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HomeMy WebLinkAbout1993-12-27 94-55 ORDINANCEDale January 10, 1994 I\em Na. 4- $ Amending the Lend Development Code - Chapter VIII, Article 8, Sections 1.1, and 1.4, Article 11, section 2.19 and 2.20, Article Item/Subjacv 12, Section 1, and Article 14, Section 9.4.0 (1) - C.O. P. 94-55 (As Amended) limpeambla Nprtment: Planning Division (;ommene : A public hearing was held by the Planning Board at its regularly scheduled meeting of Saau 4, 1994 on the above -noted zoning amendment. No me spoke either in favor of or in opposition to the amendment. The Planning Board discussed all of the proposed "housekeeping" amendments. The Board voted to remove the amendment to Article 19, Section 5.5. The Board voted 5 to o infavorof a motion to recommend to the City Council That the zoning amazement contained in G.O. n4-55(Az Amended) be approved. Manager's Commentss�: Go /.lta N .\�yp �1,t ft4i E: d,m\A�NM�u^lX , I �IA'I•,nn City Mowau Assoc" tedi forme\iOn:Qay�s,ry,r.cq Budget Approval: • .L h F'iavae niimar Legal AppOwal:/eA� r0/` yngf ,%li\ ®/GnnlA�/5 a re ® e/ 04 all haILagyl f CYys am amm�nl.nff e<re�/- r%�V. �ro�,e seNl amrndw.�d it/ r}t4 7 Str .5 l n<il con Jrs i SGm✓lPI Introduced Fm n Pnai t�e //�M lay Se4o3HfA&,o ane( o ;-9w. �ioe ©panage El Fast Reading iggm AS fi yC tSi agpncQid_ IHis i$mpp will AArImAfie ✓Okk NP+( !P'✓IPl FPSfej(, Faw_of_ Referral 94-55 (AS AMENDED) Assigned to Councilor :.0 CITY OF BANGOR (TITLE.) OnNhUIZWR, Armng ..nna DevelgPme t Code - crape vlxl, Article S, Sections 1.1, and 1.4, Article 11, Sections 2.19 and 2.20, Article 12, Section 1, and Article 14j Section 9.4.C.(I) Beit arda(ved bN W City Gsuudl of City ofBsn04r. m faPama: THAT, the Land Development Code, Chapter VIII, Article B, Sections 1.1, and 1.4, Article 11, Sections 2.19 and 2.20, Article 12, Section 1, and Article 14, Section 9.4.0.(1); be amended as follows: THAT, Article B, Section 1.1 be amended as follows: Sec. 1. 1.1 Shoreland areas include those areas within two hundred fifty (250) feet of the normal high water mark of the Renduakeag and the Penobscot River or within seventy-five (75) feet, horizontal distance, of the high water line of a stream oD Outlet stream, or seventy-five (75) feet, horizontal distance, of the upland edge of a freshwater wetland. THAT, Article 8, Section 1.4 - DeAnitions be amended as follows: 1.4 DEFINITIONS Outlet Stream - any Perennial or intermittent stream. as shown on the most recent edition of the 7.5 minute series, r 15 minute series topographic d d b the United States Geological Survey that flows from a freshwater wetland THAT, Chapter VIII, Article 11, Section 2.19 - Off Street Parking - be amended as follows: Section 2.19 In addition to the above requirements, any. building or facility constructed as a place of "public accommodation" as defined by the Maine Human Rights Act, as it may be amended from time to time, or when the estimated total cost for remodeling or enlarging such an existing building or facility exceed $150,000: ],most the MA so woman Rights Act, as &t MR5. �- -x-FJF� **as t ff- Total Parkin 1 - 25 26 - 50 — 76 - 100 101 - 150 151 - 200 201 - 300 301 - 400 401 - 500 501 - 1.000 1,001 and over The total number of accessible Parking spaces shall be distributed to serve Chevari saible entrances as well as Possible. THAT, Chapter viii, Article 11, Section 2.20 be amended a follows: In addition to the above requirements, any building or facility constructed as a "place of employment" as defined by the Maine Hunan Rights Act, as it may be amended from time to time, or when the estimated total cost for remodeling or enlarging such an existing building or facility exceed $100,000: be mass Rvgil�hlp fpr k'RA "FF -4 P-Nk as paplesively see shall Same as requirements in Subsection 2.19 above THAT, Chapter VIII, Article 12 - Off Street Loading be amended as follows: ARTICLE 12 - OFF-STREET LOADING Sec. 1 Required Loading Spaces. A minimum number of off- street loading spaces shall be provided and maintained by the owner of any building hereafter erected, altered r changed in use, in accordance with the following schedule: USE GROSS FLOOR AREA - SPACES IN SQUARE FEET REQUIRED Hotel, Office Building 3_,000 UP to 50,000 1 50,000 or more 2 Retail, Service, Wholesale Warehouse, Industrial or Institutional Use 1,000 &p to 25,000 1 25,000 to 50,000 2 50,000 to 100,000 3 For each additional 50,000 or fraction thereof 1 Additional Apartment buildings with 10 or more units. 1 THAT Chapter VIII, Article 14, Section 9.4.6.