.
Conditional uses: none.
A.
Statement of purpose. The Airport Development District
is established to accommodate those uses which, because of locational
requirements or operational characteristics, are appropriate to locate
at or in close proximity to an airport. This zone is for aviation
uses as well as certain manufacturing, retail and service uses which
generally would be considered compatible with an airport complex.
The Airport District is not designed to include those uses which would
be seriously affected by adverse noise and hazard factors inherent
in an airport operation.
B.
Basic requirements. Buildings or land used or occupied and buildings or structures erected, constructed, reconstructed, moved or structurally altered, whether permitted uses or conditional uses, shall comply with the requirements of this section, Articles II through XII and the specific development standards of Article XIX of this chapter.
C.
Permitted uses. The following uses are permitted in
this district:
[Amended 3-24-2008 by Ord. No. 08-104]
(1)
Airports, heliports, aircraft landing fields and related
operational and terminal facilities.
(2)
Aviation uses, including the sale, service or storage
of aircraft and aircraft parts.
(3)
Manufacturing and industrial uses which are in conformance
with the purpose of this district and which will not be noxious or
injurious by reason of the production or emission of dust, smoke,
odor, gas, fumes, refuse matter, noise, vibration or similar substances
or conditions when such uses are established as reuse of buildings
existing at the time of passage of this chapter and expansion of such
buildings.
(4)
Office use.
(5)
Hotels and motels when associated with the terminal
complex.
(7)
Major essential service facilities.
[Amended 10-12-2022 by Ord. No. 22-329]
(8)
Automotive rental agency.
(9)
Transportation uses, including intermodal transfer
facilities for freight transfer and temporary storage.
(10)
Restaurants.
[Amended 5-28-2014 by Ord. No. 14-136]
(14)
Accessory uses on the same lot and customarily
incidental to and subordinate to the above uses.
A.
Statement of purpose. The Urban Industry District
is established to accommodate the older, more traditional industrial
areas where a mixture of commercial and industrial uses exists without
the benefit of modern site development standards but which prevails
because of proximity to rail sidings or because it provides less expensive
facilities for warehousing or other industrial activity.
B.
Basic requirements. Buildings or land used or occupied and buildings or structures erected, constructed, reconstructed, moved or structurally altered, whether permitted uses or conditional uses, shall comply with the requirements of this section, Articles II through XII and the specific development standards of Article XIX of this chapter.
C.
Permitted uses. The following uses are permitted in
this district:
[Amended 7-25-2005 by Ord. No. 05-204; 3-24-2008 by Ord. No.
08-104]
(1)
Commercial, wholesaling, warehousing or industrial
uses.
(2)
Transportation terminals.
(4)
Major essential service facilities.
[Amended 10-12-2022 by Ord. No. 22-329]
(5)
Clinic, medical or dental.
(6)
Chemical dependency treatment facility, provided the
property line is at least 300 feet from any residential district.
(7)
Radio and television broadcast towers, provided that:
(10)
Marijuana cultivation facility, marijuana manufacturing facility,
or marijuana testing facility, provided that:
[Added 12-11-2017 by Ord.
No. 17-378[4]; amended 4-23-2018 by Ord. No. 18-151; 9-10-2018 by Ord. No. 18-337]
(a)
The building in which the facility is located must be at least 1,000 feet from, or on the other side of a controlled-access highway from, the real property comprising any public or private elementary or secondary school or school dormitory, juvenile shelter, orphanage, public playground, or public park as defined in § 231-2 of this Code.
[Amended 1-28-2019 by Ord. No. 19-074]
(b)
The building in which the facility is located must be at least
300 feet from, or on the other side of a controlled-access highway
from, any church, chapel, parish house, other place of worship, day
care, or dwelling on a residential parcel, measured by a straight
line from building to building.
[Amended 9-24-2018 by Ord. No. 18-355; 1-28-2019 by Ord. No. 19-074]
(c)
The building in which the facility is located must be connected
to public sewer and water, and must comply with all public sewer and
water regulations.
(d)
The building in which the facility is located must be a separate
building from any use that is not a marijuana cultivation facility,
marijuana manufacturing facility, or marijuana testing facility, unless
said use is accessory to the marijuana cultivation facility, marijuana
manufacturing facility, or marijuana testing facility.
(e)
Notwithstanding the preceding subsection, no marijuana store
may be accessory to a marijuana cultivation facility, marijuana manufacturing
facility, or marijuana testing facility, nor may a marijuana cultivation
facility, marijuana manufacturing facility, or marijuana testing facility
otherwise sell marijuana directly to consumers.
