HomeMy WebLinkAbout1993-12-13 94-41 ORDINANCEDate YeD-ag_pyn Item No. I-41
Itemisubiect: �� i Marlisrg �' N, Axt. 3, Sec. 3 of the Ian and
of the City of Berger — R bite
Besponsime Department: IVOensa Pewbiolo3is
city Paager
commnrtary:
M wave xaattly approacLal by Yemen iaraece Baran, an attorney xe...mart; q
Orledo Nati, sr. wttli the zegueat That w Brad tta City's ('uie of sw.t:.•^^`+^
to elimWt certain req � which are coxrmtly Planed on llceneed
PawLalae. T beak chorge would ellmvate the req. for Pmmbxoioars
to heep detailaw recover of the puahasus of property from tloe= planes of
bueiness.
Attacired you will firm a letter £.ren Fe. Baron, a COPY of car existing
Oadiaance, a cepy of a recent state ]aw which changed state xegulatfon foe '
Pawnbalaxs.
me. Baaon a Br. Frdti appeared Lefnm tta Mvucipal Operarhans C ttee
which has reccm tl that we pvc a with thfe clangs. It hes also Learn
xa ie by L the Polity Daps t e tic Legal Office amd wit3ct of t e
DaPssrurenrs of the City have m objections w firms change.
D",tmeas Head
Manager's Commams:
Sian neither Iegal nn the Police Departmamt have any cbjectf I wind
recc meal that the cuu cA proceed wtttr this aarcAa2.
Associater Information:
AaarLn3tt, wetter from yevin sexton, Existing ovdinecs, State waw
Budget Approval:
II'' Fawx ves,m
Legar�l,�Approval: 7i+%5 ]genre W%(( /+ dire fve w d
A £Vil&tofia vd�t)i /err /i'ro( <Stda cur sau<;m.
Introduced For
mpawage
TslotReading Page _ of
Referral
pate Wj20.13-23W Item No. 9 I-41
Item/Subject: =11slAIMr AmwdiM M. N, Art. 3, Sec. 3 of the I arcl
Onlix�arces of the City of Bangor — aay.s.ta
Rapomible pepenment Of g.icense to pmmb[olgEis
City Maraget
Commentary:
Fie a xxently by Basion, an attone'Y req a cawt
Oxlardo 1 ati ft. with tate request that we mtmei the City's (kids of Ordinances
to el+mr.ute cexiafn xe9aixerents witich ate c uxmstly 1p + on licmtsal
narmbml�s. 9a basic chaz would elimtnate the .e;� fox Pmmhio
to keep de eei mminds o£ tte punchasens of pccpesty fxat tIlo= places of
husisess.
Attxhed yea w111 find a letter fi® W. Mason, a copy of aux existing
@ditwice, a copy of a xecmu state law which changed state ,� fox
Pa nbno)Qexs.
Mx. sarmn and W. Fnatf appeared befom itse Mudcipal .ex� aamdttae
which }as recaterertded That we F¢vo3etl with this cl ar . it has also beat
=evicted by boT1s the Police Depaxtrent aM LTE legal Office asd mfthes of those
CepvUo " of t City have any ciaj ora to this change.
Marager's Comments:
Sd smiles Segal mcgx the Eburs Ilep n t Save ary ebjectiats, 1 world
vewmrerd that the lbsamll pn¢eal with, osis atnaidaast.
