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HomeMy WebLinkAbout1987-12-28 88-57 ORDINANCEIntroduced by Councilor Sullivan, December 28, 1987 - CITY OF BANGOR (TITLE.) OrbittffiECAr, i g Chapter VIII, Article 21, section 10 of the Ordinances of the City of Bangor — Site Plan kpproval Zm U ondaiwed by tke Ctty Cow+wu ofw CUy afi4awyor, mm folbwr THAT Chapter VIII, Article 21, Section 10 of the Ordinances of the City of Dengor is deleted in its entirety and replaced with the following: sec. 10 site Plan Approval. (l) ApplicabilitY.Site plan approval by the Planning Sound shall be required for: (a) Any change in a Con-wnfoxming use (hl My special exception (c) My church, funeral home, hotel, motel, or off-street parking lot or structure (d) My gasoline service station, car wash or drive-in husiness (e) My use, including permitted uses, in a C-1, C-2, C-3, C-4, I-1, I-2, I-3 and C s I zones M Any use of lead, such as a parking lot or autaailrile sales for which use a building is not of primary importance and Mich use includes at least 10,000 square feet of lani on which parking lot will Contain 50 ore spaces. (g) Joint use of loading spaces by two or more users in a Central Business, Ccrmercial Cevelopmdnt, Industrial Park Or Airport Zone (h) My use of land to construct an apartment building with four or more units (i) My use in an AP zona except those listed in Article 20, section 3(3)(a). U) Ary addition to an existing building which increases the total floor area more than 58, provided that such existing building or part thereof is used in an at ve enumerated secret. (k) My expansion or change of existing site improvements, including but rot limited to, parking or traffic circulation. 88-5] ORDINANCE In City Council Dscenber 28,1987 ( TITLE.) Anercling Chapter VIII Article �I' refezm to planning marc consiaer section 10 of the dordinanc of the city ott 7 DEC 23 V4 xti neat rteetuy Bangor - site elan approval / kEOF BA l CITY CI OF BANGOR CLERX City clerk Intro3ucal ft �Q Cwux (icon In City Council Januazy 11,1988 refered to plannning board mnsu`der nett/n/eettLl9'-_` Q K Ci Cler] in city council January 25,1988 Passed as amerdei Aunt attad ed wte 8 yea 1 Absent voting yes Blanchette Cox,myla.Vjvan,Tille.1, S ant Frarj.ivan,Tilley Absent Fxacl6el 4 (2) Exceptions. Notwithstanding the requiresents of this section, site plan approval will not be required for a change in use frog one permitted u n the zone to anothere i permitted use an existing structure under the following camiitions (a) there is m increase in the floor area of the structure, (b) there is no change in exterior site fi p e ants, and (c) the number of parking spaces required under this Ordinance will not be increased. 13) Site Plan Application Procedure. A. Every applicant shall provide four (4) copies of a site plan clearly irdicatirq the following: (1) scale (2) attests and property lines (3) outlines of all buildings, stowing the nuaber of stories, location of access aM proposed uses 14) layout and location of off-street parking and loading spaces and access drives and vehicular maneuvering areas (5) location and size of free-standing signs, gasoline pumps and awilar structures (6) location, intensity, type, size and direction of floodligbts or other outdoor illumination (7) location and type of screening (e) oMscaphy (9) topography of a contour interval our less than two fact adequate to Choy the effect upon adjacent pro;er t1aata le unless the City adequate shall determine that a lesser interval is adequate to evaluate site oaMitione 1101 all towhead and supply an] wast utilities includsysbaning onsite water supply a� waste disposal systnds (11) adjacent building outlines and other re asoutstanding featured within 200 fees of the site as reaswrebly required by f w Board (12) frosting o of whether the above features are existing x proposal. B. Submittal procedures shall As crnmencad as follows: (1) Applicant shall subnit one (11 copy of the site plan to the Cade Enforcement officer for review in accordance with the provisions set forth in Article 23, Section 313). Applicant shall concurrently make application for a building permit. After review, the Cade Enforcement officer shall advise the applicant ad the planning Officer of any failures to couply with Section 3131 criteria. -2- (2) Applicant shall sutnit.tbree (3) copies of the site plan, a caopleted site plan application ad a filing fee, inaamount as may he established frau time to tine by order of the City Council, to the Planning Officar. T Planning Officer dull thereafter notify the owners of property abutting and/or within ore hundred (100) feet of the exterior boundaries of the subject property, that a request for site plan approval is pending before the Planning B rd. The application fee and any notice charges incurrwd, including fees for advertising, shall be borne by the applicant. (4) Planning Staff Review. The Planning Officer stall review the application and site plan for ompliance with the provisions of Subsection 3 and shall, within ten (10) days after receipt of the application and site plan, notify the applicant of any deficiencies in the application and/or the site plan and re nave d modifications thereto. line applicant may then amend the site plan and/or application, cr pro - read to the Planning Board for review without anendnent. The Planning Officer shall advise the Code Enforcement Officer of my menlaents to the site plan prior to Planning Hoard review. (5) Planning Board Actino. (a) The Planning Officer shall than