HomeMy WebLinkAbout2019-11-25 20-017 ORDINANCETitle, Ordinance
CITY COUNCIL ACTION
Council Meeting Date: December 23, 2019
Item No: 20-017
Responsible Dept: Legal/Planning
Action Requested: Ordinance
AS AMENDED
20-017 12/23/2019
Map/Lot: N/A
Amending Chapter 165, Land Development Code, by Defining, Allowing for and Regulating Accessory Dwelling
Units
Summary
This ordinance amendment adds a definition of accessory dwelling units (ADUs) to the Land Development
Code, establishes conditions and criteria for the use, and provides for the use in specific districts. If approved,
the amendment will allow for ADUs in the URD -1, LDR, and RR&A zoning districts. The amendment includes
restrictions on ADU size, location, and number, as well as a requirement that no ADU be rented for less than
30 days.
This ordinance arises from the March 2019 "Recommendations to Improve the Status of Housing in Bangor"
from the Bangor Housing Work Group. ADUs are offered as a positive housing option in Bangor because they:
A. Offer independent housing options for families with elderly parents, empty nesters, and young adults
beginning their careers.
B. Allow the principal dwelling unit owner to supplement their income by renting the unit.
C. Give elderly homeowners additional opportunities to age in place.
This addresses the Council goal to "improve quality and quantity of housing to meet demand for workforce
housing, life cycle housing, and supportive housing."
Committee Action
Committee: Planning Board
Action:
Staff Comments & Approvals
Meeting Date: December 17, 2019
For:
Against:
This matter also went before the Business and Economic Development Committee on September 17, 2019.
City Manager
Introduced for: First Reading and Referral
City Solicitor
Finance Director
CITY COUNCIL ORDINANCE
Date: December 23, 2019
Assigned to Councilor: Nichols
AS AMENDED
20-017 12/23/2019
ORDINANCE, Amending Chapter 165, Land Development Code, by Defining, Allowing for and Regulating
Accessory Dwelling Units
WHEREAS, at present, the City is implementing the March 2019 Recommendations to Improve the Status of
Housing in Bangor from the Bangor Housing Work Group;
WHEREAS, at present, there is no mechanism to allow small subordinate dwelling units in single family
neighborhoods;
WHEREAS, the Bangor Housing WorkGroup has recommended accessory dwelling units as a mechanism to
provide more choice in Bangor's housing stock;
WHEREAS, this ordinance amendment provides criteria and controls to address any impacts;
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.
DWELLING UNIT, ACCESSORY (ADU)
A dwellina unit on a lot subordinate to a sinale-familv dwellina (for purposes of this definition. the
principal dwelling) on the same lot. ADUs are secondary in size, form and location to the single-family
dwelling and may be attached, detached or contained within an accessory building (e.g. garage) on the
lot.
165-31.2 Accessory Dwelling Units (ADUs).
A. Accessory Dwelling Units (ADUs) are not subject to minimum lot area requirements nor requirements
for the number of dwelling units per acre.
B. In districts where ADUs are allowed, the Code Enforcement Officer shall approve an ADU upon a
determination that said ADU complies with the following conditions:
ADU square footage may not be more than 50% of the square footage of the principal dwelling_
or 1,000 square feet, whichever is less.
AS AMENDED
20-017 12/23/2019
M Detached ADUs or ADUs contained within an accessory building may not be located in the front
of the lot, where the front of the lot is defined as the space extending the full width of the lot
between the principal dwelling and all streets.
�3) The maximum height of a detached ADU shall be 25 feet. An existing accessory building in
which an ADU is located, or to which an ADU is added, shall adhere to the maximum heiaht
restriction of the zoning district.
Attached ADUs may not be connected to the principal dwelling in the front of the lot as defined
in subsection 2 above.
L5) ADUs contained within the principal dwelling below finished grade must have a daylight entry.
L6) No more than one ADU is allowed per lot.
