HomeMy WebLinkAbout2021-02-22 21-099 ORDINANCETitle, Ordinance
21-099 02/22/2021
CITY COUNCIL ACTION
Council Meeting Date: February 22, 2021
Item No: 21-099
Responsible Dept: Planning
Action Requested: Ordinance Map/Lot: n/a
Amending Chapter 165, Land Development Code, by amending parking standards, reducing parking setbacks,
allowing for additional outdoor dining space, and, in the Shopping and Personal Service district, reducing
overall setbacks.
Summary
This ordinance amendment would relax parking standards in a number of ways, particularly for restaurants
and other places of assembly, and would reduce setbacks in the Shopping and Personal Service District.
The Land Development Code contains a number of requirements regarding parking. Some of the current
requirements, particularly those dealing with restaurants and other places of assembly, appear to be
unnecessarily burdensome. Additionally, the rise in popularity of outdoor seating for restaurants calls for
looking at parking requirements for such seating. Outdoor seating can allow for the use of vacant space to
create activity and visibility for a restaurant and its immediate area.
This ordinance would amend parking requirements in a number of ways. Certain parking setbacks in a
number of zones would be reduced by five feet. Procedures for dealing with unusual or combined uses would
be made more flexible. The number of parking spaces required for some establishments would be reduced,
particularly for drive-in restaurants. Outdoor seating areas would be allowed in required green spaces, and
would not create additional parking requirements.
The ordinance amendment would also reduce front and rear setbacks for permitted uses, as well as most
setbacks for drive-in businesses, in the Shopping and Personal Service District. This will allow businesses to
locate closer to the street, provide additional room for development, and make it easier for existing businesses
to add drive-in service.
These amendments will help support safe and prosperous businesses during the pandemic and thereafter.
Committee Action
Committee: Planning Board
Action:
Staff Comments & Approvals
City Manager
Meeting Date: March 2, 2021
For:
Introduced for: First Reading and Referral
City Solicitor
Against:
Finance Director
CITY COUNCIL ORDINANCE
Date: February 22, 2021
Assigned to Councilor: Dubay
21-099 02/22/2021
ORDINANCE, Amending Chapter 165, Land Development Code, by reducing parking for certain uses, and, in
the Shopping & Personal Service District, parking setbacks and building setbacks to support outdoor dining
ability in the district.
WHEREAS, certain parking requirements in the Land Development Code are unnecessary, overly
burdensome, or too inflexible;
WHEREAS, the present pandemic has caused many in the restaurant industry to move table service and take
out service outside to reduce the exposure to COVID-19;
WHEREAS, this operation has caused the restaurant industry to see these changes as positive to their
operations and they seek to make them permanent;
WHEREAS, some requirements in the Land Development Code currently prevent or inhibit outdoor table
service;
WHEREAS, the restaurant industry is an important element of the city's provisions of goods and services to
the city, as well as the region; and
WHEREAS, certain setback requirements in the Shopping and Personal Service District are needlessly
restrictive, making it more difficult for businesses to locate, expand, or add drive-in service;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT
Section 1:
Chapter 165 of the Code of the City of Bangor is amended as follows:
§ 165-72 Required number of spaces.
A minimum number of off-street parking spaces shall be provided and maintained by the owner of every
building or property hereafter erected, altered or changed in use, in accordance with the following
requirements:
1. Place of assembly, such as a restaurant, tavern, entertainment or recreation facility, private club,
community center or church, for which seating capacity can be determined: one space for every four seats
and every eight linear feet of bench space. Such places of assembly for which seating capacity cannot be
determined: one space for every 200 square feet of gress fleer assembly area.
21-099
FEBRUARY 22, 2021
LAND DEVELOPMENT
165 Attachment 3:1 05-01-2019
165 Attachment 3
City of Bangor
Schedule B
Developing Area
Article XIV, §§ 165-99 through 165-103.1
[Amended 4-27-1992 by Ord. No. 92-150; 9-14-1998 by
Ord. No. 98-339; 4-24-2006 by Ord. No. 06-141; 6-26-2006 by
Ord. No. 06-
224; 5-14-2007 by Ord.