m8
Aaociaad information'
NrmvlveeR, lett' fiat Reytn Bavxon, 0tiatiM Ondinaee, State Smi
Budget Approval:
Legal Approval:
City solivi,ar
IntraducM For
ckl Passage
TRra reading Paye of
etaral
Auigaed to Cwuw:ilor Bls chette Deeemeer 13, 1993 9441
CITY OR BANGOR
(TITLE)" Ch. rv, Art. 3, sec - -3 of tha Cna arct rh+a+.....e=
of the City of Bangor' — BsQulrarents of Cicalae to PeamErokers
Ba 6 ordatM MT As CW Cse ofW My NBn .ofd .*
Ch. N, Art. 3, Ss. 3 of the Cans and Ordinances of t City of
-Bpr is hereby aided to r ad as follows:
Sec. 3 � of Cfcased B�Every perEm, fins or
ccnpssa m engaged fn business fn the City of Bangor under license
as provided by the laps of Uie state or onlvmices of the City, ae
a pawnbroker' dell matm aad-xncaeh-6a€as6ay-£e-wei6ing-ac-9a,
eregaektia€er to Hae office o£ the Bolfce
Chiefr duriw reaular huainess hours a cos list or
trareectiona mcorda cont ' � an aeaaaaEa account aeM
dews€B€+ss of a pr paty mse#vsl hold in �
@aRkaeL'9--st�aeldr - drFi_._. __ .__,E_int azd the naaa
acl residence of the psmer_,-aellaErl haseer- ,-er
€ter-€€a�r�eepeeaeass-�sde9-ee-dmfs-r.-iFA-ax9-xAe
dsegecs '-tegeF.�-�fA-a-akaxarens-e€-she-sive
Maes-seek-f�setY-woe-gaxm4r-s€€�A-Ta-A�'nr-6asHhf�-aeldar
efNeew£ee-Yeddernelr�'aded��a3E-in.
94-41
ORDINANCE
AMENDING CHATTER IV AR1.3
IN CITY :000Nah I)ECENBEk.13, 1993 ( TPI j SEC. 3 OF THE LAWS AND ORDINANCES
FIRST READING `' OF THE CITY OF BANGOR REQOIRENENTE
OF �LICENSE TO PAWNBROKERS
CITY CLEIj.R
IN CITY C00NC$L 1
DECEMBER 27, 1993 �uC iLwm
Vote 9-Yes
Voting Yes:.
:' .erol,.eloeCoven,
To Tut, SStone, Sullivan.
6 Tyler
CITYERR
94-41
KEVIN LAWRENCE BARRON
TTIORNEYATIAW
ommec n.w THEMONE: MMamE �•
o.o.scmwma.mmeaw
The Ron. John Bragg ,
Bangor City Councilman
Bangor city Ball
Bangor, Maine 04401 FOR DELIVERY IN HAND
October 18, 1993
re. Revision of BGR City Ordinance, Ch IV, Art 3, a. 3;
Regulation of Pawn Transactions - Record Keeping 6
Regular Reports of Transactions to Benuoz PD
Dear Mr. Bragg,
The writer represents Mr. Orlando Frati, Sr. and his
third generation buy/sell business at 55 State Street in your city.
Mr. Frati has asked an to request the Bangor City Council to
consider modest revisions to its pawn ordinance in of laws
recently enacted by the Legislature to protect the public interest
and the pawn industry. Specifically, my client has proposed
revisions to the ordinance which comply with the recent acts of the
Legislature and which would prevent new record keeping duties from
placing an undue burden on his business. The net effect of the new
State law and the proposed changes to Bangor's ordinance would keep
the buy/sell and pawn business working in the city and assure the
e
accurate record keeping all have enjoyed over the years. For your
convenientreference, I enclose a copy of the new State of Maine
Statute, a copy of the current ordinance and a proposed redraft of
that ordinance. My client and I also enclose some items of
interest for the Council's perusal.
The issue is straight forward and it typifies the problem
one encounters when State law changes and local ordinance does not.
The new State law and its definition of -pawn transaction" now
brings the buy/sell business under its ambit and appears to require
buy/sell businesses to comply with the City pawn ordinance. As you
can e from comparison of the ordinance and the State law, the
ordinance is more stringent in that itrequires the merchant to
maintain personal records on the third -party purchaser -s well a
the seller/pawner - of a pawned item. The State law hasno such
requirement.
In short, compliance with the pawn ordinance, as applied
by n state statute, would c rm
e his business substantial ha.