Manufactured housing (as defined in 30-A M.R.S. � 4358), temporary camping vehicles (as
defined in � 281-2 of this Code), and mobile homes shall not be allowed as an ADU, except
manufactured housina is allowed as an ADU in the Rural Residence and Aaricultural District.
ADUs shall not be rented for less than 30 days.
U No permits for expansions will be allowed for an ADU, except for permits to construct
appurtenances to meet ADA requirements.
10 ADUs in areas not served by city sewer shall be treated as a separate dwelling unit for the
purposes of septic design.
11 The ADU must be in compliance with all other laws and regulations.
§ 165-88 Urban Residence 1 District (URD -1).
C. Permitted Uses. The following uses are permitted in this district:
Accessory Dwelling Units, under the conditions required by 165-31.2.
(-5)&) Accessory uses on the same lot...
Section 165-99 Low -Density Residential District (LDR).
C. Permitted Uses. The following uses are permitted in this district:
AS AMENDED
20-017 12/23/2019
L5,) Accessory Dwelling Units, under the conditions required by 165-31.2.
(-5)L6,) Accessory uses on the same lot...
Section 165-105 Rural Residence and Agricultural District (RR &A).
C. Permitted Uses. The following uses are permitted in this district:
14 Accessory Dwelling Units, under the conditions required by 165-31.2.
15 Accessory uses on the same lot...
20-017 11/25/2019
CITY COUNCIL ACTION
Council Meeting Date: November 25, 2019
Item No: 20-017
Responsible Dept: Legal/Planning
Action Requested: Ordinance Map/Lot: N/A
Title, Ordinance
Amending Chapter 165, Land Development Code, by Defining, Allowing for and Regulating Accessory
Dwelling Units
Summary
This ordinance amendment adds a definition of accessory dwelling units (ADUs) to the Land Development
Code, establishes conditions and criteria for the use, and provides for the use in specific districts. If
approved, the amendment will allow for ADUs in the URD -1, LDR, and RR&A zoning districts. The
amendment includes restrictions on ADU size, location, and number, as well as a requirement that no ADU be
rented for less than 30 days.This ordinance arises from the March 2019 Recommendations to Improve the
Status of Housing in Bangor from the Bangor Housing Work Group. ADUs are offered as a positive housing
option in Bangor because they:
A. Offer independent housing options for families with elderly parents, empty nesters, and young adults
beginning their careers.
B. Allow the principal dwelling unit owner to supplement their income by renting the unit.
C. Give elderly homeowners additional opportunities to age in place.
The amendment will allow for ADUs in the URD -1, LDR, and RR&A zoning districts. The amendment
includes restrictions on ADU size, location, and number, as well as a requirement that no ADU be rented for
less than 30 days.
Committee Action
Committee: Planning Board
Action
Staff Comments & Approvals
Meeting Date: October 1, 2019
For:
Against:
This matter also went before the Business and Economic Development Committee on September 17, 2019.
a�47 ;V --
City Manager City Solicitor Finance Director
Introduced for: First Reading and Referral
CITY COUNCIL ORDINANCE
Date: November 25, 2019
Assigned to Councilor: Nichols
20-017 11/25/2019
ORDINANCE, Amending Chapter 165, Land Development Code, by Defining, Allowing for and Regulating
Accessory Dwelling Units
WHEREAS, at present, the City is implementing the March 2019 Recommendations to Improve the Status of
Housing in Bangor from the Bangor Housing Work Group;
WHEREAS, at present, there is no mechanism to allow small subordinate dwelling units in single family
neighborhoods;
WHEREAS, the Bangor Housing WorkGroup has recommended accessory dwelling units as a mechanism to
provide more choice in Bangor's housing stock;
WHEREAS, this ordinance amendment provides criteria and controls to address any impacts;
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.
DWELLING UNIT, ACCESSORY (ADU)
A dwellina unit on a lot subordinate to a sinale-familv dwellina (for purposes of this definition
the principal dwelling) on the same lot. ADUs are secondary in size, form and location to the
single-family dwelling and may be attached, detached or contained within an accessory
building (e.g. aaraae) on the lot.