submit the application and Site plan to the Planning Eoerd with his written recamendation thereon. The Planning Board shall review the application and site plan at its text regularly scheduled meeting and shall within twenty (20) days after the date of such review either approve, approve with modifications, or disapprove the plan; provided, hcesaer, that an site plan shall be approved unless it receives at least throe (3) affirmative votes. If a majority of the Board shall so order, it shall hold a public hearing on said plan and after such public hearing, either approve, approve with modi- fications, or disapprove the application and site plan as shwa. The PlanningDirectorshall then return the application and site plan to the Cede Enfoicanent Officer, who shall immediately, issue or deny a building or occupancy permit in accordance with the final action of the Planning Hurd. (b) At any Irani review or Hearing, a party may be represented by an Attorney or other representative. My person may file with the Planning and Community @velopnent Director a written request for a Public -3- gearing. Any scheduled hearing shall net m continued to another time except for good cause, and when such continuance is requested by the applicant, all advertising coats shall he horne by the applicant. Failure by the applicant or his designated representative to appear at the Planning Board meeting for which his proposal is to be heard shall result in the propcaal being tabled until the next regularly scheduled meeting of the Planning Board unless the a of raaolves to either approve, approve with codification or disapprove the application. (c) Site plan approval secured under the provisions of this Ordinance by more of the Planning Board shall expire if the me, work or change involved is not commenced within one (1) year of the data on which said site plan approval is granted, or 1f the work or change is not substantially completed within two (2) vers of the date on which said site plan approval is granted. The Planning Board may slerten the time periods prescribed above wham such action hest serves the intent of the Ordinance by avoiding anrily long time period yet does not impose anunreasmmble hurden upon the applicant. The applicant shall indicate commencement and starting dates on his site plan application. Bxpiratl= of the applicable dates prior to coneencavent or substantial completion of the work shl alvoid the applicant's site plan approval unless the Code Enforcement Officer has granted him an extension of time rot to exceed sixty (60) days. The Ccde Enforcement Officer shall grant such an extension if he finds that applicant has diligently pursued his obligations under site plan approval and that an extension is justified by adverse weather, by delay in material delivery due to no fault of Una applicant, or by other valid reason. If the Code Enforcement officer denies a request for an extension, the applicant may appeal to the Planning Board w1aich may reverse the decision of the code Enforcement Officer where such decision was clearly in eIf additional extensions a required, the Planning Burd may grant such extensions, even beyond the one year and tmo year requirements prmarihed sonde, based upon the same standards employed by the Code EnfOCcamant Officer. No Certificate of Occupancy shall be issued by the Code Enforcement officer =less all improvements shown on the site plan including memening, planting, and landscaping am conplemd. In the event that -4- sale elevens of the site plan cannot be oaupletecl because Of cimmstdnces beyond the Control of applicant (such as non-availability of materials or adverse weather), a tewporary certificate of occupancy may be issued by the Cade 6nformnent Officer provided that: 1. Applicant files a written request to the Cote Entormnent Office with a copy to the Planning Wam for the granting of the Tanporary Certificate of Occupancy to include justification for the request and the date by which all rewining site ieprweeonts will W rrngleted. The Code Enforcanent Officer will notify the applicant in writing of his decision to grant orwithhold the e granting of the Tanporary Certificate, occupancy within thirty (30) days of applicant's written request. A copy of this notification will be forwarded to the Planning Board. Failure of the Cade Enformnent Office to notify the applicant within thirty 130) days will constitute denial of the request. The Ta porary Occupancy Deceit dull be issued to expire at a date certain, by which data the applicant cost have procured a pemoansnt Certificate of Occupancy fron the Code Enforowent Officer. If this requirmoent is not set, the applicant's site plan approval is null and void and applicant shall be considered to be in violation of this Ordinance. The granting of a 'lanporary Certificate of Occupancy by the Code Enformesat Officer will in no case relieve the applicant of any obligations under the project's site plan approval, including required caspletion dates, except as say be extended under the procedures for extensions provided for in this section above. (6) Site Plan Ppprwal Standards. 