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Home My WebLink About2018-08-13 18-315 ORDINANCETitle, Ordinance 18-315 08/13/2018 CITY COUNCIL ACTION Council Meeting Date: August 13, 2018 Item No: 18-315 Responsible Dept: Legal Action Requested: Ordinance Map/Lot: N/A Amending Chapter 165, Land Development Code, of the Code of the City of Bangor, By Amending Open Space and Buffer Requirements Summary This amendment would make two changes to the Land Development Code. First, it would change the way the Land Development Code handles open space requirements, updating and simplifying these requirements. In particular, the amendments would remove a complex system for determining the "minimum usable open space" in URD -2 and other zoning districts in the urban core, standardize the use of impervious surface ratio (ISR) requirements throughout the City, and clarify several definitions. The new ISR standards are based primarily on a survey of how much impervious surface exists on lots in different zones in the City, and are reflected in the amended schedule. The amendment would also reduce the size of the buffer yard required for parking areas in the urban core. Committee Action Committee: Action: Staff Comments & Approvals Meeting Date: For: Against: City Manager YCity Solicitor Introduced for: First Reading and Referral Finance Director CITY COUNCIL ORDINANCE Date: August 13, 2018 Assigned to Councilor: TREMBLE 18-315 08/13/2018 ORDINANCE, Amending Chapter 165, Land Development Code, of the Code of the City of Bangor, By Amending Open Space and Buffer Requirements WHEREAS, the Land Development Code presently requires a minimum amount of usable open space in several zoning districts in the urban core; WHEREAS, an impervious surface ratio calculation is used in the rest of the City, and is significantly easier to understand and administer; and WHEREAS, buffer yards for parking in the urban core need not be as extensive as such buffers in the developing areas of the City; 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: § 165-13. Definitions. DWELLING, DETACHED One which is entirely surrounded by epert space unoccupied above ground level. GROUND FLOOR AREA The square foot area of a building within its largest outside dimensions, exclusive of open porches,ap tios. breezeway= terraces, garages, and exterior stairways and seeendary staiFways. IMPERVIOUS SURFACE As defined by Chapter 268, § 268-14 of this Code. 18-315 08/13/2018 LOT COVERAGE The maximum combined ground floor area of all principal and accessory buildings on a lot divided by the area of such lot, the result expressed as a percentile. OPEN SPACE An unoccupied space open to the sky, exclusive of parking areas, driveways, patios, and walks. § 165-73. Parking area location and screening. The location of off-street parking shall comply with the following requirements: D. Screening of parking. All parking lots containing five or more parking spaces, outdoor display areas, outdoor storage areas and all outdoor off-street loading areas shall be screened in accordance with the following requirements: (1) All parking lots and off-street loading areas shall have a C Buffer Yard as provided in Article XIX along any property line abutting any residential district, any Multifamily and Service District, any Government and Institutional Service District, any Rural Residence and Agricultural District, any Park and Open Space District, any Resource Protection District and any Stream Protection District--- excepting istrictexcepting that parking lots and off-street loading areas in URD -2, M&SD, and NSD containing no more than ten parking spaces shall instead have an A Buffer Yard along such property lines. § 165-92. Urban Service District (USD). D. Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district: 18-315 08/13/2018 (5) A mixed residential and commercial use, provided that: (d) The epen spaEe requirements impervious surface limit for residential uses in the URD -2 District will be met. § 165-101. Shopping and Personal Service District (S & PS). D. Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district: (9) A mixed residential and commercial use, provided that: (d) The epen spaEe reqHirements impervious surface limit requirements for residential uses in the URD -2 District will be met. BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT Chapter 165, Schedule A, Urban Developed Area, of the Code of the City of Bangor be amended as shown by the accompanying schedule revision. Additions are underlined, deletions strueathrough. 18-315 08/13/2018 LAND DEVELOPMENT 165 Attachment 2 City of Bangor Schedule A Urban Developed Area Article XIII, §§ 165-88 through 165-97 Minimum Usable Open Space (square feet per dwelling unit) Maximum Minimum Lot Minimum Minimum Minimum Maximum Minimum Maximum District Height Area (square Maximum Minimum Lot Front Yard Side Yard Rear Yard Impervious Surface Water Setback Floor Area (feet)feet)Lot CoverageWidth (feet)Depth (feet)Depth (feet)Depth (feet)Ratio(feet)Ratio Zoning Districts 7 Urban Residence 1 (URD-1)3510,00025%755_ _ 0.7_ __ _ 20; 5 for 20 accessory structure 17 Urban Residence 2 (URD-2)4035%755600 0.75_ __ _ 20; 5 for 20 accessory structure 2 Multifamily and Service (M & 4540%60101010200 plus 200 square feet 1.01.0 SD)per bedroom in excess of 1 0.85 Neighborhood Service (NSD)3510,00025%75201020200 None0.40.4 Urban Service (USD)3510,00030%80401020200 None_ __ _ Downtown Development NoneNoneNoneNoneNoneNoneNoneNone4.04.0 (DDD) Waterfront Development 65; except 