HomeMy WebLinkAbout2018-09-10 18-355 ORDINANCETitle, Ordinance
18-355 09/10/2018
CITY COUNCIL ACTION
Council Meeting Date: September 10, 2018
Item No: 18-355
Responsible Dept: Legal
Action Requested: Ordinance Map/Lot: N/A
Amending Chapter 165, Land Development Code, by Changing the Residential Setbacks for Retail Marijuana
Businesses
Summary
At present, the Land Development Code requires marijuana businesses to be set back 1000 feet from schools
and certain other uses, and 300 feet from still other uses, including residential properties. All of these
setbacks are measured from building to building, except for residential properties, which are measured from
the building of the marijuana business to the residential property line.
This ordinance amendment would bring the residential property setback into line with the other setbacks,
measuring it from building to building.
Committee Action
Committee: Planning Board
Action:
Staff Comments & Approvals
Meeting Date: September 18, 2018
For:
Against:
This change was recommended at the Business and Economic Development Committee meeting on August 20,
2018
City Manager City Solicitor
Introduced for: First Reading and Referral
Finance Director
CITY COUNCIL ORDINANCE
Date: September 10, 2018
Assigned to Councilor: Perry
18-355 09/10/2018
ORDINANCE, Amending Chapter 165, Land Development Code, by Changing the Setbacks for Retail
Marijuana Businesses to be from Building to Building for Residential Properties
WHEREAS, at present, the Land Development Code requires marijuana businesses to be set back 1000 feet
from schools and certain other uses, and 300 feet from still other uses, including residential properties;
WHEREAS, all of these setbacks are measured from building to building, except for residential properties,
which are measured from the building of the marijuana business to the residential property line;
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 is amended as follows:
§ 165-92 Urban Service District.
C. Permitted uses. The following uses are permitted in this district:
(15) Marijuana store, provided that:
(b) The building in which the facility is located must be at least 300 feet from any church, chapel,
parish house, other place of worship, day care, or residential zening distriet beundary dwelling
on a residential parcel, measured by straight line from building to building
boundar .
§ 165-96 Urban Industry District (UID).
C. Permitted uses. The following uses are permitted in this district:
18-355 09/10/2018
(9) Marijuana cultivation facility, marijuana manufacturing facility, or marijuana testing facility, provided
that:
(b) The building in which the facility is located must be at least 300 feet from any church, chapel,
parish house, other place of worship, day care, or Fesidential zening distriet beul9daFy dwelling
on a residential parcel, measured by straight line from building to building
gyp.
§ 165-101 Shopping and Personal Service District (S & PS).
C. Permitted uses. The following uses are permitted in this district:
(15) Marijuana store, provided that:
(b) The building in which the facility is located must be at least 300 feet from any church, chapel,
parish house, other place of worship, day care, or Fesidential zening distriEt beundaFy dwelling on
a residential parcel, measured by straight line from building to building
gyp.
§ 165-103 Industry and Service District (I & S).
C. Permitted uses. The following uses are permitted in this district:
(17) Marijuana cultivation facility, marijuana manufacturing facility, or marijuana testing facility, provided
that:
18-355 09/10/2018
(b) The building in which the facility is located must be at least 300 feet from any church, chapel,
parish house, other place of worship, day care, or Fesidential zening distriet beHi9dary dwelling on
a residential parcel, measured by straight line from building to building er residential Zoning
may.
§ 165-103.1 Technology and Service District (T & S).
C. Permitted uses. The following uses are permitted in this district:
(6) Marijuana testing facility, provided that:
(b) The building in which the facility is located must be at least 300 feet from any church, chapel,
parish house, other place of worship, day care, or Fesidential zening distriet bebindary dwelling on
a residential parcel, measured by straight line from building to building
beHRdaF •
Additions are underlined, deletions strue� h.
MEMORANDUM
DATE: September 19, 2018
TO: The Honorable City Council
FROM: David G. Gould, Planning Officer
SUBJECT: Ordinance Change - Amending Chapter 165, Marijuana
Business Setbacks. Council Order 18-355
Please be advised that the Planning Board at its meeting on September 18, 2018,
held a Public Hearing on the above land use ordinance amendment to modify the
setbacks associated with Marijuana stores and neighboring uses.
Chair Boothby opened the Public Hearing and Mr. Tyler Collins of the Economic
Development Office provided the Board with an overview of the proposed amendment,
noting that the proposed change will align the setbacks for dwellings consistent with
that of churches, daycare and others. The existing language measures the setback for
a marijuana retailer at 300 feet from a residential zoning district. The change would
measure it from the actual dwelling.
Member Brush asked if the change would impact the construction of a house on
the property if a retailer was located within 300 feet.
Planning Officer Gould noted it would not, the setback only applies to the
location of a retail marijuana store.
There were no proponents or opponents to the proposed ordinance changes.
Planning Officer Gould provided an overview on the history of marijuana
regulations in the City and described the intent was to align medical marijuana with
retail marijuana regulations. The change would provide less protection for undeveloped
lots, like in a subdivision.
Member Huhn made a motion to recommend that C.O. #18-355 be adopted by
the City Council. Member Durgin seconded the motion and the Board voted
unanimously to send a positive recommendation to the City Council.
IN CITY COUNCIL
SEPTEMBER 10, 2018
CO 18-355
FIRST READING AND REFERRAL TO PLANNING BOARD MEETING OF
SEPTEMBER 18, 2018
C TY' CLERK
IN CITY COUNCIL
SEPTEMBER 24, 2018
COr 18-355
MOTION MADE AND SECONDED FOR PASSAGE
VOTE: 8-0
COUNCILORS VOTING YES: DAVITT, NEALLEY, NICHOLS, PERRY, SUPICA,
TREMBLE, WESTON, SPRAGUE
COUNCILORS VOTING NO: NONE
PASSED
A 1-J0-7/„..s.„)
CITY CLERK