(1) be amended as follows: C. Junk yards and automobile graveyards provided: (1) They meet the minimum criteria of 30-A M.R.S.A., Section 3751 et sea. as it may be amended from time to time; STATEMENT OF FACT: Additions are underlined and deletions are 8£Fee3E6u5. Excerpt from Staff Memorandum for January 4, 1994 Planning Board Meeting Item No. 7: Amending the Land Development Code - Chapter VIII, Article B, Sections 1.1 and 1.4; Article 11, Sections 2.19 and 2.20; Article 12, Section 1; Article 14, Section 9.4.C(1); and Article 17, Section 5.5. C.O. 0 94-55. a. This Ordinance Amendment includes five "housekeeping" amendments to the Land Development Code to deal with changes to State Statutes and/or other regulations or to deal with problems with interpretations with the existing Ordinance language. b. The first amendment is an amendment to Article 8 tc add the words "or outlet stream- to the definition of what is included in Shoreland areas due to aent statutory amendment to the Shoreland Zoning provisions of Maine Law. The accompanying addition to Article 8 included in Section 1.4 adds the definition of "outlet stream" to clarify the above -noted amendment. C. The proposed amendment to Chapter VIII, Article 11 in the Off -Street Parking section (Section 2.19) changes the number of handicap parking spaces required based an the number of total spaces in the lot to make it conform with the State Human Rights Act change. (The old Rule provided for a flat four spaces per 100, while the new standard reduces the umber of handicap spaces per 100 slowly as parking lots exceed 100 spaces.) In addition thisamendment applies the same revised standards t0 Section 2.20. d. The Off -Street Loading standards contained in Chapter VIII, Article 12 require one loading space fox any size building of a commercial nature. .This means, for example, that a 500 sq. ft, office building would be required to have an off- street loading space in addition to off-street parking. The proposed amendment eliminates the loading space requirement for hotels or office buildings of less than 3,000 sq. ft. of gross floor area and for retail service, wholesale, 1,rehouse, industrial or institutional uses with less than 000 sq. ft. of gross floor area. There have been several occasions in which reuse of buildings in the built-up area of the City would require dedication of land area to an off- street loading space where such area could be better used for off-street parking. .This provision would allow the elimination of the loading space for those small structures. e. The proposed amendment to Chapter VIII, Article 14, Section 9.4.0.(1) is at the request of the Legal Office to change the citation of State Statutes by adding "et. seq. as it may be amended from time to time." f. Finally, the Legal Office raised a question as to how the - language in the section dealing with Planning Board extensions of completion dates was to be interpreted i Article 17, Section 5.5. The proposed change would make it clear that applicants would have the full two years granted by the Ordinance for approval and up to an additional two years of extensions for a total of four years to complete projects. (The question that the existing language raised was whether the 'two years from the date of granting an extension^ meant that an applicant might, for axample, only get three years to do a project if the original approval had been for one year or whether that intended that additional two year extensions might be granted from the date of previous extensions thus allowing an indefinite period for projectcompletion.) g. Staff would recommend that the -Planning Board rend these amendments to the City Council for approval. O R•odr n+w I'mm, IAto Dec. 27, lq93 Ilam me. 94-55 fnsuding Land Development Code - Chapter VIII, Article 8, Sections 1.1 and 1.4, Article 11, Sections 2.19 and 2.20, Article 12, I\mm/Subjed. Section 1, Article 14, Sections 9.4.C.(1); and Article 17, Section 5.5. flaWpmiMe MportMPlanning Division Commentary: This aendment to the Lend Development Code includes five (housekeeping) amendments which are caused either by changes to State Statutes and/or other regulations or problems with interpretation with the existing Ordinance. For Referral to Planning Hoard y nwem u Managers Comments: xydm6 Ciq Mempr Associated lnformmion: �c�xr%Oi° r &itlpv[ Approval: Flwwr uxrw Legal Apgwal: (1_ ✓ cAysw.Aw Intrptluratl For Ejpawaga ❑ Fent x�flaferral Referral to to Planning Hoard 94-55 Auignedlo CemcHor Tyler December 27, 1993 x,11 CITY OF BANGOR (TITLE.) MrYmarwpt Ams^aing,tn L na Dareyopm t c a - Chapter VIII, Article 8, Sections 1.1, end 1.4, Article 11, Sections 2.19 and 2.20, Article 12, Section 1, Article 14, Section 9.4. Q (1 );. and Article 17, Section 5.5 Be R ordained by Me City Cwseilajt CRydBomwom" AUzmc. THAT, the Land Development Code, Chapter VIII, Article 8, Sections 1.1, and 1.4, Article 11, Sections 2.19 and 2.20, Article 12, Section 1, Article 14, Section 9.4.C.(1); and Article 17, Section 5.5 be amended as follows: THAT, Article 8, Section 1.1 be amended as follows: Sec. 1. 