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