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Home My WebLink About1994-06-27 94-300 ORDINANCE� council Action Date July 11, 1994 Item No. 94-300 Amending Land Development Code - Chapter VIII, Part II Ilam/Subjtttt Article 6 - AceessCry:psesand Structures - C.O. N 94-300 (As waddled) Responsible Department: planning Division Commentary: The Planning Board at its regularly scheduled meeting of July 5, 1994 held a public hearing can the above -noted awing Mendment. No and spoke either in favor of or in oppositiw to the propored ordinance amendment. The Board voted 5 in favor dad 0 opposed to a motion to recomoend to the City council that the zoning amendment contained in"C:O. N 94-300 (As Amwded) be approved. NOTE: C.C. N 94-300 was -emended -'to clarify, the language in the amendment. dPwr �^�/wA Manager's D -Cardboards: Ctry Maneeym Associated information: 0 Mw*eLci Budget Approval: - - Fear" t , "gal Approval: Ifjdodjenr aMFn Pit> p(g) Q fcM N/l( PLUiPC fM6rV CitYSolkiw V040 Al 6tral poex- Introduced For - Ex Passage C] First Reading Paga__ol_ ❑ Referral Don Anion Date Jane29. 1% Itemplo. 94-300 Item/Subject: Msending Land Development Code - Chapter VIII, Part II Article.. 6 - Aceeaeory Ogee and Structwes Responsible Department: Planning Division' Comr lary: For Referral to Plarvung Board, The attached Ordinance clarifies land development code standards regarding accessory Support Staff flor residential buildings. -$e tt'I1enr ffrnA Manager's Comments: Ciry MavaFvr Associated Information:. Budget Approval: rip""" Wa Legal Approved: cleyawwaa, VY Introduced for _ 0 Posts" page — of _. First Reading Px do e m ^k -i e Referral S�pn.vu�l Wo 94-3UU (As AMENOEp) Awipred to Councilor u CITY OF BANGOR (TITLE.) (OrbinIU P, Amends .ze„a Developeenx_c a ebapca.:_vxn,.. t_xx.... 'Article 6 - Aceeseory Uses and 144ordained6y Ns Cop Coarct!OJOLC4yofBaa .MfOUb - Tiber, Chapter VIII, Part II, Article 6 - Accessory Uses and -Structures be amended by adding the following under Section 1 - Accessory Uses: 1.6 Accessory support staff may be allowed as an accessory use provided that such staff is: 1) located within a building in which thestaff provides management, counseling, or other services to occupants; or, gl 'located on the same site with buildings whose primary use is residential and provides management, counseling and other services to residents; In no case shall such staff provide services to persons who do not reside in the building or on the site at which such staff is located. 94-300 AnigeNto Couaeilor Tyler June 27, 1994 CITY OF BANGOR (TITLE.) Mxlbittffi , Amawing Lana Development. Code Chaptervin, Part 11 Article, 6 -Maessary Uses. and Structures Be U urdalad by W My Co awR of Me City dBa*Wr. ae fMnev THAT, Chapter VIII. Part TT, Article 6 - Accessory Uses and Structures be amended by adding the following under Section 1 - Accessory Uses: 1.6 Accessory support staff may be allowed as an accessory use provided that such staff is: 1) located within a building in which it provides management, counseling, or other services to occupants; or, 2) located on the s site with buildings whose primary use is r sidential and provides neanagement, counseling and other services to residents; In no case will such staff provide services to persons who do not reside in the building or on the site in which it is located. IN CITY COUNCIL June 27, 1994 First Reading Referred to P]paging Board CITY mERK IN CITY COUNCIL - July 11, 1994 Pawed as Amended by Substitution Vote: 8 yes, t absent Councilors voting yes: Baldaccl, Blanchette,Popper,Shubert,Soucy. ,Sullivan a Tyler. stone Milo Absent: Cohen CITY COINS. 94-900 ORDINANCE 1 TITLE,) Amending Land Development Code - Ch pier VIII, Part II, Article 6- Accessary Uses and Structures. 4 94-300 Excerpt from Staff Memorandum for July 5, 1994 Planning Board Meeting Item No. 6: Zoning Amendment - Chapter VIII, Part II, Article 6 - Accessory Uses and Structures - City of Bangor C.O. 94-300. a. This amendment to the accessory use provisions of the Land Development Code in PartII is primarily one of clarification. Accessory uses are defined in this section s being subordinate and incidental to the primary residential use of the residential building. Recently, a question w raised as to whether the presence of persona in a residential building who are there solely to counsel, supervise or whatever, the residential occupants, could be considered accessory sory to the residential occupancy of such a structure. (Inour opinion that activity could be.) b. This amendment then clarifies that such "accessory support staff' may be allowed, if it is clearly present to provide support for residents within the building in which it i located or to residents in other buildings in which services are antlered (even if it is a free standing building in a group of buildings) and the amendment clearly states that these persons may not provide any services to those who do not reside on the site. This is an important distinction so that if an office iscreated to house one or more persona to provide services to residents, then it does not create traffic from persona from outside of the area coming to the site to receive similar counseling or other services. C. With the advent of many group housing facilities (through the Federal Fair Housing Act and through the. State's community living facility" requirements), there are a umber of residential facilities which are permitted in the City's residential districts which need such supervision and support staff. It is important that there is aclear provision for such staffing made in the City's accessory use action and that the limits of such staffing be spelled out as well. It is the feeling of the Planning Staff and the Code Enforcement Office Staff that this amendment fulfills that objective. Staff would recommend the zoning amendment to the Planning Board and the City Council.