35 in the 10,00070%10002020_ _ None502.0 (WDD), permitted usesShoreland 18-315 08/13/2018 Zone within 250 (excepting property owned by a company which feet of mean high-operates a railroad and upon which an active water mark of the track is located and the track is located within Penobscot Rivertwenty-five (25) feet or less of the property line: setback - none) Minimum Usable Open Space (square feet per dwelling unit) Maximum Minimum Lot Minimum Minimum Minimum Maximum Minimum Maximum District Height Area (square Maximum Minimum Lot Front Yard Side Yard Rear Yard Impervious Surface Water Setback Floor Area (feet)feet)Lot CoverageWidth (feet)Depth (feet)Depth (feet)Depth (feet)Ratio(feet)Ratio Zoning Districts Waterfront Development 3510,00070%10002020_ _ None02.0 District (WDD), conditional uses: marine-related commercial uses (within 250 feet of mean high water) Waterfront Development 10040,00075%10002020_ _ None2502.0 District (WDD); conditional uses: hotels in excess of 65 feet in height Waterfront Development 3510,00070%10002525_ _ None502.0 District (WDD); conditional uses: commercial establishments that provide for craftspeople, artisans and others to craft, prepare, package and sell their products Waterfront Development 3520,00070%10002020_ _ None502.0 District (WDD); conditional uses: accessory drive-in service Bass Park10010,00045%100000_ _ None_ __ _ Airport Development (ADD)Subject to land development permit review by Planning Board and federal aviation regulations 4 Cellular telecommunication 20,00035%100100% of 100% of 100% of N/A NoneN/A0.6 195 5 structure heightstructure heightstructure height towers 18-315 08/13/2018 Urban Industry (UID)NoneNone40%50301020_ _ None1.01.0 (excepting property owned by a company which operates a railroad and upon which an active track is located and the track is located within twenty-five (25) feet or less of the property line: setback - none) 4 Radio and television broadcast 20,00040%50%50% of tower 50% of tower 50% of tower N/A NoneN/A1.0 400 6 heightheightheight towers Minimum Usable Open Space (square feet per dwelling unit) Maximum Minimum Lot Minimum Minimum Minimum Maximum Minimum Maximum District Height Area (square Maximum Minimum Lot Front Yard Side Yard Rear Yard Impervious Surface Water Setback Floor Area (feet)feet)Lot CoverageWidth (feet)Depth (feet)Depth (feet)Depth (feet)Ratio(feet)Ratio Zoning Districts Government and Institutional 80None30%None302030_ _ None2.02.0 Service (G & ISD) 4 20,00030%N/A100% of tower 100% of tower 100% of tower N/A NoneN/A2.0 195 heightheightheight Radio and television broadcast towers when accessory to a 5 public nonprofit agency NOTES: 1 For one and two dwelling units, 9,000 square feet; for three dwelling units, 10,500 square feet; and for four dwelling units, 12,000 square feet. 2 For the first two dwelling units, 6,500 square feet, plus 1000 square feet for each additional dwelling unit. 3 (Reserved) 4 Or the minimum height height allowed under federal law, whichever is greater. 5 Minimum buffer yard: Type B, C next to a residential district. 6 Minimum buffer yard: Type B next to a residential district. 7 Minimum setback for open porches from the front property line is 10 feet. MEMORANDUM DATE: September 5, 2018 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Zoning Ordinance Chapter 165-13 Definitions, 165- 73 Parking, 165- 92 USD, 165-101 S&PS - Council Ordinance #018-315 Please be advised that the Planning Board at its meeting on September 4, 2018, held a Public Hearing on the above Zoning Amendment to revise the Land Development Code relative to replacing Usable Open Space with Impervious Surface Ratios (ISR) in the existing developed core of the City. Chair Boothby opened the Public Hearing and City Planner David Gould provided the Board with an overview of the proposed amendments. The amendment will change how open space is measured on a lot by lot basis, changing the requirement of open space per dwelling unit to a fixed open space ratio in proportion to lot size. Presently, the Land Development Code uses an ISR standard in the developing areas of the City where the lots tend to be larger, but not in the developed urban core. In the developing areas, ""Useable Open Space" is measured instead — however this standard does not include required setbacks, so many feel that it excludes open space which should be counted. The ISR standard, on the other hand, does not exclude setbacks from the calculation. Two commercial districts which allow mixed uses will alter the open space requirements to change to the ISR standard. The other change is a reduction in the buffer yard required from an adjacent property for parking, which would be reduced by half. Lastly, there are a few updates to definitions, but they are largely housekeeping. The Board discussed the proposed changes and potential benefit to development on smaller urban lots. Member Huhn made a motion that the Council adopt CO. 18 -315. Member Durgin seconded the motion and the Board voted unanimously to recommend C.O. 18- 315. IN CITY COUNCIL AUGUST 13, 2018 COr 18-315 FIRST READING AND REFERRAL TO PLANNING BOARD MEETING OF AUGUST 21, 2018 4-04.) () Iera,e).(2,-e-,A) CITY CLERK IN CITY COUNCIL SEPTEMBER 10, 2018 COr 18-315 MOTION MADE AND SECONDED TO AMEND BY REMOVAL OF EXHIBIT A AMENDMENT PASSED MOTION MADE AND SECONDED FOR PASSAGE AS AMENDED VOTE: 7-0 COUNCILORS VOTING YES: DAVITT, GRAHAM, NEALLEY, NICHOLS, PERRY, TREMBLE, SPRAGUE COUNCILORS VOTING NO: NONE PASSED AS AMENDED • '47,0 4/or,IA&-t4A-2 CITY CLERK