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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