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HomeMy WebLinkAbout2019-02-25 19-105 ORDINANCETitle, Ordinance 19-105 02/25/2019 CITY COUNCIL ACTION Council Meeting Date: February 25, 2019 Item No: 19-105 Responsible Dept: Planning Action Requested: Ordinance Map/Lot: N/A Amending Chapter 165, Land Development Code, to Define Self -Storage Facility and to Clarify the Restrictions of Retail Sales at Such Facilities. Summary This amendment to the Land Development Code would define "self -storage facility" and allow retail sales of packing and storage supplies on the grounds of such facilities. Recently, staff received an inquiry about developing a self -storage and moving truck rental business on a property in the City. The Land Development Code currently does not list self -storage facilities as a use, and the closest listed use, "mini - warehouse", was not defined in the Code. This amendment would replace that term with the more commonly accepted "self -storage facility" and provide a definition for that term. Additionally, the Code includes a provision that no retail sales take place on the premises of a mini -warehouse. This may have been included to prohibit retail sales from individual storage units. It also, however, forbids the site owner from operating an accessory retail space anywhere on the site. It is common to find a small retail space selling limited associated supplies, such as boxes, padding, and locks, at such facilities. At least two other businesses currently operate in Bangor which include such retail sales in combination with truck rental and self -storage. The proposed ordinance change would define "self -storage facility" and allow an accessory retail use on the site, provided it is limited to selling supplies directly related to moving and storage, is not located in an individual storage unit, and is operated by the owner of the facility. Committee Action Committee: Business & Economic Development Action: Staff Comments & Approvals Meeting Date: February 19, 2019 For: Against: As this is an amendment to the City's Land Development Code, it should be referred to the Planning Board meeting of March 5, 2019. Introduced for: First Reading and Referral Finance Director CITY COUNCIL ORDINANCE Date: February 25, 2019 Assigned to Councilor: Schaefer 19-105 02/25/2019 ORDINANCE, Amending Chapter 165, Land Development Code, to Define Self -Storage Facility and to Clarify the Restrictions of Retail Sales at Such Facilities. WHEREAS, "mini -warehouse" is a listed use in several places in the Land Development Code, but is not defined anywhere in the Code; and WHEREAS, "mini -warehouse" appears to refer to what is commonly known as a self -storage facility; and WHEREAS, other communities define and list self -storage facility as a use in their ordinances; and WHEREAS, the Code currently prohibits all retail sales on the site of a mini -warehouse; and WHEREAS, this prohibition appears to have been intended to limit businesses from operating from the individual storage units, but is worded such that it prohibits accessory retail sales by the facility owner; and WHEREAS, accessory retail sales are appropriate on the site of a self -storage facility, provided the retail use is not located in an individual storage unit and is operated by the owner of the facility. 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: § 165-13 Definitions. SELF -STORAGE FACILITY Fully enclosed buildings with individually secured units, accessed with or without supervision, used for the exclusive purpose of storaae of non -hazardous business and personal materials. Individual units in a self-storaae facility may be housed inside a climate -controlled building or in an unheated structure accessed directly from the outdoors, or both. § 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: (2) Mono waFehe Self -storage facility, provided that: (a) No more than 1,000 square feet of floor area are provided to any one customer. 