HomeMy WebLinkAbout2018-12-26 19-053 ORDINANCETitle, Ordinance
19-053 12/26/2018
CITY COUNCIL ACTION
Council Meeting Date: December 26, 2018
Item No: 19-053
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 Eliminating the
Setback Requirements from Railroad Property
Summary
This ordinance would eliminate the setback requirements for parcels adjoining railroad parcels.
Last March, the City Council approved an ordinance amendment eliminating setback requirements for parcels
adjoining the railroad parcels in the Waterfront Development District (WDD). Setbacks on adjoining properties
are not necessary for safety and the traditional reasons for having a setback, such as giving neighboring
properties some buffering from neighboring uses. The owner of a house, for example, generally expects their
neighbors' houses to be set back from their shared property line; buildings near railroad tracks, on the other
hand, are often built right up to the property line.
This ordinance would eliminate setback requirements for parcels adjoining railroad parcels in other zones as
well. The same reasoning that applied in the Waterfront Development District applies in other zones. As the
language regarding setbacks from railroad properties would be incorporated into a new section of the Land
Development Code, the requirement for WDD-specific language in Schedule A is eliminated.
Committee Action
Committee: Business and Economic Development
Action:
Staff Comments & Approvals
Meeting Date: January 8, 2019
For:
Against:
As this is an amendment to the Land Development Code, it is also scheduled to go before the Planning Board
on January 3, 2019.
Introduced for: First Reading and Referral
Finance Director
CITY COUNCIL ORDINANCE
Date: December 26, 2018
Assigned to Councilor: Sprague
19-053 12/26/2018
ORDINANCE, Amending Chapter 165, Land Development Code, of the Code of the City of Bangor, By
Eliminating the Setback Requirements from Railroad Property
WHEREAS, railroad parcels differ from typical parcels in that access, open space, and other typical code
requirements are often not necessary;
WHEREAS, there is therefore no additional buffer needed between a railroad parcel and any buildings or
other uses on adjacent parcels;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT
Section 165-70.3 is added to Chapter 165, Land Development, of the Code of the City of Bangor as follows:
§ 165-70.3 Setbacks from railroad parcels.
Notwithstanding the minimum yard depths set forth in Schedules A, B, and C of this Chapter 165, no setback
shall be required on the property of an abutter of property owned by a company which operates a railroad
from the property line between the two properties if:
A. An active track is located on the railroad property; and
B. The track is located within 25 feet of the property line between the two properties.
BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT
Chapter 165, Schedule A, of the Code of the City of Bangor be amended as shown by the accompanying
schedule revision.
Zoning Districts
Urban Residence 1 (URD -1)
Urban Residence 2 (URD -2)
Multifamily and Service (M &
SD)
Neighborhood Service (NSD)
Urban Service (USD)
Downtown Development
(DDD)
Waterfront Development
(WDD), permitted uses
LAND DEVELOPMENT
165 Attachment 2
City of Bangor
Schedule A
Urban Developed Area
Article XIII, §§ 165-88 through 165-97
19-053
DECEMBER 26, 2018
Maximum
Minimum Lot
Minimum
Minimum
Minimum
Minimum Usable
Minimum
Maximum
District Height
Area (square
Maximum
Minimum Lot
Front Yard
Side Yard
Rear Yard
Open Space (square
Water Setback
Floor Area
(feet)
feet)
Lot Coverage
Width (feet)
Depth (feet)
Depth (feet)
Depth (feet)
feet per dwelling unit)
(feet)
Ratio
35
10,000
25%
75
20
5
20; 5 for
accessory
structure
40
1
35%
75
207
5
20; 5 for
600
_ _
--
_accessory
accessory
structure
45
2
40%
60
10
10
10
200 plus 200 square feet
1.0
1.0
per bedroom in excess
of 1
35
10,000
25%
75
20
10
20
200
0.4
0.4
35
10,000
30%
80
40
10
20
200
None
None
None
None
None
None
None
None
4.0
4.0
65; except 35 in the 10,000 70% 100 0 20 20
Shoreland
Zone within 250
feet of mean high-
water mark of the teaek is i__ . a __a the ._ a_ is i__ t a within
Penobscot River .