1.1 Shoneland areas include those areas within two hundred fifty (250) feet of the actual high water ark of the Aenduskeag and the Penobscot River or within seventy-five (75) feet, horizontal distance, of the high water line of a stream or outlet stream, or seventy-five (75) feet, horizontal distance, of the upland edge of a freshwater wetland. THAT, Article 8, Section 1.4 - Definitions be amended as follows: 1.4 DEFINITION$ Outlet Stream - anv nerennial or intermittent stream as shown on the most recent edition of the 7.5 minute series, r 15 minute series topographic man produced by the United States Geological Survev that flows from a freshwater wetland THAT, Chapter VIII, Article 11, Section 2.19 - Off Street Parking - be amended as follows: Section 2.19 In addition to the above requirements, any building or facility constructed as a place of "public accommodation" as defined by the Maine Human Rights Act, as it may be amended from time to 94-55 time, or when the estimated total coat for remodeling or enlarging such an existing building or facility exceed $150,000: public �V PEleato FA,I ng �-tj at 3-mst 3ne of these spaces She,! Is t MW Total Parking 1 - 25 2 51 - 75 76 - 100 101 - 150 151 - 200 201 - 300 301 - 400 401 - 500 501 - 1.000 1.001 and over The total number of accessible e sible Parking s shall be • distributed to serve the various accessible entrances a well as possible THAT, Chapter VIII, Article 11, Section 2.20 be amended as follows: In addition to the above requirements, any building or facility constructed a "place of employment-- as defined by the Maine Human Rights Act, as it may be amended from time to time, or when the estimated total cost for remodeling or enlarging such an existing building or facility exceed $100,000: Mame as requirements in subsection 2.19 above 94-55 THAT, Chapter VIII, Article 12 - Off Street Loading be amended as follows: ARTICLE 12 - OFF-STREET LOADING Sec. 1 Required Loading Spaces. A minimum number of off- street loading spaces shall be provided and maintained by the owner of any building hereafter erected, altered r changed in use, in accordance with the following schedule: USE GROSS FLOOR AREA SPACES IN SQUARE FEET REQUIRED Hotel, Office Building 3,000 &p to 50,000 1 50,000 or more 2 Retail, Service, Wholesale Warehouse, Industrial or Institutional Use 1,000 Up to 25,000 1 25,000 to 50,000 2 50,000 to 100,000 3 For each additional 50,000 or fraction thereof 1 Additional Apartment buildings with 10 or more unite 1 THAT Chapter VIII, Article 14, Section 9.4.0.(1) be amended as follows: C. Junk yards and automobile graveyards provided: (1) They meet the minimum criteria of 30-A M.R.S.A., Section 3751. at sea. as it may be amended from time to time; 9L-55 AND TEAT Chapter 17, Section 5.5 - Administration of Approved Land Development Projects be amended as follows: Expiration of the applicable dates prior to commencement o substantial completion of the work shall void theapplicant's Land Development Permit approval unless the Code Enforcement Officer has granted him/hes an extension of time not to exceed sixty (60) days. The Code Enforcement Officer shall grant such an extension if he/she finds that applicant has diligently pursued his/her obligations under land development approval and that an extension is justified by adverse weather, by delay in material delivery due to no fault of the applicant, or by other valid reason. If the Code Enforcement Officer denies a request for an extension, the applicant may appeal to the Planning Board, which may reverse the decision of the Code Enforcement Officer where such decision was clearly in error. If additional extensions (or a longer extension) are required, the Planning Board may grant such extension, even beyond the one year and two year requirements from the Original date Of approval prescribed above, based upon the same standards to be employed by the Code Enforcement Officer as outlined above. No extension of a completion date xSexs iew shall be granted by the Board for more than a two-year period: nor shall the cumulative time period for initial completion and subsequent extensions exceed four Years from the date of initial site development plan approval. STATEMENT OF FACT: Additions are underlined and deletions are IN CITY COUNCIL Umeembev:27, 1993, ` First ,Neading Referred to Appropriate Committee / Iy RK In City Cwncil January 30, 1994 --Amar141 by Substitution aryl Passed Vote 7 Yea 2 Absent VMirg Yes BaldaCCi, Blanchette, -Popper, Shubert, Stone , Sullivan Tyler err Absent Cohen, Soucy "Y Clerk 94-55 ORDINANCE ( TITLE ) Amending Land Development Cade - Chapter VIII. Article 8, Sections 1.1, and , Article 11, Sections .Il' 2.39 and 2.20, Article 12, Section 1, Article 14, Section 9.4.C(t)p and Article L/, Section 5.b. AAgned t0 [V3