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.
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Associated Informaticn:OAJ�, "i/Q.Ag-
Finance Director
Legal Approval: &Lo a r/n4/,Ai'e ✓airs
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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:
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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.