'h:e Planning Board shall not grant site plan approval unless it nukes an affirsative demmination that: (a) off-street parking are and loading areas ant their appurtenant drives are located and arranged in a manner that will provide safe and adequate vehicular sanewering and access, (b) an adequate plan for drainage has been dercmatrated which will not cause erosion, sedimentation or uncontrolled runoff onto neighboring properties, including streets; _y (c) the proposed exterior lighting will not create hazards to motorists traveling on adjacent public streets and that such exterior lighting is adequate for the safety of occupants or users of the site and that such exterior lighting will not damage the value or diminish the useability of adjacent properties; (d) the use of the proposed site will net have a sig- nificant detrimental affect on the use and peaceful enjoyment of abutting properties as a result of noise, vibrations, fumes, odor, dust, glare or other causes; (e) adequate screening has been provided to insure that adajcent properties, including streets, will be protected from adverse inpacts emanating from the site, including but net limited to, exterior lighting and traffic movement; (f) landscaping is provided Mich includes, as a minimum, the following: I. such screening and planting specifically required by this ordinance; .. II. the installation of elements to physically separate paved and graveled areas frac open space, yards, and required setback areas along property lines; III. a treatment of open space, drainage ways, slopes, yards and required setback areas along property lines in such a as to reduce dust and erosion and to enhance their visual appearance by such means as seeding or placing sods (such treatments will include drainage ditches in the public right of way where the grading of front yards extends into the right of way); and W. the additional planting of shrubs and trees heyond that specifically required elsewhere n the Ordinance to break up extensive building facades, front, side, or rear yards of more than 50 feet in length; or open space areas net used for active recreation of more than 200 square feet in area; (g) the proposed use will not cause ground or surface water contamination or otherwise have a significant adverse hapact on the scenic, aesthetic, or historical value of the area; and -6- (h) whenever situated, in whole or in part, within 250 feet of any pond, lake, river, stream or tidal waters, that the design or use of the site will not adversely affect quality of such hedy of water or adversely affect the shoreline of such body of water. (7) Minor aevisions. Minor revisions to approved site plans maybe permitted by the Cale Enforcement Officer subject to the following conditions: (a) A revised site Plan showing the revision is submitted (in three copies) to the Coda Enforcement Officer. (b) The Ocde Enforrecant Officer, the City Engineer, the Planning Officer and the Planning maid Chairman, for in his/her absence, the vice Chairman, or in both their atsences, the senior meher of the Board in time of service) shell agree that the proposed] change is a "minor revision" and that the proposed change does not violate the Zoning Ordinance or materially change the site plan and therefore, does not require Planning IoaN approval. W If any of the persons listed in Section (b) Above request it, the proposed site plan revision will be placed on the agenda of the next Planning Ioard for the Eoard's review. (d) The "minor revision" will not materially alter the layout or scale of the development nor its impact on its wrmhmdiegs nor will it specifically: r. Violate any City Cediwnce it. xe-arrange vehicular circulation or access to the site iii. Change the size of the principal use structure iv. felete landscaping or screening However, the "minor revision" by include such items as. V. Minor changes in Engineering details such as grades, elevations or size of utility serviwmains, movement Of drains, manholes or catch basins -7- vi. Re -arrangement of parking which does not affect circulation vii. Elimination of accessory use structures viii. Addition of plantings and landscaping. -8- Prepaed kseMments - CGcncil OCdinance #88-57 (1) THAT Cbapter vin, Article 21, section 10(3)(B), on page 2, Its, amended t0 read as follows: B. sutrnittal procedures shall be commenced as follows:- (1)- Applicant shall subsit one (1) ropy of the site plan to the Code Enforcemnt officer for review in accordance with the provisions set forth i Article 23, Section 3(3) at least fourteen (14) dM. prpo poornsdPlanning Beard review urrently make application for a building permit. After review, the Code Enforcenent Office[ shall advise the applicant and the Planning Officer of any failures W comply with Section 3(3) criteria. (2). THAT Chapter VIII, Article 21, Section10(6) 1 e), on page 6, he amended to read as follows: (e) adequate screening has been provided W insure that adjacent properties, including streets, will be protected f[vn adverse impacts esanating frets the site, including but net limited to, exterior lighting and traffic �amen, and that such screanim otiherwisef to theIremente of A rine 21, Sect'on 11 amgw. Mara — New EOo,d Grob feat RODNEY A. POINT CITY "ALL WAINGIGM. MAINE 04101 AIRY M. LORD M..N1pp0114, 0 h of Paagor, �9Dfahu ••�:o,i:a,o:,.0 DEPAPCWwT�f PLANNING ..dCOMMUNITY DEVELOPMENT HATE: -January 20, 1988 TO: The Honorable City Council FROM: The Planning Board SUBJECT: Amending Zoning Ordinance Chapter VIII, Article 21, Section 10 Site Plan Approval Council Ordinance No. 88-57. Please be advised that the Planning Board at its regularly scheduled meeting on January 19, 1988 held a public hearing o. the above mentioned zoning ordinance amendment After some discussion of the site plan review standards and the need to update the language in this section of the Ordinance the Board voted four in favor and one opposed to recomm�d apnro, to the City Council. Officer