HomeMy WebLinkAbout2020-10-26 20-355 ORDINANCETitle, Ordinance
20-355 10/26/2020
CITY COUNCIL ACTION
Council Meeting Date: October 26, 2020
Item No: 20-355
Responsible Dept: Planning
Action Requested: Ordinance Map/Lot: N/A
Amending Chapter 165, Land Development Code, Attachment 2, Schedule A Urban Developed Area by
changing some of the dimensional controls in the Urban Service District (USD)
Summary
There are a significant number of properties in the Urban Service District, both on Main Street and State Street
that have been historically built adjacent to the roadway. There are also underutilized properties in these
areas that are finding difficulties in re -developing their parcels, and thus the lots remain stagnant.
This ordinance seeks to bring these lots into conformity and also help to make both State Street and Main
Street more pedestrian friendly by allowing the buildings to be closer to the sidewalk.
Please note that the rear setback to residential neighborhoods is proposed to remain at twenty feet but for
other abutting districts, it is proposed to be reduced to ten feet. The maximum lot coverage is also proposed
to increase to 40%.
Please also note that all of the last decade's master plans for the Main Street area have called for this change.
Committee Action
Committee: Business and Economic Development
Action:
Staff Comments & Approvals
Meeting Date: October 20, 2020
For: 5
Against: 0
As this is an amendment to the Land Development Code, it should also be referred to the Planning Board
meeting of November 17, 2020.
City Manager
Introduced for: First Reading and Referral
City Solicitor
Finance Director
CITY COUNCIL ORDINANCE
Date: October 26, 2020
Assigned to Councilor: Nichols
20-355 10/26/2020
ORDINANCE, Amending Chapter 165, Land Development Code, Attachment 2, Schedule A Urban Developed
Area by changing some of the dimensional controls in the Urban Service District (USD)
WHEREAS, at present, there are a large number of properties in the Urban Service District (USD) that do not
meet the front yard requirement;
WHEREAS, at present, there are lots that are vacant and/or underutilized within the USD;
WHEREAS, reducing minimum front yards is considered pedestrian friendly; and
WHEREAS, previous planning documents for Main Street have called for this change;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT
Chapter 165, Attachment 2, Schedule A of the Code of the City of Bangor is amended as shown on the
attached.
LAND DEVELOPMENT
165 Attachment 2
City of Bangor
Schedule A
Urban Developed Area
Article XIII, §§ 165-88 through 165-97
[Amended 10-23-1995 by Ord. No. 95-412; 12-27-2000 by Ord. No. 01-64; 9-9-2002 by Ord. No. 02-320; 11-22-2004 by Ord. No. 05-
08; 12-12-2005 by Ord. No. 06-21; 6-26-2006 by Ord. No. 06-226; 11-14-2007 by Ord. No. 07-323; 3-24-2008 by Ord. No. 08-104;5-
9-2011 by Ord. No. 11-131; 12-23-2013 by Ord. No. 14-034; 3-13-2017 by Ord. No. 17-082; 3-27-2017 by Ord. No. 17-103; 9-11-2017
by Ord. No. 17-288; 9-10-2018 by Ord. No. 18-315; 1-14-2019 by Ord. No. 19-053]
Minimum Minimum Minimum Minimum
Maximum Minimum Maximum Minimum Front Yard Side Yard Rear Yard Maximum Water Maximum
District Height Lot Area Lot Lot Width Depth Depth Depth Impervious Setback Floor Area
Zoning Districts (feet) (square feet) Coverage (feet) (feet) (feet) (feet) Surface Ratio (feet) Ratio
Urban Residence 1 (URD -1) 35 10,000 25% 75 207 5 20; 5 for 0.7
accessory
structure
Urban Residence 2 (URD -2) 40 ' 35% 75 207 5 20; 5 for 0.75 -- --
accessory
structure
Multifamily and Service (M 45 2 40% 60 10 10 10 0.85 1.0 1.0
& SD)
Neighborhood Service (NSD) 35 10,000 25% 75 20 10 20 None 0.4 0.4
Urban Service (USD) 35 10,000 3040% 80 40-10 10 108 None -- --
29
Downtown Development None None None None None None None None 4.0 4.0
(DDD)
165 Attachment 2:1 02-01-2019
BANGOR CODE
165 Attachment 2:2 02-01-2019
Minimum
Minimum
Minimum
Minimum
Maximum
Minimum
Maximum
Minimum
Front Yard
Side Yard
Rear Yard
Maximum
Water
Maximum
District Height
Lot Area
Lot
Lot Width
Depth
Depth
Depth
Impervious
Setback
Floor Area
Zoning Districts
(feet)
(square feet)
Coverage
(feet)
(feet)
(feet)
(feet)
Surface Ratio
(feet)
Ratio
Waterfront Development
65; except 35 in the
10,000
70%
100
0
20
20
None
50
2.0
(WDD), permitted uses
Shoreland Zone within
250 feet of the mean
high-water mark of the
Penobscot River
Waterfront Development
35
10,000
70%
100
0
20
20
None
0
2.0
District (WDD), conditional
uses: marine -related
commercial uses (within 250
feet of mean high water)
Waterfront Development
100
40,000
75%
100
0
20
20
None
250
2.0
District (WDD), conditional
uses: hotels, business or
professional office buildings,
in excess of 65 feet in height
Waterfront Development
35
10,000
70%
100
0
25
25
None
50
2.0
District (WDD), conditional
uses: commercial
establishments
that provide for craftspeople,
artisans and others to craft
prepare, package
and sell their products
Waterfront Development
35
20,000
70%
100
0
20
20
None
50
2.0
District (WDD), conditional
uses: accessory drive-in
service
Bass Park
100
10,000
45%
100
0
0
0
None
Airport Development (ADD)
Subject
to land development
permit
review by Planning Board
and federal aviation
regulations
165 Attachment 2:2 02-01-2019
Zoning Districts
Cellular telecommunication
towers'
Urban Industry (UID)
Radio and television
broadcast towers'
Government and Institutional
Service (G & ISD)
Radio and television
broadcast towers when
accessory to a public
nonprofit agency'
LAND DEVELOPMENT
NOTES:
'For one and two dwelling units, 9,000 square feet; for three dwelling units, 10,500 square feet; and for four dwelling units, 12,000 square feet.