[4]
Editor's Note: This ordinance also redesignated former Subsection
C(9) as Subsection C(10).
(12)
Accessory uses on the same lot and customarily
incidental to and subordinate to the above uses.
D.
Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district:
(1)
Solid waste transfer, sorting or recycling, incineration
sites and facilities, provided that:
(a)
Provisions are made for control of any windblown
debris on the site and visual screening of any outdoor storage is
installed.
(b)
All materials to be handled at such a site are
identified at the time of permit application and certification is
provided that none of these materials are or contain hazardous substances.
(3)
Junkyards and automobile graveyards, provided that:
(a)
They meet the minimum criteria of 30-A M.R.S.A.
§ 3751 et seq., as it may be amended from time to time.
[Amended 1-10-1994 by Ord. No. 94-55]
(b)
Soil testing is provided which shows that there
is no potential to impact surface water and groundwater quality.
(c)
They are not located within 200 feet of a residential
district.
(d)
They are set back at least 200 feet from a public
right-of-way.
(e)
A fence must be provided and properly maintained
at a minimum height of six feet around the perimeter of the outside
storage area.
A.
Statement of purpose. The Government and Institutional
Service District is established to preserve and protect those areas
of the City occupied by public and nonprofit institutional buildings
or uses.
B.
Basic requirements. Buildings or land used or occupied and buildings or structures erected, constructed, reconstructed, moved or structurally altered, whether permitted uses or conditional uses, shall comply with the requirements of this section, Articles II through XII and the specific development standards of Article XIX of this chapter.
C.
Permitted uses. The following uses are permitted in
this district:
[Amended 11-13-2002 by Ord. No. 02-368; 9-8-2003 by Ord. No. 03-265; 7-25-2005 by Ord. No. 05-204; 3-24-2008 by Ord. No.
08-104]
(1)
Facilities operated by public agencies or private
nonprofit organizations limited to health, education, social welfare
and cultural uses, but excluding chemical dependency treatment facilities.
(2)
Places of worship.
(4)
Day-care center (small or large).
[Amended 3-13-2017 by Ord. No. 17-096]
(5)
Cemeteries.
(6)
Hospital complex when located on a major arterial
street.
(7)
Nursing home.
(8)
Sports arenas and stadiums.
(9)
Chemical dependency treatment facility, provided it
is located on a major arterial street and has a curb cut on said arterial
street which provides the primary point of vehicular access for the
facility.
[Amended 12-10-2018 by Ord. No. 19-019]
(10)
Radio and television broadcast towers, provided
that:
D.
Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district:
(2)
Major essential service facilities, provided that:
[Added 9-27-1999 by Ord. No. 99-308; amended 10-12-2022 by Ord. No. 22-329]
(3)
Transitional
housing, permanent supportive housing.
[Added 3-15-2013 by Ord. No. 13-106; amended 10-24-2022 by Ord. No. 22-348]
(4)
Secure
Level IV residential care facility, provided that:
[Added 12-11-2017 by Ord.
No. 18-031]
(5)
Emergency
shelters, provided that:
[Added 10-23-2023 by Ord. No. 23-307]
(a)
The parcel on which the facility is located is at least 100
feet from any parcel in a residential zone.
(b)
The facility shall provide adequate space for conducting security
searches and other assessments.
(c)
The facility shall be designed with a centralized shelter operations
office on each level providing sight lines to sleeping areas.
(d)
The facility shall be designed to provide adequate indoor space
to permit all shelter guests day shelter.
(e)
A management plan adequately outlining the following areas shall
be provided; management responsibilities; process for resolving neighborhood
concerns; staffing; access restrictions; on-site surveillance; safety
measures; controls for resident behavior and noise levels; and monitoring
reports.
(f)
The facility shall submit a transportation plan that identifies
how the transportation needs of guests will be fulfilled.
(g)
The facility shall provide on-site services to support residents,
such as case management, life skills training, counseling, employment
and educational services, housing assistance, or other programs.
(h)
Suitable laundry, kitchen, pantry, bicycle storage, and secure
storage facilities for shelter stayers shall be provided on-site.
(i)
An outdoor area for guest use shall be provided on-site with
adequate screening to protect privacy of guests.
(j)
The facility shall be eligible to participate in the Maine Housing
Emergency Shelter and Housing Assistance Program (ESHAP).