50 2.0
19-053
DECEMBER 26, 2018
Maximum
Minimum Lot
Minimum
Minimum
Minimum
Minimum Usable
Minimum
Maximum
District Height
Area (square
Maximum
Minimum Lot
Front Yard
Side Yard
Rear Yard
Open Space (square
Water Setback
Floor Area
Zoning Districts
(feet)
feet)
Lot Coverage
Width (feet)
Depth (feet)
Depth (feet)
Depth (feet)
feet per dwelling unit)
(feet)
Ratio
Waterfront Development
35
10,000
70%
100
0
20
20
_ _
0
2.0
District (WDD), conditional
uses: marine -related commercial
uses (within 250 feet of mean
high water)
Waterfront Development
100
40,000
75%
100
0
20
20
_ _
250
2.0
District (WDD); conditional
uses: hotels in excess of 65 feet
in height
Waterfront Development
35
10,000
70%
100
0
25
25
_ _
50
2.0
District (WDD); conditional
uses: commercial establishments
that provide for craftspeople,
artisans and others to craft,
prepare, package and sell their
products
Waterfront Development
35
20,000
70%
100
0
20
20
_ _
50
2.0
District (WDD); conditional
uses: accessory drive-in service
Bass Park
100
10,000
45%
100
0
0
0
Airport Development (ADD)
Subject to land
development
permit review by Planning Board and federal aviation regulations
Cellular telecommunication
195 a
20,000
35%
100
100% of
100% of
100% of
N/A
N/A
0.6
towers .
structure height
structure height
structure height
Urban Industry (UID)
None
None
40%
50
30
_,_ :_ ,__ . a
10
__a .4 ._ _,_ :_
20
,__ . a 111:49:_
_ _
1.0
1.0
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.
19-053
Radio and television broadcast
400 4
20,000
40%
50%
50% of tower
50% of tower
50% of tower
N/A
N/A D ECE M B9 R 26, 2018
towers
height
height
height
Maximum
Minimum Lot
Minimum
Minimum
Minimum
Minimum Usable
Minimum
Maximum
District Height
Area (square
Maximum
Minimum Lot
Front Yard
Side Yard
Rear Yard
Open Space (square
Water Setback
Floor Area
Zoning Districts
(feet)
feet)
Lot Coverage
Width (feet)
Depth (feet)
Depth (feet)
Depth (feet)
feet per dwelling unit)
(feet)
Ratio
Government and Institutional
80
None
30%
None
30
20
30
_ _
2.0
2.0
Service (G & ISD)
195 4
20,000
30%
N/A
100% of tower
100% of tower
100% of tower
N/A
N/A
2.0
height
height
height
Radio and television broadcast
towers when accessory to a
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.
Memo
To:
The Honorable City Council
From:
David G. Gould, Planning Officer
Date:January 8, 2019
Re:Amending Land Development Code by Eliminating Setback Requirements from
Railroad Properties C.O. #19-053
Please be advised that the Planning Board at its meeting on January 3, 2019held a
Public Hearing on the above zone change request.
Chairman Charles Boothbyasked the applicant or their representative to make a brief
presentation of the request.
Planning Officer David Gould presented the proposed amendment, explaining that it is
similar to the recent amendment that was adopted in the Waterfront DevelopmentDistrict at the
request of Waterfront Concerts.Recently,another interested partyhas approached the City for
a similar amendment, but in a different zoning district. This proposal is to apply the setback
change in all zones in the city, which will allow abutters of active railroad tracks to get as close
to right of way as they desire.
Member Durgin asked about the distinction regarding “active railroad property.” Mr.
Gould advised that this is to distinguish railroad tracks, which usually have sufficient space for
operation, from non-rail properties owned by the railroad, which may contain buildings. The City
would like to retain setbacks in locations which now have or may have buildings in the future.
Member Durgin asked if there were any concerns from the railroad. Mr. Gould stated
that there were none that he has been made aware of.
ChairBoothby asked for proponents and opponents to the application, there were none.
Member Kuhn moved to recommend amending Chapter 165 –Land Development Code,
by eliminating setback requirements from railroad property. Member Guerette seconded the
motion. The Board voted unanimously to recommend the City Council adopt the amendment
C.O. #19-053.
IN CITY COUNCIL
DECEMBER 26, 2018
COr 19-053
FIRST READING AND REFERRAL TO PLANNING BOARD MEETING ON
JANUARY 3, 2019 AND BUSINESS AND ECONOMIC DEVELOPMENT
COMMITTEE MEETING ON JANUARY 8, 2019
IT-CLE
IN CITY COUNCIL
JANUARY 14, 2019
COQ x:19-053
MOTION MADE AND SECONDED FOR PASSAGE
VOTE: 9-0
COUNCILORS VOTING YES: DAVITT, GRAHAM, NEALLEY, SCHAEFER,
SPRAGUE, SUPICA, TREMBLE, WESTON, NICHOLS
COUNCILORS VOTING NO: NONE
PASSED
5/9 '
46, 01/4) ,I Et -c:.,�-�
CITY CLERK a