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HomeMy WebLinkAbout1992-12-14 93-59 ORDINANCEDate January 61p11992 Item No. 93-59 Amending Land DevelopmeAt Code - chapter VIII Article 3, Article 4, Article 8, Article 10, Article fl, Article 16, .Article I]. Article 19 Item/Subject: and Article 20 - C.O. R 93-59 (As Amended) Responsible Department: Planning Division Commentary: The Planning Board opened the public hearing on the .above -noted Band Development Code amendment at its meeting of December 15, 1992;and continued It to its meeting of January 5, 1993. There werec o proponents or opponents to the proposed zoning amendment. Staff s zed the changes and explained which ones were to coctoct errors in the ordinance. After sane discussion of two or three of the proposed amendments, the Board voted 5 to 0 in favor of a motion to recommend to. the City Council that the zoning amendment contained in C.O. Al 9359 (As Mended). be approved. NOTE: This Ordinance was amended to clarify the format of the amendments. o morYM hlanegar'a (:amSMnh'�1_ � /I. _ ^ _, 4 A •J . �/ JW�1'V/a Nt✓AI WIWjI ��1 rv�1 Ciry Mawgv Associated l n}ormation:0 Budget Approval: Pivenrt Dlwfvr Legal Approval: Ci1Y5dieimr Introduced For Passage ❑First Reading page—of— Referral 93-59 (AS AMENDED) Assigned to Conndim CITY OF BANGOR (TITLL) 18/rbj"M tep Arwondi ng Land Development Code - Chapter VIII Arti Cie 3, Article 4, Article 8, Article 10, Article II, Article 16, Article 17, Article 19 and Article 20 Be ie ordabod fV the City Com vi pfw Cly ofBanprr, "IoU me: THAT the Land Development Code - Chapter VIII, Article 3, Arti- cle 4, Article 8, Article 10, Article 11, Article 16, Article 17. Article 19 and Article 20 be amended as follows: THAT Article 3, Section 2, Community Living Facility, be amended as follows: Community Living Facility. A housing facility for'8 or fewer mentally handicapped or developmentally disabled per- sons which is approved, authorized, certified or licensed by the State as provided for in Title 30-A H.R.S.A. Sec. 4357 as it may be amended, except that such facilities as are civen special status under the Federal Fair Erosion Act my be eligible for exemption from those Ordinance citation with such uses when said Federal statute and THAT Article 3, Section 2, Group Home, be amended by deleting it in its entirely and replacing it with the following: Group Home. See Community Living Facility. and THAT Article 3, Section 2, H.Ome Occupation or Profession, be amended by changing the reference to "Part ii L" to "Part IL." and THAT Article 4, Section 1.1, Subsection D be amended as follows: D. UndLXft102Sd_zApproved lets inany subdivision ap- proved by the City of Bangor after September 30, 1974 and Prior to the adoption of this Ordinance shall be considered nonconforming late of record for any 93-59 (AS AMENDED) 2 Permitted use, subiect to the applicable development standar in fhe time whether i separate ownership or not, provided: Any other lots in an approved subdivision shall be subject to the provisions of subsection d C., above. and THAT Article 8, Section 1.4, Definitions, Freshwater wetland, be amended as follows: 1.4 Definitions Freshwater wetland - freshwater swamps, marshes, bogs and 4W similar areas other han forested wetlands which are. and THAT Article 10, Section 1.8 be amended as follows: 1.8 Yard and Area Minor Variation. Notwithstanding the area and yard requirements for the various ing dis- tricts in Article 14, (zoning districts URD -1, URD -2, M S SD, HAD, OBD, DDD, NOD, ADD, UID, and 0 G A ISD, only), as enumerated in Article 20 of this Ordinance, the code Enforcement Officer may allow the fallowing variations from District standards after first notify- ing abutting property owners of record: and THAT Article 10, Section 1.8 be amended by adding the following: C. . district standard/: and 4. A reduction in the side yard and/or rear Yard minimum t back reguirements accessary e buildings to not less than five (5) eet ins theURD 1 URD -2, and M 6 SD zoning dia- tricts only. and THAT Article 11, Section 4.1, Subsection A be amended as fol- lows. Minimum travel aisle width 4A 23.4 feet and 93-59 (AS AMENDED) THAT .Article 16, Section 2.3, A be amended as follows: A. Timber harvesting in keeping with the requirements of Article 28. and THAT Article 17, Section 3.2,Subsection C and Subsection D be amended as follows: C. Minor Subdivision. Any subdivision involving less than six (6) lots in which there is to be no con- struction of new City Streetsapproved Private streets r extension of City sewers. D. Maior Subdivision. Any subdivision involving six (6) or more lots or which will require construc- tion (a[ reconstruction) of a City street, an approved Private street or City sewer. and THAT Article 19, Section 4.3, Subsection J be amended as fol- lows. J. Street grades shall not be less than t$$ 1.0% nor more than 6%. Upon review and approval by the City Engineer, grades greater or less than this standard¢ may be allowed. AND HE IT FURTHER ORDAINED THAT Article 20, Table V-2, Section 2., B., be amended by adding the following: Other Conditional Uses must meet Permitted use standards, STATEMENT OF FACT: Additions are underlined and deletions are Sftd3R/bdf 1XL11W1 Date Item No. 99-59 Mending Land Development Code - Chapter VIII, Article 3, Article Item/Subject: b, Article 8, Article 