HomeMy WebLinkAbout2019-04-08 19-142 ORDINANCETitle, Ordinance
19-142 04/08/2019
CITY COUNCIL ACTION
Council Meeting Date: April 8, 2019
Item No: 19-142
Responsible Dept: Legal
Action Requested: Ordinance Map/Lot: N/A
Amending Chapter 165, Land Development Code, Section 165-80, by Removing the One -Acre Minimum
Requirement for Lots with Septic Systems
Summary
This ordinance would remove a provision from the Land Development Code requiring a minimum lot size of
one acre for a septic system.
Under the current ordinance, lots less than one acre in size are only buildable if they connect to City water and
sewer. Many lots that are beyond the reach of Bangor's water and sewer systems are in the Rural Residence
and Agricultural District, and meet that district's area requirement of one and a half acres. Some
nonconforming lots, however, do not. The one -acre requirement prevents some of these lots from being
redeveloped, even though they meet state standards for septic systems (approximately half an acre for a
single-family home).
The proposed change to the ordinance would allow the existing lots less than one acre to be either developed
or redeveloped based upon the minimum lot size standards under state law. New lots would have to conform
to minimum lot size standards in the Land Development Code as well as the State law.
Committee Action
Committee: Business and Economic Development
Action: Approve
Staff Comments & Approvals
Meeting Date: April 2, 2019
For: 5
C_,_� V-) Lz\__�) /__;YW
City Manager City Solicitor
Introduced for: First Reading and Referral
Against: 0
Finance Director
CITY COUNCIL ORDINANCE
Date: April 8, 2019
Assigned to Councilor: Nealley
19-142 04/08/2019
ORDINANCE, Amending Chapter 165, Land Development Code, Section 165-80, by Removing the One -Acre
Minimum Requirement for Lots with Septic Systems
WHEREAS, at present, lots less than one acre in size are only buildable if they connect to City water and
sewer;
WHEREAS, some nonconforming lots that are beyond the reach of Bangor's water and sewer systems are in
the Rural Residence and Agricultural District, and do not meet that district's area requirement of one and a
half acres;
WHEREAS, the one -acre requirement prevents some of these lots from being redeveloped, even though they
meet state standards for septic systems;
WHEREAS, the state standards are sufficient to ensure the safety of septic systems on these nonconforming
lots;
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:
§ 165-80 Water and sewerage.
A. Whenever possible, all uses and developments will be provided with water service from the Bangor Water
District and connected to the Bangor sewer system.
B. Lots without public sewer facilities. The minimum lot area requirement for any construction requiring on-
site waste disposal facilities and not served by a municipal sewer system shall be one aere per dwelling
nmt and sha" be furtheF subject to the requirements of 12 M.R.S.A. § 4807 et seq., as amended.
NaiqFesmdentmal uses will also reqHiFe 019 . ingHng 'at sipe, unless the G=ade Enf-eFeengent E)ffleeF shall
require a larger area beeause of the elltent of the systeng required for sueh use.
Additions are underlined, deletions strueak threugh.
NIVAIMI "I'M MUD
Memo
To:
The Honorable City Council
From:
David Gould, Planning Officer
Date:
April 17, 2019
Re:
Amending Zoning Ordinance
To amend C.O. 19-142
Please be advised that the Planning Board at its meeting on April 16, 2019 held a Public
Hearing on the above Zoning Text amendment.
Chairman Kenneth Huhn asked the applicant or their representative to make a brief
presentation of the request.
David Gould, Planning Officer stated that since the 1974 Zoning Ordinance had a
minimum of one acre for lots not served by municipal sewer. There are some existing properties
where homes are on lots of less than an acre, which makes redevelopment impossible without
more land. The intent of the amendment is to utilize the State of Maine's "Minimum Lot Size Law",
in lieu of the current one acre minimum. In the Rural Residence and Agricultural Zone this is no
concern, but in the Urban Industry District there is no minimum lot size.
Chair Huhn asked for proponents or opponents to the text amendment. Being none, he
asked the Board for discussion or a motion.
Member Durgin made a motion to make a positive recommendation to the City Council.
Member Brush seconded the motion and the Board voted unanimously to recommend the text
amendment as proposed in C.O. #19-142.
Member Bazinet noted he was in support of using the State standard over a more
restrictive local one.
Mr. Gould noted the intent was to balance the goal to direct development to the serviced
portions of the city with the burden of regulations which limit property owner's use of their land.
H 9 0 0 < 0 O ro H H H O ro
� 11 74
AHC, cnzz X H+ aH n �Hc. y a r H
0 1 , d r r Oo z %O N H l0 H
l=i' O O I N CO
cin ci b v oc�
C11 NN c. H .L) N o
O
H N O z
�O C)
H H H
H
o � o
t •• ▪ z
z r�
z 0
0
ro
• Cl)
tri cn
a a
✓ c)
✓ rTi
rTl
P c
c)
rxi
ro
crlro
C)
tTi
ro
H
C7
H
iv
tri
td
r
rxi
H
0
H
n
0
r
m