No. 07-156;
3-24-2008 by Ord. No. 08-104; 1-11-2010 by Ord. No. 10-039; 5-13-2013
by Ord.
No. 13-140; 10-
27-2014 by Ord. No. 14-314; 4-27-2015 by Ord. No.
15-137; 9-11-2017 by Ord. No. 17-289; 3-11-2019 by Ord. No.
19-105]
Minimum
Lot
Minimum
Minimum Minimum
Maximum Maximum
Maximum
Minimum
Area
Front
Side Rear
Dwelling Dwelling Maximum Maximum Floor
Impervious
Minimum
Lot
Minimum
(square
Yard
Yard Yard
Units Units per Height Lot Area
Surface
Open
Width
Buffer
District/Use
feet)
(feet)
(feet) (feet)
per Acre Building (feet) Coverage Ratio
Ratio
Space
(feet)
Yard Type
Shopping and Personal Service (S & PS)
Permitted uses
10,000
4920
10 5510_25
N/A N/A 40 30% 0.6
.70
N/A
100
N/A
Conditioml uses
abutting
residential
districts
High-rise hotel [Article XIV, §
30,000
50
20 25
N/A N/A 60 25% 0.7
.70
N/A
150
B
165-101 D(1)]
Retail auto service or gasoline
20,000
50
20 25
N/A N/A 40 25% 0.4
.70
N/A
100
C
service station [Article XIV, §
165-101 D(3) and (5)]
Drive-in business [Article
20,000
4020
2910 5510_25
N/A N/A 40 25% 0.4
.70
N/A
100
A
XIV, § 165-101D(4)]
abutting
Self -storage facility and
residential
warehousing or wholesaling
districts[Article
XIV,
§ 165-1011)(2) and (6)]
20,000
50
10 25
N/A N/A 40 25% 0.4
.70
N/A
100
C
Building supply or other
40,000
50
20 25
N/A N/A 40 25% 0.4
.70
N/A
150
C,
outdoor display in excess of
surrounding
1% floor area [Article XIV, §
outdoor
165-101D(7)]
storage area
and adjacent
Auto, truck, boat,
20,000
50
20 25
N/A N/A 40 25% 0.4
.70
N/A
150
C
manufactured or modular
homes, agricultural and
construction machinery sales
[Article XIV, § 165-101D(8)]
Mixed residential and
10,000, plus
40
10 25
N/A N/A 40 30% 0.6
.70
600 square
100
B
commercial use [Article XIV,
minimum lot
feet per
§ 165-1011)(9)]
area for
dwelling unit
dwelling units
per LTRD-2
Public utilities [Article XIV,
5,000
30
20 20
N/A N/A 40 25% 0.4
.70
N/A
60
C
§ 165-1011)(10)]
Entertainment or recreation
10,000
40
10 25
N/A N/A 40 30% 0.6
.70
N/A
100
B
[Article XIV, § 165-101D(11)]
165 Attachment 3:1 05-01-2019
21-099 02/22/2021
M. Drive-in business serving food: Fninimum 29 spaees one space for every 200 square feet of seating area;
other drive-in businesses: minimum five spaces.
O. Uses not listed in this schedule:
Tra ffie Engineers (ITE) standards. The Code Enforcement Officer, in consultation with the Planning Officer
and City Engineer, shall determine the number of spaces required based on Institute of Transportation
Engineers standards for the most similar use or uses, or may accept an empirical determination of overall
parking needs of a use as prepared by a qualified parking analyst.
P. Combination of above uses: the sum of the requirements of the various uses computed separately if the
peak hour use is similar in the opinion of the Code Enforcement Officer, or in the opinion of the Planning_
Board if a Land Development Permit is required; otherwise, the number of parking spaces required for the
use requiring the greatest number of spaces.
