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HomeMy WebLinkAbout2012-11-26 13-024 ORDINANCE COUNCIL ACTION Item No. 3 024 Date: November 26, 2012 Item/Subject: ORDINANCE, Amending Chapter 165, Land Development Code, of the Code of the City of Bangor, By Allowing Vehicle and Equipment Sales and Service in the Industry and Service District (ISD) Responsible Department: Planning Commentary: This Ordinance will amend Chapter 165 of the Land Development Code to allow vehicle equipment sales and service in the Industry and Service District. Heavy vehicle, equipment, mobile homes, and machinery sales and service is currently not permitted in the City's Industry and Service zoning districts. This has created issues particularly in commercial enterprise that services heavy and commercial equipment and sales. In the past the City has approved contract zoning amendments to remedy the situation. In a recent application, a business with a grandfathered use has expressed an interest in rebuilding or expanding one of their current structures, which would not be allowed under the current zoning rules. Upon review, and given the number of previous requests, Staff recommends that vehicle, equipment, mobile home, and machinery sales and service should be considered as a permitted use in the Industry and Service District. In addition, this ordinance amendment also removes a clause dealing with accessory uses, as another accessory use clause in the same section makes the first clause unnecessary. This item will be referred to the Planning Board for consideration at its December 4, 2012. Department Head Manager's Comments: Celit m- C City Manager Associated Information: Budget Approval: Finance Director Legal Approval: ity Solicitor Introduced for Passage x First Reading X Referral to the Planning Board on Tuesday, December 4, 2012 at 7:00 p.m. 13-024 NOVEMBER 26,2012 ('/`; �_ Assigned to Councilor Sprague 1 yy . =a ` � CITY OF BANGOR �R4TED,fE r - a a ¢ (TITLE.) Ordinance, Amending Chapter 165, Land Development Code, of the Code of the City of Bangor, By Allowing Vehicle and Equipment Sales and Service in the Industry and Service District WHEREAS,vehicle, equipment, mobile home, and machinery sales and service is not currently allowed in the City's Industry and Service District; A WHEREAS, these uses are in keeping with the other uses allowed in the Industry and Service District; WHEREAS, the accessory use provision presently found at section 165-103(C)(12) of the Code is unnecessary, as section 165-103(C)(17) is sufficient to cover any needed accessory uses; NOW,THEREFORE, 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 be amended as follows: § 165-103. Industry and Service District(I &5). 04 . C. Permitted uses. The following uses are permitted in this district: (1) Manufacturing, compounding, assembling, packing, treatment, warehousing or wholesaling of goods and products. (2) Truck terminals and distribution centers. (3) Radio and television broadcast towers, provided that: (a) They do not exceed 400 feet in height, or the minimum height required under federal law, whichever is greater. (b) They are set back a minimum of 50% of the tower height from all property lines. (c) They conform to the requirements of§ 165-80.1. (4) Information processing and communications facilities. (5) Research and testing facilities of a laboratory nature. IN CITY COUNCIL November 26, 2012 First Reading and Referral to Planning Board Meeting of December 4, 2012 CITY C ,t; IN CITY COUNCIL December 10, 2012 Motion Made and Seconded for Passage Vote: 8-0 Councilors Voting Yes: Baldacci, Blanchette, Viviello, Gallant, Longo, Nealley, Sprague, Durin Councilors Voting No: None 4Pas ed ....). CITY LERR 13-024 NOVEMBER 26,2012 (6) Administrative offices of manufacturing, retail, banking, public utility, service or research corporations. (7) Service business limited to office use. (8) Retail sales which are incidental to any permitted use in Subsection C(1) through (7) above of this section. (9) Group day-care or nursery school. (10) Day-care center. (11) Building and construction contractors: contractor facilities where materials and equipment storage may require extensive outdoor storage areas. Such operations may contain office, shop, processing, warehousing and other support functions. empleyee-restaufants7 Vehicular. equipment. mobile home and machinery sales and service. (13) Public utility and public service uses. (14) Chemical dependency treatment facility, provided the property line is at least 300 feet from any residential district. (15) Registered cultivation facility. No more than one registered cultivation facility may exist in the City of Bangor. (16) Fitness center, provided that: (a) The facility is housed in an existing building. (b) The facility does not include other indoor recreation& facilities, such as bowling alleys, tennis courts, pool halls, roller rinks or video arcades, or specific facilities for spectator events or competitions. (c) The facility does not include large recreational/sports fields, such as golf courses, archery ranges, motorized sports, paintball or firearms. Smaller outdoor activities accessory to the fitness center are allowed. (17) Accessory uses on the same lot and customarily incidental to and subordinate to the above uses and any use approved under Subsection D below. Additions are underlined, deletions strut threugh. •