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
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(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.
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(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
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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
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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
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(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
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vi. Re -arrangement of parking which does not
affect circulation
vii. Elimination of accessory use structures
viii. Addition of plantings and landscaping.
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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