Because s
e State law n includes the buy/sell business under the
rubric of pawn transactions, my client rightly believes that taking
and maintenance of personal data on every purchaser of a pawned
item transferred to inventory will result, eventually, in the
closing of a downtown Bangor business that has served the community
for some sixty years. He is certain that his customers will view
9944-41
T'
these records as anof their privacy - what other cash
purchaser would be required to disclose personal data? -and that
customers will decline to make the purchases.
My client's first-hand experience with the present City
Ordinance when it was applied to the second hand ordinance several
years ago has proved that purchasers do not purchase where they are
required to produce identification and give aand address i
what straight cash -fox -goods transaction. My client's
proposed amendment to the ordinance would merely allow business to
continue in compliance with new State law and satisfy the City's
long standing regulatory interests.
My client's proposal has recent precedent. You may
recall how expanded application of the current pawn broker
ordinance has been struck down on prior occasions. (See news
clippings.) when the terms of City pawn ordinance were expanded
several years ago to encompass regulation of second hand dealers,
some two dozen businesses came forward to argue its repeal. Like
the pawn business, the second hand dealers correctly believed that
onerous record keeping requirements and violation of buyer privacy
would force than to close their doors. That argument was accepted
and prevailed in a special hearing and the ordinance was withdrawn.
The history of the pawn ordinance may be of interest to
you and your fellow councilmen. Almost twenty years ago, the
Bangor City Council passed the current City ordinance requiring
pawn brokers to keep detailed written records of both the person
pawning an item and records of the name and address and other data
concerning the purchaser of the pawn item placed for sale. Due to
thehardships imposed by this latter requirement (especially
collecting buyer data), persona in my client's line of business
closed their doors on the pawn business and reopened as buy/sell
houses, keeping all the appropriate state sales tax records and
Paying the sales tax. Instead of making a loan secured against a
item of personal property, the buy/sell house simply purchased the
item outright and agreed to sell it back to the seller within a
given time.
The new State law appears to make the provisions of the
pawn ordinance unnecessary. As you know, the pawn business has
long been subject to regulation and the great many businesses like
my client's cooperate fully with standing law and ordinance. In
keeping with this spirit, Maine pawn brokers and buy/sell
businessmen, their nationalaiation, CLSDA, and the Maine
Attorney General met members of the 116th Legislature in Augusta
before the April 15, 1993 enactment of Maine Public Laws, Chapter
59 (30-A M.R.S.A. see 3069, a ended). The new statute addresses
a range of issues, including state licensing, keeping of uniform
records, the duration of the pawn transaction and the amount of
interest charged, a uniform consumer credit disclosure statement
and filings with law enforcement agencies and Maine banking
regulatory agencies. This statute passed with the Legislature and
the industry in harmony and my client supported and was involved in
its passage.
As with any law or ordinance, the law making body usually
sighs the benefits and burdens created by legislations The
operating history experienced by the Fratis shows that leaving the
current ordinance in place in the face of new State law would
produce great burdens that greatly outweigh any expected benefit.
My client has experienced virtually no problems with stolen
articles in the current buy/sell, precious metals and second hand
goods businesses. The Fratis regularly check the identity of
seller (Maine driver's license) and, in any case, the vast majority
of sellers are long-time frequent customers of the business. in
point of fact, the Fratis have conductedover
two thousand
transactions this year a of October 1, 1993 and have yet to
receive a single complaint about stolen items.
Moreover, even if the pawn ordinance created
substantial benefit to the public interest - which it does not
appear to do - its application is not sensibly designed to achieve
the intended purpose. According to the Fratis' experience over
generations, only one item in thousands is discovered to be
improperly pawned and, in nearly every instance, the event involves
a dispute among family or household members. In such instances,
the identity and location of the pawner are intimately known to the
owner of the item. In truth, the pawned receipt of a stolen item
is a rare, rare event, contrary to what the terms of the statute
imply.
The pawn ordinance creates an added complication due to
the existence of licensing and regulation of the used goods
buy/sell and precious metals businesses. (The Fratis hold a license
of each of these as well.) A separate, supplementary set of
records would only serve to increase what is already a large burden
on a small family business.