19-105 02/25/2019 (b) No hazardous or highly flammable substances are stored. (c) Retail sale of goods accessory to the storage use, such as sales of packing materials, storaae supplies, and other such related goods, is allowed on site by the owner of the facility. No sales activity of goods or materials of any sort shall be conducted from sueh site individual storage units or by storage unit customers. (d) The requirements of Article XIX are met. § 165-102 General Commercial & Service District (GC&S) C. Permitted uses. The following uses are permitted in this district: (7) Mono waFehe Self -storage facility subject to the requirements of §165-101D(2) of this article. BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT Chapter 165, Schedule B, of the Code of the City of Bangor be amended as shown by the accompanying schedule revision. Additions are underlined, deletions h_,, eugh. Exhibit A 19-105 FEBRUARY 25, 2019 Lily Or tsangor Schedule B Developing Area Article XIV, §§ 165-99 through 165-103.1 Minimum Maximum Maximum Lot Area Minimum Minimum Minimum Dwelling Dwelling Maximum Maximum Maximum Impervious Minimum (square Front Yard Side Yard Rear Yard Units per Units per Height Lot Floor Area Surface Minimum Lot Width Minimum District/Use feet) (feet) (feet) (feet) Acre building (feet) Coverage Ratio Ratio Open Space (feet) Buffer Type LOW DENSITY RESIDENTIAL (LDR) Permitted uses Buildings containing one 12,000 20 101 201 31/2 1 35 20% NA 0.3 NA 100 NA unit dwelling Home occupation Community living arrangement Cluster Subdivision for 8,000 20 101 20 1 3 1 35 20% NA 0.3 35% of gross 75 NA buildings containing one acreage dwelling unit (minimum 3 - acre site)_[Article XIV, 165- 99C(4)] Conditional uses attached residential 30 20 25 5 6 35 25% NA 0.4 35% of Gross 100 A dwellings (minimum 3 Acreage acre site)[Article XIV, 165- 99D(1)1 Manufactured Housing 6,171 25 101 201 31/2 1 35 20% NA 0.3 10% of Gross 60 A (buildings containing one acreage dwelling unit) on a minimum of 5 acres [Article XIV, 165-99D(3)] Places of worship & 20,000 40 25 30 NA NA 35 20% 0.25 0.3 NA 150 B nursing homes (Article XIV, 165-D96)] HIGH-DENSITY RESIDENTIAL (HDR) Permitted uses One unit dwelling 9,000 SF 20' 10 7 207 NA 1 35 30% 0.5 0.6 NA 75 NA 19-105 City of Bangor FEBRUARY 25, 2019 Schedule B Developing Area Article XIV, §§ 165-99 through 165-103.1 Minimum Maximum Maximum Lot Area Minimum Minimum Minimum Dwelling Dwelling Maximum Maximum Maximum Impervious Minimum (square Front Yard Side Yard Rear Yard Units per Units per Height Lot Floor Area Surface Minimum Lot Width Minimum District/Use feet) (feet) (feet) (feet) Acre building (feet) Coverage Ratio Ratio Open Space (feet) Buffer Type Community living 40' 30% 0.5 NA 40' 30% 0.5 arrangement internal area lot, 100 for Home occupation ent site 0.6 NA 125 Two to six unit dwellings 12,000 SF 25 10 7 25 7 NA 6 35 30% 0.5 Group day care area 0.5 NA 100 B 0.5 Nursery school 100 AS Seven to twelve unit 2 acresz 25 15 25 NA 12 40 30% 0.5 dwellings Conditional uses 13 to 30 unit dwellings 3 acres3 30 20 30 NA 30 45 30% 0.65 Mobile Home Parks 5 acres 30 (20 for 5 (20 20 (10 for 1 35 30% 0.5 (minimum of 25 mobile accessory between accessory home spaces) structures) adjacent structures) mobile homes) Congregate Housing 2acres 30 20 25 100 45 30% 1 Cluster Subdivision (One 6,171 20 10 7 207 1 35 50% 0.5 unit dwellings) on a minimum of 5 acres Places of worship & 20,000 25 25 25 nursing homes Public Service and Utility 14,000 20 4 20 4 20 4 uses NA 40' 30% 0.5 NA 40' 30% 0.5 0.6 NA 85 A 0.6 NA 100 A 0.6 NA 100 B 0.25 10 percent 50 per B oflotted internal area lot, 100 for developm ent site 0.6 NA 125 B 0.35 15% lotted 60 NA subdivision area 0.5 NA 100 B 0.5 NA 100 AS gasoline service station (Article XIV, 165-101D(3) and(5)1 Drive-in business (Article 20,000 40 XIV, 165-101D(4)] �e Self- 20,000 50 storage facility and warehousing or wholesaling (Article XIV, 1r,5n1v) and IF,11 Building supply or other 40,000 50 outdoor display in excess of 1% floor area (Article XIV, 165-101D(7)] 20 25 N/A N/A 40 25% 0.4 10 25 N/A N/A 19-105 25% 0.4 City of Bangor FEBRUARY 25, 2019 Schedule B Developing Area Article XIV, §§ 165-99 through 165-103.1 Minimum Maximum Maximum Lot Area Minimum Minimum Minimum Dwelling Dwelling Maximum Maximum Maximum Impervious Minimum (square Front Yard Side Yard Rear Yard Units per Units per Height Lot Floor Area Surface Minimum Lot Width Minimum District/Use feet) (feet) (feet) (feet) Acre building (feet) Coverage Ratio Ratio Open Space (feet) Buffer Type Day Care Center 14,000 20 20 20 NA 35 30% 0.5 0.5 1,000 85 See 