'For the first two dwelling units, 6,500 square feet, plus 1,000 square feet for each additional dwelling unit.
'(Reserved)
4 Or the minimum height allowed under federal law, whichever is greater.
' Minimum buffer yard: Type B, C next to a residential district.
'Minimum buffer yard: Type B next to a residential district.
'Minimum setback for open porches from the front property line is 10 feet.
'20' rear yard setback for properties abutting residential districts
Maximum
Impervious
Surface Ratio
None
Minimum
1.0
Water
Maximum
Minimum
Minimum
Minimum
Maximum
Minimum
Maximum
Minimum
Front Yard
Side Yard
Rear Yard
District Height
Lot Area
Lot
Lot Width
Depth
Depth
Depth
(feet)
(square feet)
Coverage
(feet)
(feet)
(feet)
(feet)
195'
20,000
35%
100
100% of
100% of
100% of
structure
structure
structure
height
height
height
None
None
40%
50
30
10
20
4004
20,000
40%
50
50%oftower
50% of
50% of
height
tower
tower height
height
80
None
30%
None
30
20
30
195°
20,000
30%
N/A
100% of
100% of
100% of
tower height
tower
tower height
height
NOTES:
'For one and two dwelling units, 9,000 square feet; for three dwelling units, 10,500 square feet; and for four dwelling units, 12,000 square feet.
'For the first two dwelling units, 6,500 square feet, plus 1,000 square feet for each additional dwelling unit.
'(Reserved)
4 Or the minimum height allowed under federal law, whichever is greater.
' Minimum buffer yard: Type B, C next to a residential district.
'Minimum buffer yard: Type B next to a residential district.
'Minimum setback for open porches from the front property line is 10 feet.
'20' rear yard setback for properties abutting residential districts
Maximum
Impervious
Surface Ratio
None
Minimum
1.0
Water
Maximum
Setback
Floor Area
(feet)
Ratio
N/A
.6
None
1.0
None
N/A
None
2.0
None
N/A
1.0
1.0
2.0
2.0
165 Attachment 2:3 02-01-2019
Memorandum
To: Honorable Bangor City Council
Cathy Conlow, City Manager
From: Anne M Krieg AICP, Planning Officer
Date: November 18, 2020
CC: Tanya Emery, Director of Community and Economic Development
Joshua Saucier, Assistant City Solicitor
Jeff Wallace, Code Enforcement Officer
Re: Planning Board Recommendation November 17, 2020
Text Amendment Change — Attachment 2, Schedule A Urban Developed
Area by changing some of the dimensional controls in the Urban
Service District (USD)
Please accept this memorandum as the recommendation from the Planning Board for the noted item.
The Planning Board considered this item in a noticed public hearing on November 17, 2020.
The meeting was conducted using the city's Zoom account.
Staff reviewed the proposed amendment, noting the following:
This is a proposed amendment to reduce setbacks in the Urban Service District. This reduction
allows for more pedestrian scaled buildings.
The change will also reduce non -conformities currently in the district. These non -conformities exist
along Main Street and State Street. Non conformities can lead to blighted conditions or underutilized
buildings/lots as improvement plans are hampered by non -conforming situations. We also have
abandoned lots in this district that could re -developed if some relief to setbacks were provided.
Please note that the protections in the rear setback to residential properties remains. This district
directly abuts residential neighborhoods. Pushing the buildings forward to the street helps provide
that rear buffer more easily.
The Board passed a motion, by roll call, made by Member Hogan and Seconded by Member Meagher,
to recommend to the City Council that the said contract zoning district change ought to pass. All
members voted yes.
73 HARLOW STREET, BANGOR, ME 04401
TELEPHONE: (207) 992-4280 FAX: (207) 945-4447
WWW. BANG ORMAINE.GOV
IN CITY COUNCIL
OCTOBER 26,2020
COrd 20-355
Motion made and seconded for First Reading and Referral to Planning Board Meeting of November 17,2020
Vote: 9—0
Councilors Voting Yes: Fournier,Hawes,Nichols, Okafor, Schaefer, Sprague, Supica,Tremble, Davitt
Councilors Voting No: None
Passed
CITV tfERK(
IN CITY COUNCIL
NOVEMBER 23,2020
COrd 20-355
Motion made and seconded for Passage
Vote: 9—0
Councilors Voting Yes: Davitt,Dubay,Fournier,Hawes,Nichols, Okafor, Schaefer, Sprague, Tremble
Councilors Voting No: None
Passed
CI CLERK