Finally, the Maine buy/sell dealer, the Fratis being n
exception, has always kept detailed records of the seller's name
and addreea and requested identification. As always, these records
are open to inspection by all law enforcement personnel.
In behalf of my client, I ask you to support the proposed
change to Chapter IV, Article 3 of the City of Bangor Ordinances.
Best regards,
KEVIN LAWRENCE BARRON
Attorney `arr�
ncls.: City of Bangor Ordinance; Proposed Changeto Ordinance;
30-A M.R.S.A. secs. 3960 - 3969-A; assorted clippings
PROPOSED REVISION OF CHAPTER IV, ART. 3, SEC. 3
OF THE
BANGOR CITY ORDINANCES
To read as follows:
Sec. 3 Reuuirements of Licensed Pawnbrokers. Every
Person firm or corporation engaged in business
in the City of Bangor under license as
provided by the laws of the state or
ordinances of the city, as a pawn broker shall
make ailable to the office of the Police
Chief during regular business hours a correct
list or transactions
records ^ containing an "
account " of property held in pawn ^ and the
name and residence of the pawner ".
C.6Yy - Of : f WC-OGt
CHAPTER IV I •
ARTICLE 3 - PAIMBROKERS
p kp l No person, firm or -corporation
orporation shall engage
Sec. 1 - in the pawnbroker's business in the City of
Bongo[ except under written license granted by the City, Council and issued
utast the signature "OF the City Clerk.
.*Definition$:. -
e*(aJ Pawnbroker: any person. firma corpora cion engaged in the business
of pewnbroklnR far which a. license Se required vada<
_ 30-A H.H.S.A. 4 3961.
.+(b) Dea1e[: any person, firm or ortvdio nuBedepersonal in hYrope l[Vas o[
purchasing. selling e 8
ll
1.1 License Fee. 'rho payment
ofea fifty dollaereinbefore r fees Lo the City Clacked oa
payment .
inve
in force
1 .3' Effective Date the
f�rstnses a Monday9 11 in Maynextfello"ngYe tl
u Riess Sooner [evoked by late OF the City Council' ext
1.3 Record Agent of LECanse The City Clark shall keep a acSuch
k ke
licenses and [ *tions in ae back kept And
Properly indexed therefor. c
s. Applications fav Pawnlicense shall
Sac. 1 Application Been Irtent designer* the place where the basins Sa is m be
carried on.
Fir, Or
SAC. J Re ul [omen to of Licensed Pawnbrokers. EveryRRnpa in ba sines* in C the ?ie!aa
provided by the laws of IF¢ sur or ordi La nc es c e
Bangor under ¢leans as Pi make and i each Saturday in eri lag at e
City , an a pawnbroker spell return list (.
'clock in the foranodn, eta the office f ehePoltc¢ Chief. rico and
containing an accurar"On et- sRd�eesii�2sOIA,d°i °fvraded or g "ie
hold 1 p 6i h ld. p S.— -
name tl d t thepa e d t`ti}bL,-- dgL _ °.dlor c ..
t i n. s o o Arey" i d pc.*..r u,
OARetNr*r wit �nf_E: v La 14 1
kF... kwt%=— a e
Or carper*![Sen ¢ lie ^ne d shall de
3.1 'S1 M1e aired. Every Person- nigood co s ice a place and e
I put and keep 4• tr t o a
of such place of business, sign dfls ignating. �0 licensed paceb[eke
and the name of such licensee. - A'
Or
ry
Sec. 4. "Renaltles. Violations of any of the provisions of this ornance *fie City
the conditions of any pawnbroker's license granted
of Bangor shall be punished by a fine of not leas than fifty dollars
snor
more than are hundred dollars for each separate offense, an each Offense
violation at any provision hereunder shall be deemed a Separate o
*Amended February 13, 1989 c.0. 99-94
A*Amended January 14. 1991 - Effective 3anuasy 24, 1991 f:0. 91-44
••
111. 1
sec.