§ 165-31.2 Accessory Dwelling Units (ADUs).
A. Accessory Dwelling Units (ADUs) are not subject to minimum lot area requirements nor
requirements for the number of dwelling units per acre.
B. In districts where ADUs are allowed, the Code Enforcement Officer shall approve an ADU upon
a determination that said ADU complies with the following conditions:
M ADU square footage may not be more than 50% of the square footage of the principal
20-017 11/25/2019
dwelling or 1,000 square feet, whichever is less.
Detached ADUs or ADUs contained within an accessory building may not be located in
the front of the lot, where the front of the lot is defined as the space extending the full
width of the lot between the principal dwelling and all streets.
M The maximum height of a detached ADU shall be 25 feet. An existing accessory
building in which an ADU is located, or to which an ADU is added, shall adhere to the
maximum height restriction of the zoning district.
f Attached ADUs may not be connected to the principal dwelling in the front of the lot as
defined in subsection 2 above.
M ADUs contained within the principal dwelling below finished grade must have a daylight
entry.
M No more than one ADU is allowed per lot.
Manufactured housing (as defined in 30-A M.R.S. § 4358), temporary camping vehicles
(as defined in § 281-2 of this Code), and mobile homes shall not be allowed as an ADU,
except manufactured housing is allowed as an ADU in the Rural Residence and
Agricultural District.
ADUs shall not be rented for less than 30 days.
No permits for expansions beyond the allowances in 165-23(C)(1) will be allowed for an
ADU, except for permits to construct appurtenances to meet ADA requirements.
10 ADUs in areas not served by city sewer shall be treated as a separate dwelling unit for
the purposes of septic design.
LLIJ The ADU must be in compliance with all other laws and regulations.
§ 165-88 Urban Residence 1 District (URD -1).
C. Permitted Uses. The following uses are permitted in this district:
M Accessory Dwelling Units, under the conditions required by & 165-31.2.
{5}U Accessory uses on the same lot...
20-017 11/25/2019
Section 165-99 Low -Density Residential District (LDR).
C. Permitted Uses. The following uses are permitted in this district:
M Accessory Dwelling Units, under the conditions required by � 165-31.2.
(S)U6 Accessory uses on the same lot...
Section 165-105 Rural Residence and Agricultural District (RR & A).
C. Permitted Uses. The following uses are permitted in this district:
14 Accessory Dwelling Units, under the conditions required by & 165-31.2.
�LL51 Accessory uses on the same lot...
Memorandum
20-017
NOVEMBER 25, 2019
To: Honorable City Council
From: Anne Krieg AICP- City Planner/HPC
Date: November 19, 2019
Regarding: Adding Accessory Dwelling Units to the Land Development Code
Please accept the following memorandum as background information for the
introduction of a new use and accompanying regulation of a use called "accessory
dwelling units" to the City Code Chapter 165 Land Development. This language has
been reviewed by the Business and Economic Development Committee, the Planning
Board and the Historic Preservation Commission.
Background and Staff Support;
Accessory Dwelling Units (ADU) are one of many tools to bring affordable housing to a
community. Smaller and subordinate to the principal dwelling, they can provide many
positive elements to the housing stock and to the community at large:
A. Offer independent housing options for families with elderly parents, empty
nesters, and young adults beginning their careers.
B. Allow principal dwelling unit owner supplemental income by renting the unit.
C. Connect the generational divide by providing a mechanism for shared housing.
Other advantages include (Daniels, 2012):
A way to create mixed income neighborhoods without reducing property
values
A way to increase density in urban and suburban areas without multifamily
development.
Little burden on community services compared to property taxes generated.
A way to provide housing for the elderly, especially for an older family
member. This enable senior citizens to age in place.
