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Home My WebLink About1994-10-24 94-462 ORDERItoo M. 94N62 Date 10.24-94 IteN ja:t: tlOJO1: Directing the city Mmmgsf to File an Appeal to tie Da:iafon of the Code O:fotcment Officer W Iea:e a Certificate of Cncalienoy to Matma, 1w. for Pr[perty Iccated at 180 Cent¢f 8txmt Iffispmm a Dep�: City Co U Cita : icst ltweday, staff ad repM iv of the City Cn...-:t met with r�idear of itie Cagier Suet nefgbeoflnm m diacves cencenm afiaing ft® of Pmun, Inc. to 180 Center Suet. WrLg the neetfnl• tM1e Procedure for eppealdng the dsision of the Cade &iEofoarent Offs to iem:e a tificete of oacul a o¢t1Lmtl ad Cn :I•"a Sfnre ab Sul liwen aequaated that an Oidef be pmvided duwtL iiia City to appall the decision. Attaciwd pla find the appccpfiate as oma of the IaM Developient Cele includi g tie existing definition of a fammfty Service Cagantzatiw: and tte sa:tia:. of the C daaling with the NeigMoxtnod Service Diotrict. Departmalt Hai S8h]ger'B COlmenls: .raj Pah R Fifer ing Feferrel page — of Abip"L,cowcdora 5ull"an 6 stom CITY OF BANGOR QITLEJ (Orbtra...... ___.._..Dinvating. the .City -Mamger. to. efle..an. Adnirdstratlme... Appeal of the Daciaica of the (XxJa 0:foxe®ent Officer to Issue a iatificete of Oavpanuy to Mama, Inc. for Property Iecated at 1BO Center Street By Bm Gib Coyaoti of We Cup Of8avyer: ORDERED, TWT WD➢AVS• the Cade FSSorceoat Officer of the City of Banger has matte a aeterniinatioa Mat xanna, Dc. is a roo enmity service t* g� which is a p tted use in the imp fitnrnood Bevice .District; and FABPWS, on the Lasts of this deMmsumtfon, a C fheete of Occupancy .has ham issuai; anid 480BA5, deciaiore of the Cale Mnfo[crmmt officer may be aNv;iatrativaly appealed to the Zoning B of Appeals; ad 4ABRaS, xeshd is of to Center Street neighborhood have ,n.eatt•.ron whether the mauler and noedioda of opa:atice of Maas, Lc. are consistent wfM the daft then of a C ty S ica crga� aM Me regrunaments of the maboborinod Service Distrie[; B]W, THBR�OIB, Is IT � BY TIB MY OYINCSL Op TIB CI1R OF aAHQR, T : the City Meager is hereby Uprated to file an admindatrative appeal with the Zoning Board of Appeals of the Cads F.nfoxc'�t Officer's isauanco of a Certificate of occup for Mama, Inc. 0 located at 180 Gaiter Street. IN CITY COUNCIL 94-462 October 24, 1994 O R D E R Suspension of the Rules Passed to Move 94-462 and 94-463 d6 the Title, Administrative Appeal the of a Decision to file an Gary mit items spok on a CM1e Agenda. Code Enforcement Appeal of the Issue ton of the Gary business spoke a Center Code Eafoxceme6 Officer Co Is6ue a Certificate and etsitaea est r ont-therex af'62cdoao�r fd Ndand 'YA2: 'for'diodee Locate alrStready He feltmany thatager there etre at 180 Cancer Street. already too many agencies in the e area.....................///.....u��..{./) .. Several People spoke it favor of allowing Mane to locate at Cent l80 Center Street. - AuytW to Vote for Passage failed Vote: 6 no, 2 yes. ...................................... Councilors voting no- Councilman Balda"i, Blanchette: Cohen, Popper, Soucy, Tyler. 64&Y— Cooncilrvoting yes: Stone, and Sullivan. Councilor Absent: gbyerC. ITTC they are located due to their configuration, although the resulting density SF a subdivision does not exceed that implied by the zone in which it lies, because of the C creation of common open space or other restricted building areas. Comunity Living Facility. A housing facility for 8 or fewer mentally handicapped or developmentally disabled Persons which is approved, authorized, certified or licensed by the State as provided for in Title 30-A M.R.S.A. 44357. as it may be amended, except that such facilities as are given special status under the Federal Fair housing Act may be eligible for exemtion from those provisions in this Ordinance dealing with such uses when said Federal stature supersedes this Ordinance. Congregate Housing. A multi -family dwelling consisting of private dwelling units and central dining facilities, within which a supportive services program serves functionally impaired elderly occupants who are unable to live independently yet do not require the constant supervision or intensive health care available at intermediate care or skilled nursing facilities, whose services have been certified by the Bureau of Maine's Elderly as complying with the rules for voluntary certification adopted under Title 22 M.R.S.A. Section 5154 or licensed under Title 22 M.R.S.A. Section 7802. Contract zoning. A change of zoning district designation as provided in 30-A M.R.S.A., Section 4352, and Article 2, ' Section 6, in which conditions may be proffered by an applicant and attached to a change in district designation by means of a contract entered into by the applicant and the City and filed in the Penobscot County Registry of Deeds. Such zoning must comply with statutory requirements for consistency with the City's Comprehensive Plan. a Community Service Organization. A non-profit charitable '.