165-100 square feet D(7) SHOPPING & PERSONAL SERVICE (S&PS) Permitted uses 10,000 40 10 25 N/A N/A 40 30% 0.6 0.7 N/A 100 N/A Conditional uses High Rise hotel (Article 30,000 50 20 25 N/A N/A 60 25% 0.7 0.7 N/A 150 B XIV,165-101D(1)] Retail auto service or 20,000 50 20 25 N/A N/A 40 25% 0.4 0.7 N/A 100 C gasoline service station (Article XIV, 165-101D(3) and(5)1 Drive-in business (Article 20,000 40 XIV, 165-101D(4)] �e Self- 20,000 50 storage facility and warehousing or wholesaling (Article XIV, 1r,5n1v) and IF,11 Building supply or other 40,000 50 outdoor display in excess of 1% floor area (Article XIV, 165-101D(7)] 20 25 N/A N/A 40 25% 0.4 10 25 N/A N/A 40 25% 0.4 20 25 N/A N/A 40 25% 0.4 0.7 N/A 100 A 0.7 N/A 100 C 0.7 N/A 150 C, surrounding outdoor storage area and adjacent 19-105 City of Bangor FEBRUARY 25, 2019 Schedule B Developing Area Article XIV, §§ 165-99 through 165-103.1 Minimum Maximum Maximum Lot Area Minimum Minimum Minimum Dwelling Dwelling Maximum Maximum Maximum Impervious Minimum (square Front Yard Side Yard Rear Yard Units per Units per Height Lot Floor Area Surface Minimum Lot Width Minimum District/Use feet) (feet) (feet) (feet) Acre building (feet) Coverage Ratio Ratio Open Space (feet) Buffer Type Auto, truck, boat, 20,000 50 20 25 N/A N/A 40 25% 0.4 0.7 N/A 150 C manufactured or modular homes, agricultural and construction machinery sales (Article XIV, 165- 101D(8)] Mixed residential and 10,000 40 10 25 N/A N/A 40 30% 0.6 0.7 600 square 100 B commercial use (Article plus feet per XIV, 165-101D(9)] minimum dwelling unit lot area for dwelling units per URD -2 Public Utilities (Article XIV, 5,000 30 20 20 N/A N/A 40 25% 0.4 0.7 N/A 60 C 165-101D(10) Entertainment or 10,000 40 10 25 N/A N/A 40 30% 0.6 0.7 N/A 100 B recreation (Article XIV 165- 101D(11) GENERAL & COMMERCIAL SERVICE (GC&S) Any Permitted Use in S&PS 10,000 40 10 25 N/A N/A 40 35% 0.6 0.75 N/A 100 N/A (165-101C) Other Permitted Uses 10,000 40 10 25 N/A N/A 40 35% 0.6 0.75 N/A 100 N/A Cellular 20,000 100% of 100% of 100% of N/A N/A 1953 35% 0.6 0.75 N/A 100 B, C next to a telecommunication structure structure structure residential towers height height height district Conditional Uses 19-105 City of Bangor FEBRUARY 25, 2019 Schedule B Developing Area Article XIV, §§ 165-99 through 165-103.1 Minimum Maximum Maximum Lot Area Minimum Minimum Minimum Dwelling Dwelling Maximum Maximum Maximum Impervious Minimum (square Front Yard Side Yard Rear Yard Units per Units per Height Lot Floor Area Surface Minimum Lot Width Minimum District/Use feet) (feet) (feet) (feet) Acre building (feet) Coverage Ratio Ratio Open Space (feet) Buffer Type Drive-in business, gasoline 20,000 50 20 25 N/A N/A 40 25% 0.4 0.7 N/A 100 B service station, retail auto service (Article XIV, 165- 102D(1), (2), and (3)] Animal clinic (Article XIV, 20,000 40 20 25 N/A N/A 40 35% 0.4 0.7 N/A 100 B 165-102D(4)] Warehouse or wholesale 20,000 40 20 25 N/A N/A 40 25% 0.4 0.7 N/A 100 B (Article XIV, 165-102D(5)] Entertainment or 20,000 40 20 25 N/A N/A 40 35% 0.4 0.7 N/A 100 B recreation (Article XIV, 165-102D(6)1 Auto repair shop and light 20,000 40 20 25 N/A N/A 40 35% 0.4 0.7 N/A 100 C industry (Article XIV, 165- 102D(7) and(8)] Public utility and public 5,000 30 20 20 N/A N/A 40 35% 0.4 0.7 N/A 60 B service (Article XIV, 165- 102D(9)1 Chemical dependency 20,000 40 20 25 N/A N/A 40 35% 0.4 0.7 N/A 100 B treatment facility (Article XIV, 165-102D(10)] INDUSTRY & SERVICE (I&S) Permitted Uses 20,000 40 25 25 N/A N/A 50 35% 0.6 0.7 N/A 150 N/A Radio and television 20,000 50% of 50% of 50% of N/A N/A 4003 35% 0.6 0.7 N/A 150 C next to a broadcast towers tower tower tower residential heieht heieht heieht district Conditional Uses NOTES: 1 12,000 SF for the first two units in a building and 3,000 SF for each additional unit in the same building z 27,000 SF for seven dwelling unit buildings and 3,000 SF per unit over seven units in the same building, but not less than a 2 acre site. 3 45,000 SF for 13 dwellings units in a building and 3,000 SF per unit over 13 units in the same building, but not less than a 3 acre site 4 Side and Rear yards shall be increased to 25' for buildings and structures in excess of 5,000 SF 5 Buildings and structures in excess of 5,000 SF Buffer Yard B 6 Or the minimum height allowed under federal law, whichever is greater. 