➢ Workforce... housing
City of Bangor Planning Division
Adding Accessory Dwelling Units to the Land Development Code
Background information for City Council First reading 11.25.19
In the 2018 AARP Home and Community Preferences Survey, people age 50 -plus who
would consider creating an ADU said they'd do so in order to: (Eli Spevak & Melissa
Stanton, 2019)
■ Provide a home for a loved one in need of care (84916)
■ Provide housing for relatives and friends (8396)
■ Have a space for guests (69%)
■ Increase the value of their home (67916)
■ Feel safer by having someone living nearby (64%)
■ Create a place for a caregiver to stay (60%)
■ Earn extra income from renting to a tenant (539,65)
ADU's also address a changing housing market overall, given nearly 2/3 of households
in the US are childless.
Young adult renters are also potential consumers of ADU's. They seek to rent longer
and look for smaller units.
According to Forbes (Denton):
Since 20-12.. _ scales ha ve been ' _d toward studio , -bedroom
two-
bedroom - to 38.9%.
,1', ° 216
City of Bangor Planning Division
Adding Accessory Dwelling Units to the Land Development Code
Background information for City Council First reading 11.25.19
Developers and apaltment proDerty o wners Me one -bedroom units because they
• ♦ Ode more rental- venueper square foot than largerbut • far
tooay2; demographics. Those In their 20s are delaying marnage and chIldren Ion
and these young 51rgYes prefer - espedally In urban• - areas
restaurants and relall tallored to their tastes and 11festyles. And, because many of
these renters are older, they�-e less 11kely to want to five w1th a roommate.
Additionally, ADU's are another tool to assist owners of historic properties to finance the
upkeep of their home, as well as offering a range of housing choices for a new
generation of homeowners of historic residences.
Another advantage specific to Bangor is the need for multi -month rentals for medical
professionals at our local hospitals. It has been stated this is difficult for professionals
to find affordable and available housing for this type of stay in Bangor.
For the reasons above, staff sees ADU's as a benefit to the economic health of the city
by allowing for market-driven housing options that are not allowed currently, and, as a
benefit for the community to provide for different generation's housing needs.
In Maine, Portland, Hampden and Cape Elizabeth have all anecdotally reported that
their ordinance has produced units.
2010 Comprehensive Plan
Under strategies for housing, there is a general call to review the land use policies for
housing:
Implement residential development policies through new land use regulations
March 2019 Recommendations to Improve the Status of Housing
in Bangor from the Bangor Housing Work Group
This recent document prepared by a large group of stakeholders and resource members
researched, discussed and recommended many strategies to address housing needs in
Bangor. As noted in the study, Bangor's housing needs have changed dramatically over
the last 50 years, and there has been a population shift in both younger residents and
older residents in the city.
P°< 4C 316
City of Bangor Planning Division
Adding Accessory Dwelling Units to the Land Development Code
Background information for City Council First reading 11.25.19
ADU's are called out (Goal 4b1.e) as one of many short term steps recommended to the
city to catalyze action to encourage denser and affordable residential development. 1
Proposed Language Development
ADU's are typically allowed in two areas:
1. Districts that only allow single family dwellings
2. Districts that allow multifamily housing with minimum lot standards for the use
and area per family requirements.2
It would be repetitive and likely confusing to allow them in districts where 2 family
dwelling units or greater are already allowed by right. The point of ADU's is to allow
them in areas where multi -family is not allowed or without regard to lot area (this will
be helpful for older neighborhoods.)
The definition clarifies the point that ADU's are:
A. Subordinate to the principal use of a single family dwelling
B. Not subject to restrictions as lot area or units per acre
This language assumes the city:
• Accepts the general reasons why allowing ADU's is beneficial as outlined above;
and
• Sees ADU's as their intention of being subordinate in all aspects to the principal
single family dwelling.
The definition for dwelling unit does not appear to need modification as part of this
work.
