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HomeMy WebLinkAbout1995-02-13 95-106 ORDINANCEDate February 29, 1995 Item NO. Item/Subject: Amending Land Development Code - Chapter VIII, Article 8 - Shoreland Zoning - C.O. 3 95-106 Responsible Department: Planning Division The Planning Board held a public hearing at its regularly scheduled meeting of February 21, 1995, on the above -noted zoning amendment. No one spoke in favor of or in opposition to the proposed zoning amendment. _ The Planning Board voted 4 to 0 in favor of a motion to reend to the City Council that the zoning amendment contained inC.O. 5 95-106 be approved. e€prt mentea� Manager's C cents: u LASa R;,y nn kfa�i City Managery ` 2i - Associated Informaticn:OAJ�, "i/Q.Ag- Finance Director Legal Approval: &Lo a r/n4/,Ai'e ✓airs ore iryulred hl- poi'54Y of /yr�iS 1�//n &46m, az2* City Solicitor VV Introduced For 1 Passage _ First Reading Page 1 0£ 1 Referral COUNCIL ACTION Date February 13, 1995 Item No. 95-106 Item/Subject: Amending Land Development Code - Chapter VIII, Article 8 - Shoreland Zoning Responsible Department: Planning Division Commentary: Ganges to mandatory zoning at the State level have necessitated our revising the Ordinance in terms of development standards as they apply to fresh water wetlands. Depa tment Head Managers Comments: f&G.1 mg aty Manager Budget Approval:. Finance Director Legal Approval: /e �` rzr0a, mPaJid br /" ®fdanlr5 &OArd, 1W5 lk' WII� rejui,6 (iVl g6tmafiw V#f< h z i by of ph5050. City Solicitor Passage First Reading Page 1 0£ 1 R -Referral to Planning Board 95-106 Aeeipped tv Cwmaear Baldacd Peb[uarY 13, 1995 .� - CITY OF BANGOR (TITLE.) MrbhUIT 9R AmendingLand Development Code Chapter VIII.,,..,,.,., Article - Shoreland Zoning - Beit ordained by City Cww.g of As City dFassar, 40tolhmw THAT Chapter VIII, Article 8 of the Laws and Ordinances of the City of Bangor be amended as follows: Section 1.3 Lantl Ose Standards A. Minimum Lot Stantlarda - +a+ Minimum Lot Area .Minimum Shore lea. ft.l Frontage (ft.) 11). Residential Der dwellingunit a. Within the Shoreland Zone Adjacent to Tidal Areae: 30,000 150 b. Within the Shoreland Zone Adjacent to Non -tidal Areas. 40,000 - 200 not including land adiacent to freshwater wetlands: C. Within the Shoreland Zone Adjacent to a freshwater Subiect to the lot NONE wetland-ients of the zoning district. 95-106 (2) Govenwental Institutional Commercial or industrial Dxinc oa structure a. Within the Shoreland Zone Adjacent to Tidal Areas 40,000 200 Exclusive of Those Areas Zoned for the Waterfront District and Downtown Development District: b. Within the Shoreland Zane Adjacent to 4iAe-sTidal Areae NONE - NONE Zoned for the Waterfront District and Downtown Development District: C. Within the Shoreland Zone Adjacent to Non -tidal Areas, 60,000 300 not including land adiacent to freshwater wetlands: d. Within the Shoreland Zone Miscast to a freshwater Subiect to the lot NONE wetland: requirements of the zoning district. ji)_ Public and Private Recreational Facilities B. Principal and Accessory Structures (1)All new principal and accessory structures shall be setback at least seventy-five (75) feet from the normal high-water line of any Water bodiesr Dom, tributary stream- -- th, ufl,nA -- -a - - -- - except that in the Downtown Development District and in the waterfront Development District where the setback from the normal high-water line shall be at least twenty-five (25) feet. All new PrIncivalstructures shall be setback at least seventy-five (]51 feet from the normal hich-water line of a freshwater Wetland unless the lot is served by public water and sewer (commZg collector system for off-site treatment) where the setback will be thirty- five (351 feet .from the normal high-water line of a freshwater wetland. 95-106 F. Parking Areas (3) In determining the appropriate sine of proposed parking facilities, the following shall apply: (a) i A- F4 tw-Fty (VO) #--t !any? except "at parking t—("-.�^--gets 19ng See ArtiCle 11, OFF-STREET PARKING STATEml3W OF FACT: Double underlines are existing underlined language, additions are underlined and deletions are IN CITY COUNCIL February 13. 1995 First Reading Referred to Planning Board CITY CLEN( IN CITY COUNCIL February Z], 1995 Passed Vote: 8 Yee Councilors Voting Yes: Baldacci. Blanchette, Cohen, Franhel, Popper, Soucy. Sullivan s Tyler CITY CLERK 95-106 ONOINANCE TITLE) Amending Lend Development Code - VIII. Article 8 - Moreland Zoning. Excerpt from Staff Memorandum for February 21, 1995 Planning Board Meeting Item Mo. 3: Amending the Land Development Code - Chapter VIII, Article 8 - Shoreland Zoning - C.O. # 95-106 a. The proposed amendments to Article 8, Sections (1) and (2) would change the minimum lot s of a lot adjacent to a freshwater wetland ft= 40,000 sq. ft. to the minimum lot requirement of the zoning district which the lot Is in. The proposed changes would only affect lots which have urban zoning and are served by public water and sewer. Here, the minimum lot sizes range £ram 10,000 - 20,000 square feet. If the lots do not have public utilities and services they would be zoned Rural Residential and Agriculture (RR a A) which has asr um lot size of a and a half. Staff feels that if lots are in urban areas and are served by Public utilities and services, a 40,000 square foot lot is not necessary and is not an efficient allocation of land resources which ate serviced by a complete range of urban services and expensive infrastructure. b. The proposed amendment to Article 8, Section (3) B. would reduce the setback of principal and accessory use structures adjacent to a freshwater wetland from 75 feet to 35 feet for those lots served by public utilities and services. If the lots are not served by public utilities, the minimum setback from a freshwater wetland would remain 75 feet. Staff feels that if the lot is served with public utilities, there i less potential impact on the wetland than if the lot is served by a septic system. C. The proposed amendment to Article 8, Section F.(3) would delete the current parking standards and reference the off- street parking requir ents of Article 11. This amendment would remove the inconsistencies between the two ordinance requirements. d. Staff would recommend that the Planning Board recommend the proposed amendments to the Shoreland Zoning Ordinance to the City Council.