7 Detached residential accessory buildings with a ten -foot maximum height and a one -hundred -fifty -square -foot maximum gross floor area may be set back no less than five feet from side and rear lot lines. Additions via underline 19-105 City of Bangor FEBRUARY 25, 2019 Schedule B Developing Area Article XIV, §§ 165-99 through 165-103.1 Minimum Maximum Maximum Lot Area Minimum Minimum Minimum Dwelling Dwelling Maximum Maximum Maximum Impervious Minimum (square Front Yard Side Yard Rear Yard Units per Units per Height Lot Floor Area Surface Minimum Lot Width Minimum District/Use feet) (feet) (feet) (feet) Acre building (feet) Coverage Ratio Ratio Open Space (feet) Buffer Type Auto repair shop (Article 20,000 50 30 30 N/A N/A 50 35% 0.6 0.7 N/A 150 C XIV, 165-103D(2)] TECHNOLOGY & SERVICE (T&S) Permitted Uses 40,000 50 30 30 N/A N/A 50 35% 0.6 0.65 N/A 150 B Conditional Uses Light manufacturing and 60,000 50 30 30 N/A N/A 50 35% 0.6 0.65 N/A 150 C outdoor storage (Article XIV, 165-103.1D] Drive-in business 40.000 50 30 30 N/A N/A 50 35% 0.6 0.65 N/A 150 B NOTES: 1 12,000 SF for the first two units in a building and 3,000 SF for each additional unit in the same building z 27,000 SF for seven dwelling unit buildings and 3,000 SF per unit over seven units in the same building, but not less than a 2 acre site. 3 45,000 SF for 13 dwellings units in a building and 3,000 SF per unit over 13 units in the same building, but not less than a 3 acre site 4 Side and Rear yards shall be increased to 25' for buildings and structures in excess of 5,000 SF 5 Buildings and structures in excess of 5,000 SF Buffer Yard B 6 Or the minimum height allowed under federal law, whichever is greater. 7 Detached residential accessory buildings with a ten -foot maximum height and a one -hundred -fifty -square -foot maximum gross floor area may be set back no less than five feet from side and rear lot lines. Additions via underline NIVAIMI "I'M MUD Memo To: The Honorable City Council From: David Gould, Planning Officer Date: March 6, 2019 Re: Amending Zoning Ordinance To define Self -storage and clarify the restrictions of retail sales at such facilities - C.O. #19-105 Please be advised that the Planning Board at its meeting on March 5, 2019 held a Public Hearing on the above Zoning Amendment.. Chairman Kenneth Huhn asked the applicant or their representative to make a brief presentation of the request. Planning Staff Sean Gambrel provided background on the proposed change, explaining that the Land Use Ordinance uses of "mini warehouse", which is not defined, but has been used for self -storage facilities. This amendment replaces the term "mini warehouse" with "Self -Storage" and provides a definition of the term. The other element of this amendment is in regard to the current prohibition of retail sales at these facilities. It is presumed the intent was to prohibit such storage units to be utilized a small office or retail sales spaces. Mr. Gambrel noted that retail sales of products associated with self -storage is customarily accessory at other self -storage facilities throughout the region. Member Meagher asked why the use was a Conditional Use in S&PS and a Permitted Use in GC&S. Mr. Gambrel replied that S&PS is primarily a retail sales and office space district and GC&S is intended for heavier commercial uses, with outdoor storage. So while the use might fit very well in the GC&S zone, there may be additional factors to consider for its placement in an S&PS zone. Chair Huhn asked for proponents or opponents to the text amendment. There were none. Member Durgin made a motion that Planning Board recommend the City Council adopt the ordinance change regarding self -storage as contained in Council Order 19-105. Member Brush seconded the motion. The Board voted unanimously to recommend the proposed ordinance change be adopted by the City Council. IN CITY COUNCIL FEBRHARY 25, 2019 COr 19-105 FIRST READING AND REFERRAL TO PLANNING BOARD MEETING OF MARCH 5, 2019 L.O _ t CITY CLERK r IN CITY COUNCIL MARCH 11, 2019 COr 19-105 MOTION MADE AND SECONDED FOR PASSAGE VOTE: 8-0 COUNCILORS VOTING YES: DAVITT, GRAHAM, NEALLEY, SCHAEFER, SPRAGUE, SUPICA, TREMBLE, NICHOLS COUNCILORS VOTING NO: NONE PASSED �D . • a t CITY CLERK