HomeMy WebLinkAbout1982-07-26 82-203 ORDINANCE82-203
IntrWmed by Cwn<ilorMCKeman, duly X, 1982
THAT the provisions of Chapter VIII, Article 2, Section 8 be
amended in Subsection (9), second paragraph, as follows:.
Said notice shall be published, at least 10 days in
advance of said hearing, in a daily newspaper of
general circulation in the City of Bangor and shall
be sent byU. S. mail to all persons initiating the
proposed amendment, and to all persons owning abutting
property and/or within 100 feet of the exterior
boundaries of the real estate to be affected by said
CITY OF BANGOR
W
(TRE.) (OrbhUWrgy Amending Chapter VIII, Articles 2 and 21 of
the
ordinances of the City of ,Bangor -- Contract Zoning
Be Um4aixed by de City Conseil ofdw City ofBaspor, a fl .
THAT the provisions of chapter V111, Article 2, Section 8
be
amended in Subsection (1), as follows:
(1)_ An amendment to this Ordinance shall be initiated
by the completion and filing of a form for such
purposes with the Planning Department, City Hall,
Bangor, Maine. If the applicant voluntarily pro
off Eis in Writl no reasonable conditions o r
inq a list at all
sGiict Iona under contract 2912
._such proposed canditiona o estrictions shall
be included with the application form.
THAT the provisions of Chapter VIII, Article 2, Section 8
be
amended in Subsection (9), first paragraph, as follows:
14) . Said notice shall include, but not be
limited to, the following information:
(a) Date, time and place of said hearing;
(b). A summary ormap of .the proposed amendment;
Icl A -list of all proposed conditions o
eases tig .
THAT the provisions of Chapter VIII, Article 2, Section 8 be
amended in Subsection (9), second paragraph, as follows:.
Said notice shall be published, at least 10 days in
advance of said hearing, in a daily newspaper of
general circulation in the City of Bangor and shall
be sent byU. S. mail to all persons initiating the
proposed amendment, and to all persons owning abutting
property and/or within 100 feet of the exterior
boundaries of the real estate to be affected by said
proposed change. Notice of any proposed amendment
being processed under the contract zoning provisions of
this Ordinance shall also comply withnthe reg ants
o£ 30 M.R.S.A. 5 4962. For purposes or the no Ice e
required hereunder, the owners of property shall be
considered to be those against whom taxes were assessed
on the prior April 1 . . . .
THAT the provisions of Chapter VIII, Article 2, Section 8 be
amended in Subsection (5), as follows:
(5) The Planning Board shall make its recommendations
to the Council in writing within thirty (30) days
of any public hearing conducted
pursuant to this Ordinance; provided, howeve that
to constitute Planning Board approval a proposed
amendment must r at least three (3) affirmative
votes from the Board. e Said thirty (30) day period
may be extended for an
additional thirty (30) days
by vote of the Board.Failure of the Board to issue
its recommendations within said thirty (30) day
period, or extension thereof, shall constitute
Board approval of the proposed amendment.
THAT the provisions of Chapter VIII, Article 21 be amended by
adding a new Section 11, as follows:
Sec. 11 Contract zoning. In accordance with 30 M.R.S.A.
5 4962 property in the City
of Bangor may be rezoned by means of a process
known as contract zoning.
11.2 Definitions
(a) Contract zoning: The process by
which the property owner, i
sideration of the rezoning of
his property, agre s tothei
position of certain conditions or
restrictions not imposed on other
1Nilarly zoned properties.
11.3 Mandatory conditions. Any zone change adopted
pursuant to this Section
shall:
(al be consistent with the Comprehensive
Plan of the City of Bangor, as
ended;
(b) be consistent with the existing and
permitted uses within the original
zone;
W only include conditions and
restrictions which relate to the
physical development o operation
of the property'
(d) be subject to a ent cuted
Dy authorize representativeaseof
both the roperty ownerand the
City ProvQiding £or theimRiementation
and enforcement of all terms and
conditions imposed and agreed to
by the parties pursuant to this
Section.
11.4 Discretionary conditions. Any zone change
adopted purl ant to
this Section may include reasonable conditiona
or restrictions relating to one a of the
following:
(af limitations on the number and type
of authorized u of the property;
(b) limitations go the heightand
lot coverage o£ -any-structure
or structures built cn the
Prdpertv:
(c) increased setbacks and sidedards
for anstructurestructures
built on the b ertv:
(d) the installation, -operation and
maintenance of physical a
ents €or -thee mo£ the
-
general -Public including but not
limited tog off -street -Parking
lots, traffic- control : devices.
-
fencing shrubbery and screening,
lel the creation, f ration and
maintenance o:o
or buffer zones;
(f) the dedication a o€
Property for Public Purchase, iA-
closing 1A -but ggt limited to, streets,
S
Parks, adnd ut'1'ty vstema
11.5 Procedure.
(a) All proposed amendments: to.. this
2lnance being considered ander. this..
Sect1onoshal e� cnroceased i accordance
with Article 2, Section U and 30
5 4962. 'If at:all
possible It B.pro-
sing of.the 'app kation under both
procedures. snail be accomplished
concurrently.
In City Council July 26r1982
Refeiedto Planning Board &
Code & Ordinances Committee
consider Wxt meeting
�liv CLicrK .
IN CITY COUNCIL
August 9, 1982
consider t wetirg.
�i,_'�Oeputy, C Clerk
82-203
ORDINANCE
I TITIE,) Amending Chapter VIII Art Fries
2 and 21 of the Ordinances of the
City of Banp.or - Contract Zoning
In City Council August 23,1982
Amended By deleting 1 letter O
the word proffer in the 4th
line let paragraph
Passed as amended by the following yes
and no vote Voting yes Gesa,Tordan,
Po Raman, Porter, Soucy, Weymouth,
ed1lle)y VotiM No Brown,Zendsian
CiTy Clerk
Rongor. the center of Maio—the G tomty to Mairm's North Woods and Seashore Resorts
DATE:
August 17, 1982
T0:
The Honorable City Council
FROM:
The Planning Board
SUBJECT:
Zoning Amendment _
- -
Contract Zoning _
C.O. p 82-203
RODNEY C, MCKAY
CITY HALL
MAINE 044101
LORD
r... m,t..,<..,
n,....,JOHN off,.,
(ft
of Par'sat,
cmain
DATE:
August 17, 1982
T0:
The Honorable City Council
FROM:
The Planning Board
SUBJECT:
Zoning Amendment _
- -
Contract Zoning _
C.O. p 82-203
Please be advised that at its regular meeting on August 16,
1982, the Planning Board held a public hearing on the above
zoning amendment. After considerable discussion on the State
enabling legislation; the types of applications of the contract
zoning technique; the application and review, procedures; and the
exclusion or inclusion of use restrictions as contract prevons,
the Board voted four in favor and one opposed to recommendto
City Council that it adopt the zoning amendment contained in C.O. y
82-203. -
44 4
otn M. Lora
Planning Officer -