Code Enforcement is empowered to approve an ADU under certain conditions:
❖ Ensuring the ADU is subordinate
❖ Where on the property the ADU can be located
❖ No campers or RV's as an ADU
❖ ADU's cannot be used as vacation rentals
❖ Expansions only for accessibility purposes
1 Staff observation: ADU's allow for greater densities in single family residential areas, but without the concerns with
bulk because of their requisite subordinate size.
2 This allows the city to provide relief from this part of the code to place an ADU on their property.
,1p4V 416
City of Bangor Planning Division
Adding Accessory Dwelling Units to the Land Development Code
Background information for City Council First reading 11.25.19
Some ADU language reviewed for this research require the owner of the property to
occupy either dwelling on the property; but that requirement was purposefully left out
of this draft. This is a very difficult requirement to administrate and enforce. Zoning
language must be written to govern only the land and not the landowner.
The average apartment in the United States is 890 SF; the average small home (tiny
home) is 700 SF.
Parking was modified to be one space per unit. Please note that a separate pending
project is re-evaluating the parking requirements, notably for residential uses so this
language may likely be requested for change again soon.
Planning Board comments October Z, 2019
The comments from the Planning Board included:
A. Height might need to be increased to accommodate garage apartments
B. Concern that this might be a "back -door" method to bring multi -family housing to
single-family neighborhoods.
C. Concern that the units will degrade the neighborhood, i.e. tiny house on wheels.
D. Code issue — if an addition, will it have to be a full foundation to match the
existing house — this could add significant costs if can't do a slab.
E. Can a pre-existing non -conforming two family have an ADU?
Staff Response to Planning Board Comments:
A. Height is modified in the attached draft.
B. The provision of an ADU is an option for homeowners that they don't have
currently. There is the adage "if you zone it, they will come" but they only come
if the market bears it, and, in this case, if the homeowner wants an additional
dwelling unit on their property.
The allowance of an ADU is part of a larger effort to bring affordable options for
housing in Bangor. Other communities anecdotally have indicated they have
seen a few created in the ordinance; but it appears that communities putting
ADU's in place have not seen an onslaught of applications.
Certain conditions have been put in place to ensure that the density of a lot or
neighborhood does not increase appreciably. These conditions include:
P 2 P C 516
City of Bangor Planning Division
Adding Accessory Dwelling Units to the Land Development Code
Background information for City Council First reading 11.25.19
1. The requirement for the subordination in size of the ADU to the principal
dwelling.
2. The required location on the lot of an ADU to be in the side or rear of the
lot.
3. The requirement that no additions can take place except to make an ADU
accessible.
C. Degradation is addressed in a few ways:
1. The state has already relieved communities from the tiny house on wheels
debate. These type of units cannot receive Motor Vehicle registration.
2. A dwelling unit, by definition, cannot be a mobile home or camper. An
ADU is defined as a dwelling unit.
3. An ADU cannot be a manufactured home by definition.
D. A slab is required.
The context of the comment is to point out the added costs of such an addition
may detract from the affordability benefit of the ADU.
E. If someone has a non -conforming two-family on their property, then the addition
of an ADU would increase the non -conformity. This would, then, not be allowed
as the Non -Conforming section of Section 165-F. clarifies this adequately.
This opinion is based upon the assumption that if a property owner has a 2
family (or more) on a lot that doesn't allow this density, then they have already
received the benefit of an additional dwelling on the lot. Further, if said
additional unit meets the conditions of an ADU, then the lot already has an ADU
and thus, is now conforming to the ordinance. The proposed language prohibits
more than one ADU on a lot.
Daniels, T. (2012). Zoning for Accessory Housing. American Planning Association Zoning Practice.
Denton, J. (n.d.). Forbes. Retrieved from
https://www.forbes.com/sites/axiometrics/2015/11/11/milien nials-drive-one-bedroom-apartment-
trend-but-that-might-change/#54a72fla39a9
Eli Spevak, O. S., & Melissa Stanton, A. L. (2019). The ABC's ofADU'5. AARP.