1.0, Article 11, Article 16, Article 17, Article 19 and Article 20 Responsible Department: Planning Division Commentary: For Referral to Planning Board. The attached zing amendment i "housekeeping" amendment to correct minor s omissions and/or errors to the Land Develoment Code. =,t Manager's Comments: ley nor, Associated lnformatiomasjos asaL Budget Approval: FrwunRwnwp Cjvr Legal Approve): ciy swA;mr 93-59 Awigned to Connector Shubert, December 14,1992 CITY OF BANGOR (MU.) VUlYYU4 WSG Amending Lead DeyeiRPlleD[ Coot - 6hmpser. VI 11, Article„ 3, Article 4, Article 8, Article 10, Article 11, Article 16, Article 17, Article 19 and Article 20 __. ........... ............... .... .. .. ............. Be it oMaiwd 6p W CLW C4unit of lAa CLW ofBanpor, act fdbma: THAT the Land Development Code - Chapter VIII, Article 3, Arti- cle 4, Article 8, Article 10, Article 11, Article 16, Article 17, Article 19 and Article 20 be amended as follows: THAT Article 3, Section 2, Community Livina Facility, be amended as follows: Community Living Facility. A housing facility for 8 0r fewer mentally handicapped or developmentally disabled per- sons which isapproved, authorized, certified or licensed by the State as Provided for in Title 30-A M.R.S.A. Sec. 4357 as t m t ed except facilities 1 'al sr the Federal Fair Housing be eligible o m those e xith such when s Federal statute act this d' , and THAT Article 3, Section 2, Group Home, be amended by deleting it in its entirely and replacing it with the following: Group Home. See Community Living Facility.: and THAT Article 3, Section 2, Home Coronation or ProfesffjDA, be ended by changing the reference to "Part IIP' to "Part I1."; and THAT Article 4, Section 1. Subsection D be amended as follows: D. Undeveloped approved lots in any Subdivision approved by the City of Bangor after September 30, 1974 and prior to the adoption of this Ordinance shall be consid- ered nonconforming Iota of record for any permitted 93-59 subject to the applicable development standards in effect at the time of subdivision approval whether in separate ownership or not, provided: Any other lots in an approved subdivision shall be subject to the provisions of Subsection D c., above.; and THAT Article 8, Section 4, Freshwater wetland, be amended as fellows: Freshwater wetland freshwater swamps, marshes, bogs and similar areas other than forested wetlands which are., and THAT Article 10, Section 1.8 be amended as follows: 1.8 Yard and Area Minor variation. Notwithstanding the area and yard requirements for the various sorting dis- tricts in Article 14, (zoning districts URD -1, URD -2, M 6 SD, HAD, USD, DDD, WDD, ADO, DID, and $ ¢ 6 ISO, only), asrated in Article 20 of this Ordinance, the Code[nforcement Officer may allow the following variations from District standards after first notify- ing abutting property owners of record:; and THAT Article 10, Section 1.8 be amended by adding the following: D. A reduction fn the side Yard and/or rear Yard min Agk ants forfrae-atanding. Pone bu'1 t less than feet in the 1 URO S dis- tricts only.; and THAT Article 11, Section 4.1, Subsection A be amended as fol- lows: Minimum travel aisle width AI 24.0 feet MAT Article 16, Section 2.3, A be amended as follows: A. Timber harvesting in keeping with the requirements of Article 18; and THAT Article 17, Section 3.2, Subsection C and Subsection D be amended as follows: 93-59 C. Minor Subdivision. Any subdivision involving less Than six (6) lots in which there is to be no con- struction of new City Streetsapproved Private streets. or extension of City sewers. D. Maior Subdivision. Any subdivision involving six (6) or more lots or which will require construc- tion (or reconstruction) of a City streets n apvreved Drivate str¢et or City Sewer.; and TEAT Article 19, Section 4.3, Subsection J be amended as fol- lows. J. Street grades shall not be less than /$A 1.0% nor me than 6%. Upon review and approval by the City Engineer, grades greater or less than this standard$ may be .allowed. AND S6 IT FURTHER ORDAINED THAT Article 20, Table V-2, Section 2., 8., 4 be amended by adding the following: Other Conditional Uses must meet permitted use standards. STATEMENT OF FACT: Additions are underlined and deletions are IN CITY Coubm December 14. 1992 Aecelved let reading. Referred to Appropriate C it no CI 855 IN CITY COUNCIL January 11, 1993 Amended by Substitution and z Passed by the folloving yes and no votes. Councilors voting yes: Blanchette, Bragg, Frankel, Neel, Shubert, Soucy, Stone and Sullivan. Councilor absent: Cohen. CI'(f CLERK 93-59 ORDINANCE ( TITIE,) Amendine Land Development Code - Chapter VIII, Article 3, Article L. Article 8, Article 10 Article 11, Artiele,16, Article 17, Article 19 and Article 20. Ae®gned roto SG,L�9n Courc tlws MEMORANDUM DATE: December 21, 1992 TO: The Planning Board FROM: The Planning Staff SUBJECT: Agenda Review - January 5th Planning Board Meeting CONSENT AGENDA Item No. 2: Site Development Plan Review - 546 Broadway - Rieha[d Perry a. Applicant reguests site development plan approval to construct a y apace parking lot and loading area at 546 Broadway in a Contract Neighborhood Service District. b. The Board will recall the applicant recently received a contract zone change for this parcel.The applicant proposes to reuse this parcel for professional office use. C. The proposed plan