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Home My WebLink About1996-03-25 96-161 ORDINANCECOUNCIL ACTION Amended Date April 8 1996 Item No. 96=161 Item/Subjects Amending Land Development Code - Chapter VIII, Article 15, Section 1.3 and Chapter VIII, Article 6, Section 9 - C. 0. S 96-161 (As Amended) Responsible Department: Planning s Community Development / The Planning Board held a public hearing on the above -noted zoning .amendment at its regularly.acheduled meeting of April 2, 1996. No one spoke either in favor of or in opposition to this zoning amendment. The Planning Board voted 5 to 0 in favor of a motion to recommend to the City Council that the zoning amendment contained inC.O. % 96-161 be approved, as amended. Departat Head Manager's Comments: 'O A n X3 mgt. i7u Qdm.nB1�,Kuw.[6AieCAAWid( y aw 4aM046 Ban R3 City Manager Associated Yn£ozmation: o�,� r 64YA�" A—aea,yAg Budget Approvals City Solicitor Introduced For -A- Passage _ First Reading Page 1 of I_ Referral Finance Director Legal Approval: City Solicitor Introduced For -A- Passage _ First Reading Page 1 of I_ Referral Awipud to Councilor 96-161 (ASA NDED) CITY OF BANGOR Amending the Laad Development Code - Chapter VIII, Article 15, (TITLE.) &YUMM ...... Section 1.3 and. Chapter VEIT,.Article -6,.Sectron7. ....... .................. ................. Be it ontaind by W Cid Council of City ofBau .W Jb a v the Land Development Code - Chapter VIB, Article 15, Section 1.3, be amended as follows: See 1 3 Ecanuffed I bes. ne following m pennitud in 6 a D'ctrlce C Aesessan) uttes an tite same lot and ear0onanil) incidental on and Audliary public utility structures; D. Accessory uses on the same lot and customarily incidental to and subordinate to the above uses and any use approved under Section 1.4, below. THAT the Land Development Code - Chapter VIII, Article 6, Section 7, be amended as follows: Sec. Z ..ili� Notwithstanding ft eppmi.rmeats ofthia QdjpgpGg, Aux'1'ary Public Utility Structures as u�ic� by this fur inmree,,: 1. Audibee andfimthe reau remenc of Ion wne in which they are located 2. shall be scr ened from a public m primate sued add from saw residential diardn;, including the district in which they are located, and 3, shall have a vegetated area surrounding the structure which at nnmmum conforms to the requirements of an B-2 or B-3 bufferyard. STATEMENT OF FACT: Existing teat is underlined existing underlined text is double undderlined, and deleted tear is stiueleon Nem No. 3: Zoning Amendment -Amending Chapter VIII, Article 15, Section 1.3 and Article 6, Section 7 -Auxiliary Public Utility Structures in LDR - City of Bangor, applicant - C.O. # 96-161. a. The Land Development Code provides for "public utility and public service" uses in many of its zoning districts. (These uses would have to apply for and receive site plan approval, etc., as any other use.) The Ordinance also dentes "auxiliary public utility structures" as being exempt from minimum lot size, lot coverage, width and frontage because these are non manned structures like transformers and automatic telephone switching stations which do not need parking and do not generate traffic, etc The "auxiliary public utility structures" at present are only allowed where the broader public utility and public service uses are permitted. For the most part the Ordinance does not provide for such uses in the built-up zones in the City. Also, they are not included in Low Density Residential districts, while they gtg provided for (either as a permitted or conditional use) in the other developing area zoning districts. b. This amendment would provide for the very limited"auxiliary public utility structure" to be placed in the LDR zone, which encompass areas that have a great deal of open, undeveloped land. While they would be exempt from minimum lot size, etc., as they are now, they would be required to have additional screening above and beyontl that required at present, because of the Potential for them to be a visual distraction in a Low Density Residential District. The amendment requires them to be screened and it requires them to have vegetated area which meets the A-2 or A-3 buffer yard. Since these have very little impact other than visual, the amendment provides for them as permitted uses in a Low Density Residential District. C. This zoning amendment can be viewed as a sort of "housekeeping" amendment to take care of a need for placement of these non manned utility structures in the developing area of the City and Staff would recommend that the Planning Board recommend approval of this Council Ordinance to the City Council. Data 03-25-1991996 Item No. 96=161 IteMSubject: Amending LanADevelopmmt Code-Permitauxiliary publicmility structures in Law Density Residential District. Responsible Department Code Enforcement Commentary This amendment would permit auxiliary public utility structures in the Low Density Residential District. The Low Density Residential District is the only developing residential district which does not allow any public utility auxiliary structures. Such auxiliary structures are often necessary to provide and upgrade cestu Ne districtazit develops. This amendment will permit auxiliary, structures while minimizing any impact on the area in which it is located by requiring screening and a bufferyard. Department Head Finance Director Legal Approval: A it Solicitor Introduced For Passage First Readin¢ 96-161 Aerignedto Uranedur popper narcb 25, 1996 CITY OF BANGOR Amen ding the Land Development Cod Ch apter Vll[ Arficle l5, mtlEl (®xD'mBura, Section. 13 and. Chapter V111, Article 6,Sectmrr 7. - ------ .-. Ba k ordained 6V Cam CmmeB of W City dBangor, as IMlaea: the Land Development Code- Chapter VRI, Article 15, Section 1.3, be amended as follows: 5?& 13 Penrigtalbees, The f 11 g ugs see nemittedwe C Ikeemson) sees Olt the sense lot awl eumarftfte� subsectionae se ebe alsone uses mid m* use "pie ad undee Section M,belew,. Auxiliary public utility structures; D. Accessory uses on the same lot and customarily incidental to and subordinate to the above uses cast any use approved wader Section LA, below. THAT the Land Development Code -Chapter VIII, Article 6, Section 7, be amended as follows: Sr�Z uxiliary Public lltiliry Strnctu n. Notwithstandingt�rgeuirements of this Drd'nancg, Auxiliaxv public I hilitv C , aasdefi by this Ordinance;: 1. shall be exempted front theft Mo. coverave wift. no foepomm requirements f the zone in whichthey are located 2. shall he succeed from a public or ph= street and fiom any-maldential district:, including the district in which they ' we located, and 3. shall have avegetated use surrounding the structure which at minimum coNbrms to the requ'vements of an A-2 or A-3 bufferyard. STATEMENT OF FACT: P dsfing text is underlined existing underlined text is drool underline, and deleted texts se, oat. IN CITY COUNCIL March 25, 1996 First Readin Referred t P1 using Board ITY C RK IN CITY COUNCIL April 8, 1996 Passed Vote: ) yes, t abstained, 1 absent Councilors voting yes: Baldacei, Blanchette, Frankel, Popper. Soucy. Sullivan 6 Woodcock. Councilor Abstaining{ Tyler Councilor Ab n Leen Qj Cin BK 96-16L ORDINANCE TITLE I Amending the Land Development Code - Chapter VIII, Article 5, Section I.T and Chapter VIII, Article 6, Section L PDAW Aodgmed to CCWMita1M1