R. Exemptions from the requirements of this § 165-72 are as follows:
(5) Outdoor seating for places of assembly shall not be subject to parking requirements for the
outdoor seating
§ 165-73 Parking area location and screening.
The location of off-street parking shall comply with the following requirements:
B. In any district, no off-street parking space, outdoor display area or outdoor storage area shall be located
closer to a street line, side lot line or rear lot line than the minimum distance in feet indicated on the
following schedule:
Minimum Distance in Feet From
District
Street Line
Side Lot Line
Rear Lot Line
URD -1, URD -2, M & SD, NSD, USD,
10
5
10
WDD, ADD, DDD, BPD and UID
with 50 or more spaces
I & S, T & S, G & ISD, S & PS, GC
20
4-9-5
4-9-5
& S, P & O, RR & A, RP, LDR and
HDR
ADD, WDD, URD -2. M & SD, USD,
6
5
5
NSD, BPD and DDD with less than
50 spaces
I&S,G&ISD, GC&S, BPD and S
& PS
With more than 100 spaces
-2-520
2&15
2&15
21-099 02/22/2021
Minimum Distance in Feet From
District Street Line Side Lot Line Rear Lot Line
With more than 250 spaces 3&25 2-5-20 2-5-20
With more than 500 spaces 4&35 3&25 34-25
§ 165-74 Design, construction and maintenance.
D. Parking lot design.
(7) Scale. Large surface parking lots shall be visually and functionally segmented into several smaller lots
according to the following standards:
(b) Required green space shall be provided within planted islands between rows, end islands and islands
between access drives and parking stalls. Where parking areas are located on several sides of the
building, landscaped areas should be located in portions most visible to the traveling public. No less than
50% of the interior shrubs shall be of an evergreen variety. Up to 30% of the internal internal green
space may include stormwater devices, bicycle racks, outdoor seating, benches and other pedestrian
amenities.
Section 2:
Chapter 165, Schedule B of the Code of the City of Bangor is amended as shown on the attached amended
schedule.
Planning Division
Memorandum
To: Honorable Bangor City Council
Cathy Conlow, City Manager
CC: Tanya Emery, Director of Community & Economic Development
Josh Saucier, Assistant City Solicitor
Jeff Wallace, Code Enforcement Officer
From: Anne Krieg AICP, Planning Officer
Date: March 3, 2021
Regarding: Amending Chapter 165, Land Development Code, by reducing parking
for certain uses, and, in the Shopping & Personal Service (S&PS)
District, parking setbacks and building setbacks to support outdoor
dining ability in the district.
Please accept this memorandum as the recording and explanation of the Planning Board
action on the above noted item at their requisite public hearing dated March 7, 2021.
Planning Officer Krieg read the summary from the Council Action into the record.
Additionally she noted that even though this amendment is in response to the pivoting of
business operations in response to the pandemic business, staff has been working on
parking requirements before the pandemic. Additionally, the corridor has been analyzed
over the last year and half to reduce setbacks. When issues arose with outdoor seating
for businesses, staff responded with work that was already in process.
Questions surrounding the parking requirements for drive in businesses and place of
assembly were addressed.
A unanimous motion was passed duly made by Brush and seconded by Perkins to
recommend to the City Council that the noted amendment ought to pass.
IN CITY COUNCIL
FEBRUARY 22,2021
COrd 21-099
Motion made and seconded for First Reading and Referral to Planning Board Meeting on March 2,2021
Vote: 9—0
Councilors Voting Yes: Davitt,Dubay, Fournier,Hawes,Nichols,Okafor, Schaefer, Sprague,Tremble
Councilors Voting No: None
Passed
CItY'C' LEyk
IN CITY COUNCIL
MARCH 8,2021
Cord 21-099
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
CITfCL-ERK