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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.