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