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.
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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.