Thank you for your consideration of this language.
amk
1 ,i pg v 6 16
Memorandum
To: Honorable City Council
From: Anne Krieg AICP- City Planner/HPC
Date: December 17, 2019
Regarding: Adding Accessory Dwelling Units to the Land Development Code
Please accept the following memorandum as background information for the
introduction of a new use and accompanying regulation of a use called "accessory
dwelling units" to the City Code Chapter 165 Land Development. This language has
been reviewed by the Business and Economic Development Committee, the Planning
Board and the Historic Preservation Commission. The requisite Planning Board hearing
is December 17, 2019.
Background and Staff Support;
Accessory Dwelling Units (ADU) are one of many tools to bring affordable housing to a
community. Smaller and subordinate to the principal dwelling, they can provide many
positive elements to the housing stock and to the community at large:
A. Offer independent housing options for families with elderly parents, empty
nesters, and young adults beginning their careers.
B. Allow principal dwelling unit owner supplemental income by renting the unit.
C. Connect the generational divide by providing a mechanism for shared housing.
Other advantages include (Daniels, 2012):
➢ A way to create mixed income neighborhoods without reducing property
values
➢ A way to increase density in urban and suburban areas without multifamily
development
➢ Little burden on community services compared to property taxes generated.
➢ A way to pro vide housing for the elderly, especially for an older family
member. This enable senior citizens to age in ,place.
➢ Workforce... housing
City of Bangor Planning Division
Adding Accessory Dwelling Units to the Land Development Code
Background information for City Council Deliberations 12.23.19
In the 2018 AARP Home and Community Preferences Survey, people age 50 -plus who
would consider creating an ADU said they'd do so in order to: (Eli Spevak & Melissa
Stanton, 2019)
■ Provide a home for a loved one in need of care (84%)
■ Provide housing for relatives and friends (83%)
■ Have a space for guests (69%)
■ Increase the value of their home (67%)
■ Feel safer by having someone living nearby (6491o)
■ Create a place for a caregiver to stay (6091o)
■ Earn extra income from renting to a tenant (5391o)
ADU' also address a changing housing market overall, given nearly 2/3 of households
in the US are childless.
Young adult renters are also potential consumers of ADU's. They seek to rent longer
and look for smaller units.
According to Forbes (Denton):
Since 2012.. the scales ha ve been tilted toward studio and one -bedroom units,
two-
bedroom i 38.9%.
� iir°edit: f liiuiini etriiic :Lric
P s� 2 I 6
City of Bangor Planning Division
Adding Accessory Dwelling Units to the Land Development Code
Background information for City Council Deliberations 12.23.19
Developers and apartmen t property owners 11ke one bedroom units because
pro v1de more rental revenue per square foot than larger units — but they also fa
/I. demographIcs Those In their 20s are delayIng marnage and chIldren lorg
re
and these young sIngles prefer rentIng, espedally In urban core areas that featu, I
restaurants and retall tallored to their tastes and 11festyles And, because many of
these renters are older, they�-e less 11kely to want to five w1th a roommate
Additionally, ADU's are another tool to assist owners of historic properties to finance the
upkeep of their home, as well as offering a range of housing choices for a new
generation of homeowners of historic residences.
For the reasons above, staff sees ADU's as a benefit to the economic health of the city
by allowing for market-driven housing options that are not allowed currently, and, as a
benefit for the community to provide for different generation's housing needs.
In Maine, Portland, Hampden and Cape Elizabeth have all anecdotally reported that
their ordinance has produced units.
2010 Comprehensive Plan
Under strategies for housing, there is a general call to review the land use policies for
housing:
Implement residential development policies through new land use regulations
March 2019 Recommendations to Improve the Status of Housing
in Bangor from the Bangor Housing Work Group
This recent document prepared by a large group of stakeholders and resource members
researched, discussed and recommended many strategies to address housing needs in
Bangor. As noted in the study, Bangor's housing needs have changed dramatically over
the last 50 years, and there has been a population shift in both younger residents and
older residents in the city.
