HomeMy WebLinkAbout2019-01-14 19-074 ORDINANCETitle, Ordinance
19-074 01/14/2019
CITY COUNCIL ACTION
Council Meeting Date: January 14, 2019
Item No: 19-074
Responsible Dept: Legal
Action Requested: Ordinance Map/Lot: N/A
Amending Chapter 165, Land Development Code, by Allowing Interstate Highways to Serve as a Buffer for
Marijuana Uses
Summary
This ordinance amendment would allow an interstate highway to serve as the required buffer between
marijuana uses and other uses, such as schools, public parks, and residences.
At present, the City's Land Development Code requires buffer areas of 1000 feet between marijuana uses and
certain uses, such as schools and public parks, and 300 feet between marijuana uses and certain other uses,
such as churches and residences.
In places where I-95 or I-395 already serves as a buffer between a marijuana use and one of those listed
uses, this ordinance amendment would allow the highway to serve as an alternative to the requirement of the
1000 and 300 foot buffers.
The ordinance amendment would also make a few other minor changes to bring district provisions into
conformity with each other.
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 15, 2019.
I Y 1
City Manager City Solicitor Finance Director
Introduced for: First Reading
CITY COUNCIL ORDINANCE
Date: January 14, 2019
Assigned to Councilor: Davitt
19-074 01/14/2019
ORDINANCE, Amending Chapter 165, Land Development Code, by Allowing Interstate Highways to Serve as
a Buffer for Marijuana Uses
WHEREAS, at present, marijuana uses are not allowed within 1000 feet of certain uses, such as schools and
public parks, and 300 feet of other uses, such as churches and residences;
WHEREAS, a controlled access highway provides an appropriate alternative buffer to the 1000 and 300 foot
buffers otherwise applicable;
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 (USD).
C. Permitted uses. The following uses are permitted in this district:
(15) Marijuana store, provided that:
(a) The building in which the facility is located must be at least 1,000 feet from, or on the other side
of a controlled access highway from, the real property comprising any public or private
elementary or secondary school or school dormitory, juvenile shelter, orphanage, public
playground, or public park as defined in § 231-2 of this Code.
(b) The building in which the facility is located must be at least 300 feet from, or on the other side
of a controlled access highway from, any church, chapel, parish house, other place of worship,
day care, or dwelling on a residential parcel, measured by a straight line from building to
building.
§ 165-96 Urban Industry District (UID).
C. Permitted uses. The following uses are permitted in this district:
19-074 01/14/2019
(9) Marijuana cultivation facility, marijuana manufacturing facility, or marijuana testing facility, provided
that:
(a) The building in which the facility is located must be at least 1,000 feet from, or on the other side
of a controlled access highway from, the real property comprising any public or private
elementary or secondary school or school dormitory, pHblie libraFt,- juvenile shelter, orphanage,
public playground, or public park as defined in § 231-2 of this Code.
(b) The building in which the facility is located must be at least 300 feet from, or on the other side
of a controlled access highway from, any church, chapel, parish house, other place of worship,
day care, or dwelling on a residential parcel, measured by a straight line from building to
building.
§ 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:
(a) The building in which the facility is located must be at least 1,000 feet from, or on the other side
of a controlled access highway from, the real property comprising any public or private
elementary or secondary school or school dormitory, juvenile shelter, orphanage, public
playground, or public park as defined in § 231-2 of this Code.
(b) The building in which the facility is located must be at least 300 feet from, or on the other side
of a controlled access highway from, any church, chapel, parish house, other place of worship,
day care, or dwelling on a residential parcel, measured by a straight line from building to
building.
§ 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:
(a) The building in which the facility is located must be at least 1,000 feet from, or on the other side
19-074 01/14/2019
of a controlled access highway from, the real property comprising any public or private
elementary or secondary school or school dormitory, pHblie libraFy,- juvenile shelter, orphanage,
public playground, or public park as defined in § 231-2 of this Code.
(b) The building in which the facility is located must be at least 300 feet from, or on the other side
of a controlled access highway from, any church, chapel, parish house, other place of worship,
day care, or dwelling on a residential parcel, measured by a straight line from building to
building.
§ 165-103.1 Technology and Service District (T&S).
C. Permitted uses. The following uses are permitted in this district:
(17) Marijuana testing facility, provided that:
(a) The building in which the facility is located must be at least 1,000 feet from, or on the other side
of a controlled access highway from, the real property comprising any public or private
elementary or secondary school or school dormitory, pHblie librart,- juvenile shelter, orphanage,
public playground, or public park as defined in § 231-2 of this Code.
(b) The building in which the facility is located must be at least 300 feet from, or on the other side
of a controlled access highway from, any church, chapel, parish house, other place of worship,
day care, or dwelling on a residential parcel, measured by a straight line from building to
building.
Additions are underlined, deletions struea( threug#.
MEMORANDUM
DATE: January 16, 2019
TO: The Honorable City Council
FROM: David G. Gould, Planning Officer
SUBJECT: Amending Zoning Ordinance
To provide for Limited Access Highways to provide a buffer
separation from certain Marijuana Uses. C. O. #19-074
Please be advised that the Planning Board at its meeting on January 15, 2019
held a Public Hearing on the above text amendment.
Chairman Ken Huhn opened the public hearing and asked the City representative
to make a brief presentation of the change.
Planning Officer David Gould provided background on the proposed ordinance
change. Mr. Gould reminded Board of buffers for marijuana uses from things like
schools, churches, etc. This ordinance change would limit buffers to the edge of a
limited access highway, since they act as a major barrier to movement.
Vice Chair Durgin inquired about the case where a marijuana use is located at or
near an interchange — even with the freeway in between, the uses could still be close to
each other. Mr. Nicklas responded that there is a particular scenario where someone
wanted to locate a marijuana use in the industrial area south of 1-395, however, the
buffer from the golf course prohibits much of this area from being used, even though
both sides are very separated from one another. He noted that there are few areas of
the city where this would have an impact.
There were no proponents or opponents to the proposed text amendment.
Chairman Huhn closed the public hearing and the Board voted to unanimously
recommend the proposed amendment to the City Council as contained in C.O. #19-074.
IN CITY COUNCIL
JANUARY 14, 2019
COr 19-074
FIRST READING AND REFERRAL TO BUSINESS AND ECONOMIC
DEVELOPMENT COMMITTEE MEETING OF JANUARY 8, 2019
AND PLANNING BOARD MEETING OF JANUARY 15, 2019
.;1449 -
CITY
CITY CLERK
IN CITY COUNCIL
JANUARY 28, 2019
COr 19-074
MOTION MADE AND SECONDED FOR PASSAGE
VOTE: 7-2
COUNCILORS VOTING YES: DAVITT, NEALLEY, SCHAEFER, SPRAGUE,
SUPICA, WESTON, NICHOLS
COUNCILORS VOTING NO: GRAHAM, TREMBLE
PASSED
147W7.0%) B.7-24-.)
CITY CLERK '7'
