HomeMy WebLinkAbout1996-04-22 96-198 ORDINANCEDate Nay ll. 1996 Item No 96-198
Itam/Subject: Amending Land Development Code - Chapter VIII,
Article 8 - Shoreland Zoning - C.O. ! 96-198
Responsible Department: Planning Division
The Planning Board, at its regularly scheduled meeting of May 7,
1996, held a public hearing on the above noted zoning amendment.
Planning Officer Lord explained that some existing structures have
been made nonconforming by the State's mandatory, Shoreland Zoning
standards. Specifically, parts of the Eastern Maine Medical Center
building complex are within 250 feet of the river. This amendment
would relieve them of the most restrictive standards (they are
subject to the standards of our Government and Institutional
Service District).
No one spoke in opposition.
The Board voted 5 to 0 in favor of a action to recommend to the
City Council that the zoning amendment contained in C.O. %96-198 be
approved.
n
Departys t Mead
Manager's Commence:
� ge
City Manager
Associated InformationtG.6l/.,J..9p 11"'
Finance Director
Legal/j Approval: f�1W ud14� /'e1✓ireof
{p/ rj pq( 1G59prp. City Solicitor
Int aduced For O
Passage
First Reading Page _I_ of 1
_ Referral to Planning Board
96-198
"igned to Councilor Baldaccl April 22, 1996
CITY OF BANGOR
(TITLE.) (Prbilt8ttt¢�_..Amending_ Land ..Development ..code.... -._Chapter. V111,. -
Article 8 - Shoreland
Beit ardaind by COY CoumB of W Oity ofBaNOW, ae PoHMM:
THAT Chapter viii, Article, 8, Section 1.3, Suhsection B of the Laws
and Ordinances of the City of Bangor M amended as follows:
B. Principle and Accessory Structures
(2) Principle or accessory structures and expansion of
existing structures shall not exceed thirty-five (35)
feet In height except in the Goverampent mid_JnatJtutJQ=J
Service District odlacapt to tidal waters where the
building hei This
provision shall not apply to structures such as
transmission towers, windmills, antennae, and similar
structures having no floor area.
(4) The total area
of all structures, parking lots and other
-vegetatedsurfaces, within the shorelaM zone shall
not exceed twenty (20) percent of the lot or a portion
thereof, located within the shoreland zone, including
land area previously developed, except inthe Downtown
District Ild Government and Institutional service
District adjacent to tidal waters and rivers, and in the
Waterfront Development District, where lot—coverage
imnarvious surface shall not exceed seventy (70) percent.
STATEMENT OF PACT, Additions Are nnde.11ned and deletions are
IN CITY COUNCIL
April 22, 1996
First Reading
Referred to Planning
Board
TY CL
IN CITY COUNCIL
May IJ, 1996
Passed
Vote: 9 yes
Councilors voting yes:
Baldacci, Blanebette, Frankel,
Leer, Popper, Soucy, Sullivan,
Tyler 6 G90ftock
CITY CLE
96-198
ORDINANCE
I
( TITIE,) Amending Land Development Code
Chapter VIII, Article 8 - SM1oreland
Zoning.
Excerpt from Staff wenorandum - way 7, 1996 Planning Board
Meeting
Item No. 6: Amending Chapter VIII, Article 8 - Shoreland
Zoning - City of Bangor - C.O. R 96-198
a. This zoning amendment relates to development standards in
the shoreland area (within 250 feet of tidal waters and
rivers for principal and accessory use structures). The
reason for addressing the application of the development
standards within this particular zoning district is that the
shoreland zoning provisions (when new standards were
developed by the State), created nonconforming conditions on
existing site developments near the Penobscot River
(primarily, the Eastern Maine Medical Center site).
b. The present provisions of the City's Shoreland zoning a enpt
such structures in the Downtown Development District and the
Waterfront Development District from the standards (208
impervious surface limit).
C. The impact of site developments Bose 75 feet removed by
grade separation and with intervening railroad tracks and
Resource Protection and Park and Open Space Zoning districts
n between them and the tidal area of the Penobscot River
adequately protect the resource from the impact of such site
developments. However, because the shoreland area extends
250' from such water bodies, these site developments can be
brought into the shoreland zoning development standards
which are intended for rural areas adjacent to such
resources.
d. Sime the impact of this amendment would be extremely small,
and since the areas in question are covered by appropriate
development standards in the City's zoning district, Staff
would recosmmend the amendment to the Shoreland Zoning
section of the Ordinance to the City Council.