ADU's are called out (Goal 4bi.e) as one of many short term steps recommended to the
city to catalyze action to encourage denser and affordable residential development. 1
' Staff observation: ADU's allow for greater densities in single family residential areas, but without the concerns with
bulk because of their requisite subordinate size.
P,� ; 3 I 6
City of Bangor Planning Division
Adding Accessory Dwelling Units to the Land Development Code
Background information for City Council Deliberations 12.23.19
Proposed Language Development
ADU's are typically allowed in two areas:
1. Districts that only allow single family dwellings
2. Districts that allow multifamily housing with minimum lot standards for the use
and area per family requirements.2
It would be repetitive and likely confusing to allow them in districts where 2 family
dwelling units or greater are already allowed by right. The point of ADU's is to allow
them in areas where multi -family is not allowed or without regard to lot area (this will
be helpful for older neighborhoods.)
The definition clarifies the point that ADU's are:
A. Subordinate to the principal use of a single family dwelling
B. Not subject to restrictions as lot area or units per acre
This language assumes the city:
• Accepts the general reasons why allowing ADU's is beneficial as outlined above;
and
• Sees ADU's as their intention of being subordinate in all aspects to the principal
single family dwelling.
The definition for dwelling unit does not appear to need modification as part of this
work.
Code Enforcement is empowered to approve an ADU under certain conditions:
❖ Ensuring the ADU is subordinate
❖ Where on the property the ADU can be located
❖ No campers or RV's as an ADU
❖ ADU's cannot be used as vacation rentals
❖ Expansions only for accessibility purposes
Some ADU language reviewed for this research require the owner of the property to
occupy either dwelling on the property; but that requirement was purposefully left out
2 This allows the city to provide relief from this part of the code to place an ADU on their property.
P s� ; 4 16
City of Bangor Planning Division
Adding Accessory Dwelling Units to the Land Development Code
Background information for City Council Deliberations 12.23.19
of this draft. This is a very difficult requirement to administrate and enforce. Zoning
language must be written to govern only the land and not the landowner.
The average apartment in the United States is 890 SF; the average small home (tiny
home) is 700 SF.
Parking was modified to be one space per unit. Please note that a separate pending
project is re-evaluating the parking requirements, notably for residential uses so this
language may likely be requested for change again soon.
Planning Board comments October 1, 2019
The comments from the Planning Board included:
A. Height might need to be increased to accommodate garage apartments
B. Concern that this might be a "back -door" method to bring multi -family housing to
single-family neighborhoods.
C. Concern that the units will degrade the neighborhood, i.e. tiny house on wheels.
D. Code issue — if an addition, will it have to be a full foundation to match the
existing house — this could add significant costs if can't do a slab.
E. Can a pre-existing non -conforming two family have an ADU?
Staff Response to Planning Board Comments:
A. Height is modified in the attached draft.
B. The provision of an ADU is an option for homeowners that they don't have
currently. There is the adage "if you zone it, they will come" but they only come
if the market bears it, and, in this case, if the homeowner wants an additional
dwelling unit on their property.
The allowance of an ADU is part of a larger effort to bring affordable options for
housing in Bangor. Other communities anecdotally have indicated they have
seen a few created in the ordinance; but it appears that communities putting
ADU's in place have not seen an onslaught of applications.
Certain conditions have been put in place to ensure that the density of a lot or
neighborhood does not increase appreciably. These conditions include:
1. The requirement for the subordination in size of the ADU to the principal
dwelling.
P r� f. o 5 16
City of Bangor Planning Division
Adding Accessory Dwelling Units to the Land Development Code
Background information for City Council Deliberations 12.23.19
2. The required location on the lot of an ADU to be in the side or rear of the
lot.
3. The requirement that no additions can take place except to make an ADU
accessible.
C. Degradation is addressed in a few ways:
1. The state has already relieved communities from the tiny house on wheels
debate. These type of units cannot receive Motor Vehicle registration.