� institution, not to include social clubs, the primary functions of which is serving the public health or social welfare of the community. Corner Lot. A lot at the intersection of two or more intersecting public or private ways. - Curb Level. The elevation of the street curb, or the street grade where there is no curb, as established by the City Engineer. Day Care Center. A regular program for the day care of more than 20 persons 15 years of age and younger, or three or more adults, 16 years of age or older. Delicatessen. A store selling foods already prepared or requiring little preparation before eating. Delicatessen shall not include establishments where the consumption of food on the premises is allowed, encouraged, or permitted. (*Amended 1-11-93 C.O. 93-59 - �• II -4 94-463 a.Elimination of unnecessary mncon- .,, forming signs and removal Of other accessory structures; 'b. Elimination of excess curb cute and. narrowing of excessively wide curb cuts; n C p-, C. Ing as of planting at in ordinance; ae provided elsewhere in this .r d. provision of planting at landscap- ing in the esplanade area within the,public right-of-way along the full frontage of the property or any property to be used in conjunc- tion with the proposed use; e. Elimination of lighting not conform- ing to the requirements of this ordinance; f. The paving of unpaved parking and driveway areas; .. g. The restoration of the exterior of the building or any accessory build- ings to meet the requirements of the Minimum Property maintenance Standards of the City's BOM Build- ing Code; h. aepair of sidewalk in front of the property. ... (6) The Wilding is located on a major arterial street as defined in article 3 Of thin Ordinance. .. �" 3.4 Prohibited Uses. any use not specifically permit - red in this section or in Past II of this Ortli- .. Hance. Sen a o Najohborhood Service District rnsD;. 4.1. Statement of Purpose. The Neighborhood Service District is established to accommodate the daily ,or fregaent shopping Heade of the neighborhood ,sconmsgrc Because these districts are located in developed residential areae, land uses are limited . ,:.1Iprimarily,to small, non automotive, service Deal- _i•._� " < "goes and retail stores which mainly serve the -' neighborhood. III -6 94-462 4.2 Basic Beauirements. Buildings or land used or Occupied, and buildings or structures erected, coneiructed, reconstructed, moved or structurally altered; whether permitted uses or conditional -uses, shall comply with the requirements of this Section, Part II, articles 3 thru 13 and the - specific development standards of Article 20 of -' " - this Ordinance. In a Neighborhood Service sac District no permitted nonresidential use may be established or conducted with in excess of 2000 square feet of gross floor area, and no goods or w. materials may be displayed or stored outdoors, except goods or materials of a seasonal nature - displayed for retail sale, and such outside storage display area may not exceed 19 of the groes floor area of the use. No business, whether a permitted use or a conditional use shall be open to the public between the hours of 100 a.m. and 6,00 a.m. 10 4.3 Permitted Uses. The following uses are permitted in this District: A. Grocery store (not including the sale of motor vehicle fuel); _ B. Delicatessen; C. Drug Store; .k D. Self-service laundromat and/or laundry pick-up station; -- - B. Business office or professional office; P. Barber shop/beautyshop; G. shoe repair, small appliance repair or aimi- lar, non automotive repair service shop; B. Plover shop; 0 I. Community service organization; l J. group day care or nursery school; I. Accessory uses on the same lot and customari- ly incidental to and subordinate to the above uses or to an approved conditional use under . .a... Section 4.4, below.. 4.4. Conditional uses. Subject to Planning Board ap- proval under the provisions of Article 2, Section Be the following uses may be permitted in this District.