l-
Sec. 4
94-41
94-41
KEVIN LAWRENCE BARRON
ARoFNEYAT1AW ()
umm�axn U113flONE: Nf]gyM �•
fm2!w reamnep
The Hon. John Bragg Pamnm,eaxeaacn sem NOW
Bangor City Councilman
Bangor City Hall
Bangor, Maine 04401 FOR DELIVERY IN HAND
October 18, 1993
re, Revision of NOR City Ordinance, Ch IV, Art 3, e. 3)
Regulation of Pawn Transactions - Record Keeping 6
Regular Reports f Transactions to Bangor PD
Bear Mr. Bragg,
The writer represents Mr. Orlando Frati, Sr. and his
third generation buy/sell business at 55 State Street in your city.
Mr. Frati has asked me to request the Bangor City Council to
consider modest revisions to its pawn ordinance in w of laws
recently enacted by the Legislature to protect the public interest
and the pawn industry. Specifically, my client has proposed
revisions to the ordinance which comply with the recent acts of the
Legislature and which would prevent new record keeping duties from
placing an undue burden on his business. The net effect of the new
State law and the proposed changes to Bangor's ordinance would keep
the buy/sell and pawn business working in the city and assure the
accurate re cord keeping all have enjoyed over the years. For your
convenientreference, I enclose a copy of the new State of Maine
Statute, a copy of the current ordinance and a proposed redraft of
that ordinance. My client and I also enclose some items of
interest for the Council's perusal.
The issue in straight forward and it typifies the problem
one encounters when State law changes and local ordinance does not.
The new State law and its definition of -pawn transaction now
brings the buy/sell business under its ambit and appears to require
buy/sell businesses to comply with the City Pawn ordinance. As you
can e from comparison of the ordinance and the State law, the
ordinance is more stringent in that it requires the merchant to
maintain personal records on the third -party purchaser - as well as
the seller/pawner - of a pawned item. The State law has no such
requirement.
In short, compliance with the pawn ordinance, as applied
by new state statute, would cause
e his business substantial harm.
Because State Law now includes the buy/sell business under the
rubric of pawn transactions, my client rightly believes that taking
and maintenance of personal data on every purchaser of a pawned
item transferred to inventory will result, eventually, in the
closing of a downtown Bangor business that has served the community
for some sixty years. He is certain that his customers will view
these records as an invasion of their privacy - what other cash
purchaser would be required to disclose personal data? -and that
customers will decline to make the purchases.
My client's first-hand experience with the present City
Ordinance when it was applied to the second hand ordinance several
years ago has proved that purchasers dont purchase where they are
required to produce identification and give a n and address in
what is a straight cash -for -goods transaction. My client's
proposed amendment to the ordinance would merely allow business to
continue in compliance with new State law and satisfy the City's
long standing regulatory interests.
My client's proposal has recent precedent. You may
recall how expanded application of the current pawn broker
ordinance has been struck down on prior occasions. See news
clippings.( When the terms of City pawn ordinancewere expanded
several years ago to encompass regulation of second hand dealers,
me two dozen businesses came forward to argue its repeal. Like
the pawn business, the second hand dealers correctly believed that
onerous record keeping requirements and violation of buyer privacy
would force them to close their doors. That argument was
accepted
and prevailed in a special hearing and the ordinance was withdrawn.
The history of the paw ordinance may be of interest to
you and your fellow councilmen. Almost twenty years ago, the
Bangor City Council passed the current City ordinance requiring
pawn brokers to keep detailed written records of both the person
pawning an item and records of the name and address and other data
concerning the purchaser of the pawn item placed for sale. Due to
thehardships imposed by this latter requirement (especially
collecting buyer data), persons in my client's line of business
closed their doors on the pawn business and reopened as buy/sell
houses, keeping all the appropriate state sales tax records and
Paying the sales tax. Instead of making a loan secured against a
item of personal property, the buy/sell house simply purchased the
item outright and agreed to sell it back to the seller within a
given time.
