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HomeMy WebLinkAbout2018-02-12 18-105 ORDINANCETitle, Ordinance 18-105 02/12/2018 CITY COUNCIL ACTION Council Meeting Date: February 12, 2018 Item No: 18-105 Responsible Dept: Legal Action Requested: Ordinance Map/Lot: N/A Amending Chapter 165, Land Development, of the Code of the City of Bangor, By Allowing the Use of Accessory Buildings for Home Occupations Summary This ordinance would amend Chapter 165 of the Land Development Code to allow accessory buildings to be used for home occupations. Currently, 25% of the area of a residence can be used for a home occupation. Detached accessory buildings, such as garages or sheds, may not be used for home occupations at all. This ordinance would remove the restriction on detached accessory buildings. The maximum area that could be used for the home occupation would still be calculated as 25% of the primary residential structure, but that area could be in a house, a garage, a shed, or some combination of all three. The Business and Economic Development Committee recommended this for approval. Committee Action Committee: Business and Economic Development Action: Recommend Approval Staff Comments & Approvals Meeting Date: February 6, 2018 For: 5 Against: 0 As this amendment is to the Land Development Code, it should also be referred to the Planning Board of February 20, 2018. City Manager City Solicitor Introduced for: First Reading and Referral Finance Director CITY COUNCIL ORDINANCE Date: February 12, 2018 Assigned to Councilor: Nealley 18-105 02/12/2018 ORDINANCE, Amending Chapter 165, Land Development, of the Code of the City of Bangor, By Allowing the Use of Accessory Buildings for Home Occupations WHEREAS, at present, accessory structures may not be used for home occupations; WHEREAS, many home occupations would be made easier if garages, shed, and other accessory building could be used; and WHEREAS, other existing restrictions on home occupations will still serve to reduce or eliminate disturbance of neighbors from home occupations; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT Chapter 165 of the Code of the City of Bangor be amended as follows: § 165-22. Permitted use; conditions. After the effective date of this chapter, the use of land and/or buildings shall be permitted incidental to any lawful residential occupancy in any district for purposes of a home occupation or profession, provided that such use shall conform to the requirements of this chapter, including the following: A. Said use shall only be permitted in residential structures and buildings accessory to residential structures;. shall be secondary and subordinate to the primary use of the residential structure as a residence; and the total area used for the home occupation or profession, including areas used in accessory structures 4 shall not rg-ejeess e€ exceed 25% of the floor area of the residential dwelling unit. B. Said use shall be conducted wholly within the dwelling structure and shall iget be ,.,'},.. ded to any f -Fee accessory building or buildings. C. Only members of the family permanently residing on the premises shall be employed in such occupation or profession. D. No stock -in -trade may be kept on the premises other than that which is directly required or produced by the occupation or profession. E. There shall be no over-the-counter or customer pickup sales conducted on the premises. 18-105 02/12/2018 F. There shall be no outdoor display or storage, offensive noise, vibration, smoke, dust, odor, glare and other indication of such occupation or profession and no variation from the residential character of the dwelling, other than a nameplate as permitted under Chapter 260, Signs, of the Code of the City of Bangor. G. Notwithstanding the requirements of Subsection C above, a home occupation or profession may employ one person outside the family, provided that such use is located on a major street, as defined in this chapter, and adequate off-street parking is supplied on the site for the employee and for any other parking need created by such use of the premises. H. Such activity shall not be initiated without prior registration of intent with the Code Enforcement Officer. Additions are underlined, deletions stFHElo. MEMORANDUM DATE: February 21, 2018 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Zoning Ordinance Accessory Structure Use in Home Occupations C. O. #18- 105 Please be advised that the Planning Board at its meeting on February 20, 2018, held a Public Hearing on the above text amendment. Chairman Charles Boothby opened the public hearing and asked the City representative to make a brief presentation of the change. Planning Officer David Gould indicated the proposed amendment would allow portions of, or whole Home Occupations, to be conducted with an accessory structure. Previously, Home Occupations were only allowed in the primary residence. Planner Gould noted there are numerous standards which regulate Home Occupations; employees, signage, floor area limitations and others. Mr. Gould noted that Home Occupations are solely reviewed by the Code Enforcement Office. However, being within the Land Development Code any change must have a hearing before the Planning Board. Mr. Gould noted there were no other changes to the Home Occupation standards. There were no other proponents or opponents to the proposed text amendment. Chairman Boothby closed the Public hearing. Member Guerette moved to recommend the proposed Text amendment for Home Occupations to the City Council. Member Durgin seconded the motion and the Board voted unanimously to recommend C. O. #18-105 to the City Council. IN CITY COUNCIL FEBRUARY 12, 2018 COr 18-105 FIRST READING AND REFERRAL TO PLANNING BOARD MEETING OF FEBRUARY 20, 2018 CITY CLERK IN CITY COUNCIL FEBRUARY 26, 2018 COr 18-105 MOTION MADE AND SECONDED FOR PASSAGE VOTE: 8-0 COUNCILORS VOTING YES: DAVITT, GRAHAM, NEALLEY, NICHOLS, PERRY, SUPICA, WESTON, SPRAGUE COUNCILORS VOTING NO: NONE PASSED 4-A,CITY CLERK