2. A dwelling unit, by definition, cannot be a mobile home or camper. An
ADU is defined as a dwelling unit.
3. An ADU cannot be a manufactured home by definition.
D. A slab is required.
The context of the comment is to point out the added costs of such an addition
may detract from the affordability benefit of the ADU.
E. If someone has a non -conforming two-family on their property, then the addition
of an ADU would increase the non -conformity. This would, then, not be allowed
as the Non -Conforming section of Section 165-F. clarifies this adequately.
This opinion is based upon the assumption that if a property owner has a 2
family (or more) on a lot that doesn't allow this density, then they have already
received the benefit of an additional dwelling on the lot. Further, if said
additional unit meets the conditions of an ADU, then the lot already has an ADU
and thus, is now conforming to the ordinance. The proposed language prohibits
more than one ADU on a lot.
(:)rRs Cited
Daniels, T. (2012). Zoning for Accessory Housing. American Planning Association Zoning Practice.
Denton, 1. (n.d.). Forbes. Retrieved from
https://www.forbes.com/sites/axiometrics/2015/11/1 1/m illennials-drive-one- bed room-apartment-
trend-but-that-might-change/#54a72f1a39a9
Eli Spevak, 0. S., & Melissa Stanton, A. L. (2019). The ABC's ofADU's. AARP.
Thank you for your consideration of this language.
amk
P s� f. o 6 16
Memorandum
To: The Honorable City Council
From: Anne Krieg AICP — City Planner
Date: December 18, 2019
Regarding: Planning Board Public Hearing December 17, 2019
Please accept the following as discussion, deliberations and a recommendation from the
Planning Board for the Text Amendment Change noted below:
Land Development Code Text Amendment Change — Accessory Dwelling Units
(ADU's) - To Amend Chapter 165, Land Development Code, of the Code of the City of
Bangor, add a definition of accessory dwelling units (ADUs) to the Land Development
Code, establishing conditions and criteria for the use, and provides for the use in specific
districts. This ordinance arises from the March 2019 ""Recommendations to Improve the
Status of Housing in Bangor" from the Bangor Housing Work Group.
All Planning Board members were attendance for this hearing. The Chair opened the
public hearing and Anne Krieg presented the language, providing background to the
proposed ordinance.
The Chair opened the floor to questions from the Board as no other proponents or
opponents were present.
Member John Kenney asked if an ADU could be constructed on a garage that did not meet
setback. After discussions between staff and the Assistant City Solicitor Paul Nicklas, it
was decided that the Code Enforcement Officer would have to determine if it's an increase
in a nonconforming situation.
Parking was also discussed.
Member Durgin moved to recommend passage of the Accessory Dwelling Unit language
as presented with a second from Member Brush. All were in favor of the motion.
73 HARLOW STREET, BANGOR, ME 04401
TELEPHONE: (207) 992-4280 FAX: (207) 945-4447
WWW. BANG ORMAINE.GOV
IN CITY COUNCIL
NOVEMBER 25,2019
Cord 20-017
FIRSTAEADING
4
CI CLERK
DECEMBER 9,2019
COrd 20-017
MOTION MADE AND SECONDED FOR PASSAGE
MOTION MADE AND SECONDED TO POSTPONE TO NEXT REGULARLY SCHEDULED MEETNIG AS THE ITEM
HAS NOT YET GONE BEFORE THE PLANNING BOARD
PASSED TO POSTPONE
DECEMBER 23,2019
Cord 20-17
MOTION MADE AND SECONDED FOR PASSAGE
MOTION MADE AND SECONDED TO AMEND BY SUBSTITUTION
AMENDMENT PASSED
MOTION MADE AND SECONDED FOR PASSAGE AS AMENDED
VOTE: 7- 0
COUNCILORS VOTING YES: HAWES,NICHOLS, SCHAEFER, SPRAGUE, SUPICA,TREMBLE,DAVITT
COUNCILORS VOTING NO: NONE
PASSED
CIT CLERK