The new State law appears to make the provisions of the
pawn ordinance unnecessary. As you know, the pawn business has
long been subject to regulation and the great many businesses like
my client's cooperate fully with standing law and ordinance. In
keeping with this spirit, Maine pawn brokers and buy/sell
businessmen, their national association, CLSDA, and the Maine
Attorney General met members of the 116th Legislature in Augusta
before the April 15, 1993 enactment of Maine Public Laws, Chapter
59 (30-A M.k.S.A. sec 3069, as amended(. The new statute addressee
s
a range of i including state licensing, keeping of uniform
records, the duration of the pawn transaction and the amount of
interest charged, a uniform consumer credit disclosure statement
and filings with law enforcement agencies and Mine banking
regulatory agencies. This statute passed with the Legislature and
the industry in harmony and my client supported and was involved in
its passage.
As with any law or ordinance, the law making body usually.
sighs the benefits and burdens created by legislation. The
operating history experienced by the Fratis shows that leaving the
cuTrent ordinance in place in the face of new State law would
produce great burdens that greatly outweigh any expected benefit.
My client has experienced virtually no problems with stolen
articles in the current buy/sell, preciousmetals and second hand
goods businesses. The Fratis regularly check the identity of
seller (Maine driver's license) and, in any case, the vast majority
of sellers are long-time frequent customers of the business. In
point of fact, the Pratte have conducted over two thousand
transactions this year as of October 1, 1993 and have yet to
receive a single complaint about stolen items.
Moreover, even if the pawn ordinancereated a
substantial benefit to the public interest - which it does not
appear to do - its application is not sensibly designed to achieve
the intended purpose. According to the Fratis' experience over
generations, only one item in thousands is discovered to be
improperly pawned and, in nearly every instance, the event involves
a dispute among family or household members. In such instances,
the identity and location of the pawner are intimately known to the
owner of the item. in truth, the pawned receipt of s stolen item
isa rare, rare event, contrary to what the terms of the statute
imply.
The pawn ordinance creates an added complication due to
the existence of licensing and regulation of the used goods
buy/sell and precious metals businesses. (The Fratis hold a license
of each of these as well.) A separate, supplementary set of
records would only serve to increase what is already a large burden
on a small family business.
Finally, the Maine buy/sell dealer, the Fratis being n
exception, has always kept detailed records of the seller's name
and address and requested identification. As always, these records
are open to inspection by all law enforcement personnel.
In behalf of my client, I ask you to support the proposed
change to Chapter IV, Article 3 of the City of Bangor Ordinances.
Best regards,
KEVIN LAWRENCE BARRON
Attorney `t-
encls.: City of Bangor Ordinance; Proposed Change to Ordinance;
30-A M.R.S.A. secs. 3960 - 3964-A; assorted clippings
94-41
PROPOSED REVISION OF CHAPTER IV, ART. 3, SEC. 3
OF THE
BANGOR CITY ORDINANCES
To read as follows:
Seca 3 Reouirements of Licensed Pawnbrokers. Every
person firm or corporation engaged in business
in the City of Bangor under license as
provided by the laws of the state or
ordinances of the city, as a pawn broker shall
make " available to the office of the Police
Chief during regularbusiness hours a correct
list or traneactio orde containing a
account
of property eheltl in pawn and the
name and residence of the pawner ".
C� YY of goc-are
sec. 1
CHAPTER IV
ARTICLE J - PAHHEROHERG
94-41
I'
'1 Resulted. NO person. firm a corparation shall engage
Pawnbrokers in the paunbreker'ebueinun
ra ithe city of
Bangor except under written License granted by the city, Council and issued
under rho Signature of the City Clerk.