meets all ordinance and submittal requirements as well as the conditions under the contract zone change and Staff would recommend site development plan approval. Item No. Zoning Amendment - Chapter VIII, Articles 3, 4, 6, 30, 11, 16, ll, 19, and 20 - City of Bangor, applicant. C.O. R 93-54. a. City Staff has had ameeting to review any noted housekeeping problems in the new Land Development Code with the Engineering Office, Code Enforcement Office and the Legal office. Out of that meeting came some immediate concerns for tidying up places where references are o improperly noted and other m changes. For the Board's information the following is abrief summary of the reason for each proposed change: 1. Community Living Facility. The Code Enforcement Office felt that it would be desirable to note that provisions of the Federal Fair Housing Act supercede some of our local (State and City) definitions and controls over various housing types in the group home area. Therefore, we propose to add the underlinedlanguage which nates that while we define community living facility as it is defined in State Statute, there are certain types of facilities that a exempt from those provisions because of Federal Statutes. (This gives the Code Enforcement Office a place in the Ordinance to point this out to persons who are inquiring.) 2. croup Homq. Since we have a definition ofonity living facility" and that is the term used i state statutes, w eliminating the group home definition as duplicative. 3. Hnme Occupation or Profession. There is incorrect reference in the ordinance which should have read Part II instead of Part IIl. 4. BrtigIn 4 Eggtion 1. Sulagection p. We were careful in drawing up the new Land Development Code not to create problems for previously approved and developed subdivi- sions. The language in Subsection D was put in to make sure that approved lots in subdivisions which met the development standards of the 1974 Ordinances would be "grandfathered." What we neglected to do was to make it clear that this provision applied to permitted use lots in ether than single-family residential zones. The added language to this section (which may be diffi- cult to see because the underlining i not clear) starts 'in the fourth line and includes the words "foe any permitted use, subject to the applicable develop- ment standards in effect at the time of subdivision approval." This means that if you had an approved and .developed subdivision in an R-4 Zone under the 1974 Ordinance you could stills use the lots for the permit- ted multi -family uses after the passage of the new Ordinance, for example. 5. The other correction under this section was an incor- rect reference to Subsection C (the number 3needed to be deleted in order to correct the reference). 6. Fresh Water Wetland. This amendment is necessitated by changes from the State to the mandatory shoreland zon- ing provisions and the language added to the definition of Fresh Water wetland is "other than forested wet- lands." 7. Yard and Area Minor Variation. There was an incorrect citation of the G 6 ISD gene in the fourthline of rthis section which is being corrected by this amendment. B. Under the same Section 1.8, we have found that the change in standards for some of the built-up area dis- tricts a c eating problems for accessory usebuild- ings. (We had previously provided for some latitude on the part of the Code Enforcement Office in the other subsections of Section 1.8 but we neglected to deal with the accessory buildings yard requirements.) The proposed amendment allows similar latitude on the part of the Code Enforcement Office to reduce the yard requirements for accessary use buildings in the built-up area, residential zoning districts down to five feet from the side and rear property lines (as opposed to eight -foot side -yard minimums and ten -foot rear -yard minimums). This allows flexibility for sit- ing in cramped circumstances and will eliminate unneces- sary Board of Appeals actions. 9. Minimum Travel Aisle. The minimum travel aisle width was inadvertently written at22 feet in this one sec- tion of Subsection A whereas it has been and should be 24 feet. 10. Timber Harvesting. The Shoreland Zoning Article was referred to as Article "28" rather than Article "8" in this section, inadvertently. 11. Oubdimision Definitions.We failed to note that ap- proved private streets are also to be considered (just as construction of a public street would be) in defin- ing minor and major subdivisions. Therefore, we have added the language in Subsection C " d private streets," and in Subsection B "an approved Private Street" to clarify that. 12, Street grades. After some review by our City Engi- neer's Office, it was felt that the one-half percent street grade standard was creating problems by allowing standing water. The minor change to one percent should alleviate this problem. 13. inadvertently, the standard table under 2., B., 4. omitted standards for those conditional uses that were not specifically listed. This amendment simply clari- fies the fact that conditional uses which do not have their own standards in the table must meet the permit- ted use standards in the zoning district. As you c se�. most of these changes a of a minor nature and w would recommend that the Board recommend this housekeep- ing amendment to the City Council for passage.