J*R finlilons:. firm a corporal a engaged In the business
u (a) Pawnbrokers any per¢en,
of pevnbraking for which n licence Is resulted under
Jo -A N.g.s.A.' p 3961. A in the business at
can
*1(b) collect a
ny person-'rm r corporation
ur ing•[llinNtradinguFcdnpersonal property'
1.1 License Fee. The license herainbefore ce9uieed r,eaCit+e Clark.
d on
payment of a fifty dollar fee to
1,Z Ef fac[ive Bete f License. Such licensee shall continue in force until
=�� she fere[ Monday 1" Nay n t fol la•'inF.
vola is sooner revoked by vote of he City Council.
the City Clerk shale rd cf such
1.3 d Re of Licensee -keep a eco
nsaB d t Sans in aboek kept and
' 1 ime.ed therefor.
proper y
-Sec. 1 Application Re vire ents. Applications
for
plaacwvhv x vet ha business is license * Sal io Le
design
carried o t
J Re uifamenke of Licensed Pawnbrokers- Every person. Eire or corporation -
Sec.
engaged in bur states Still Cir, o
Sanger under license as provided by tLe .lawn of the tufa. of ordinances ro,enbe
shall make and [ t ach 6atu rosy in writing list f
Ca a pawnbrokerand
'clocks in the forenoon, to the office of the P I Chief. a c�o rxf at
Containing an aG Luriawmnmm mold and'9eap.[.A Std. Waded or dealt {n. enc .,a +
held in pawn, 6F ke1A d'.adque-
"pe r_
r
name d residentst to p w d [•no
-ard • pawned: B fa:ec
or prPmF A Seattle ontfsad [oaatlh Aaati Ie
r Ar
_
spiralr
ration •e licensed shat
Enquired'Eveperson, firm67
ee epi cna s plat and outside
J.1 g1Put and keep f v n p a an
of such Piece o[ bur sinews, sign designating,ua licensed pe'+nerak
and the name of such licorice. -
Sec•_4 Renal �t its, Violations of any of the pxovblom of [hie ordinance or any of
the conditions of any pavnbroke ['a license fifty d llar$ nor J
of Bangor shall
hund radnished dollera far fine
cM1 fnot a
eparnis offensI so thane fiftyAnd
each days
cion o Lion hereunder dull be deemed a Sepaxau offense.
violation hof any hu Prov _
'*Amended February 13, 1989 C.O. 89-94 1991
+*Aga aced Jenue[y Ib, - C.O. 91-44
1991 - Effective January 94,,
Excerpt From Staff Memorandum for December 21, 1993 Planning
Board Meeting
Item No. 4: Amending Land Development Code - Chapter VIII,
Part III, Article 14, Section 1 - Waterfront
Development District - City of Bangor. C.O. $ 94-
42
a. The Waterfront Development District has been in existence
for three or four years at this time, but has never really
been used, as most of this area is yet to be redeveloped.
At the time that the district was drawn up it was proposed
have a kind of hybrid zoning use which would provide for
Maine crafts, local manufacturing or processing activities
which would be of interest to the visitor of the Bangor
Waterfront area. However, this was never implemented in the
zoning district language. Given recent interest in this
kind of activity, the City is proposing to add an
amendment
to the waterfront Development District which would provide
for such a unique waterfront use.
b. The specifics of the use (which would be a conditional use
requiring a land use decision by the Planning Board) would
provide for limitations on the amount of floor area (20,000
sq. ft.); require sales and viewing activity related to the
processing, crafting or manufacturing activity within the
building and would prohibit any activity generating fumes,
excessive noise, or airborne particles.
C. Much of the land in question which is not presently
developed is owned by the City of Bangor and by the
Railroad. The most accessible part of the zoning district
at the present time is the frontage along Front Street which
is caned by the City. It is anticipated that additional
safeguards would be provided for any development which took
place on City property as part of the negotiation for long-
term lease or sale of such land.
d. Given the somewhat unique site where the riverfront and land
activity join along the Bangor Waterfront, it appears
necessary to provide for some unique activity which might _
take place in this area. Staff would recommend that the
Planning Board recommend this zoning amendment of the Land
Development Code to the City Council.