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HomeMy WebLinkAbout1975-05-12 192 AC ORDINANCE192 AC Introduced by Councilor SprRequest)2, 1975 By CITY OF BANGOR (TITLE.) (Drbirtan Ef Agepging_Ghaptsr-Ull.._nrticle..22....apacial. Exception._... Beit ordained Ey the Oity Gamed of Ne Cit of.&OmW, as f Nem.: THAT the Zoning ordinance of the City of Peeper as amended, be further amended as follows: THAT Article 22 be deleted in its entirety and replaced by the following: Article 22, Special Exception. - Section 1. Special Exceptions. The Planning Hoard is hereby authorized to grant special exceptions hereinbefore set forth in this Ordinance, in specific cases after Public notice and hearing, subject to appropriate conditions and safeguards. No special exceptions shall be granted unless the specific Provisions therefor are made in this Ordinance. All special,, exceptions shall be subject to site plan approval as provided in Article 21. Section 2. Standards for Special Exception. Before the Planning Hoard shall grant a special. exception, it shell have determined: A. Met the requirements of the zone in which the property in question is located have been complied with. H. That the Proposed use, although not generally appropriate in the zone for which it is sought, is appropriate for the location far which it is sought because of the peculiar physical character- istics of that location. C. That the proposed use will conform to the general character of the neighborhood to which the use will apply. D. That the public health, safety end general welfare of the eighborbsed to which the use will apply will be secure by the granting of each special exception. E. Met the proposed use will not have an mainly adverse effect upon the property values of adjacent properties. F. That the proposed vse will not place an undue burden on municipal services. RECEIVED 1915 my -8 ffI 3i 46 CITY CLERKS OFFICE CITY OF pANfft.NAHE w� 192 AC IN CITY Comsxi May 12, 1975 ORDINANCE 1. Received lot and Ina readings, deferred to Planning Board. ( TITLE.) Amending Chanter VIII, Article 22,j Consider next meeting. Special Exception. CITY CL - IN CITY COUNCIL May 28, 19755 In W end /tw by Consider next, meeting. cxxx CiIpp- tmm IN CITY COUNCIL ThIs L✓HVYYCU is carrot In G RH8H1 .lune 9, 1975 Consider next meeting. IN CITY COUNCIL ,lune 23, 1975 " Amended by substitution a..I_Yaeaee. engrosses V mmittee is received 3rd reading ard eyed Ordinances. final passage by the following yes add no vote. Councilors voting yes: Baldacci, Balled, Biguey, Brountas, Gass, Henderson, Soucy and Lpeirs. Councilor MCOney Froment. axx c� �4 k RECEIVED 1915 my -8 ffI 3i 46 CITY CLERKS OFFICE CITY OF pANfft.NAHE Article 22, Special Exception. Page 2 _ ` 0 G. Mat the Proposed use will not create unreasonable traffic congestion an contiguous or adjacent streets. H. That the proper operation of the special exception will be insured by providing and maintaining; adequate and appropriate utilities, drainage, access, parking and loading and other necessary site improvements. Section 3. Procedure. A. An application for special exception shall be filed with the Code Enforcement Officer who shall examip the application Our technical compliancewith the term the ordinance. If it complies, he shall refer said application to the Planning Director who shell place the application on the agenda of the Planning Board at its next regularly scheduled meeting. B. The Planning Board shall review the application on its receipt from the Planning Director and shall thereafter set the appli- cation for public hearing and give notice thereon to the City Council, Board of Appeals and all abutting properties and/or owners of property within one hundred feet of the exterior boundaries of the property involved at least ten days in advance of the time and place of the hearing and so Publish notice of the hearing at least ten days in advance in aewspaper of general circulation in the City of Bangor. Meow sof the property shall be considered to be those against whom taxes rsm aed.n April 1 prior to the application. Failure of any person owning property within one hundred feet of said property to receive notice of Public hearing Stull not necessi- tate another hearing nor invalidate any action by the Planning Soars. C. At the hearing, a party may be represented by an agent or attorney. The hearing shall net be continued to anothertima except for good cause, and when requested by the applicant, all advertising coats shall be borne by the applicant. D. Within 20 days after the public hearing, the Planning Board shall reach a decision by a majority vete on the requested special exception and shall inform in waiting the applicant, Code Enforcement Officer and the City Council of the decision. E. Open notification of the decision of the Planning Board, the Code Enforcement Officer as instructed shall immediately issue with any conditions prescribed by the Board or deny a building permit or occupancy permit. 2d^" Article 22, Special Exception. Page 3 F. Special exception approval secured order the provisions of this Ordinance shell expire if the work or change involved is not excneed within one (1) year of the date on which said special eption approval is granted, and if the work or change is not substantially completed within two (2) years of the date on which said special exception approval is granted. POHpOSE: The purpose of this revision basically is to technically separate the site plan and special exception procedure as well as define standards for special exception. AMENDED COPY 192 AC Introduced by Councilor Speirs, May 12, 1975 : (By Request) :d CITY OF BANGOR � (TITLE.) V111Uy tuanrep Amenairy.l'Uapter vzxl, .xF.k1 1 zz, spec .e1 Exceptlon... Be it ordairwd by W City Camden of W Me of Bandar, as fdl . THAT the Zoning Ordinance Of the City Of Bangor as amended, be further amended s follows I1. Article 22, Section 1 be deleted in its entirety and replaced with the following. Article 22, sec. 1 special Exceptions. Me Planning Board is hereby authorised to grant special exceptions hereinbefore set forth in this Chapter, in specific cases after public notice and hearing, subject to appropriate conditions and safeguards. No special exceptions shall be granted unless the specific provisions therefor are made in this Ordinance. All special exceptions shall be subject to site plan approval as provided for in Section 4 of this Article. Section 2. Standards for Special reception$. Before the Planning Board shall grant a special exception, it shall have determined: A. net the requirements of the r in which the property in question is located have been complied with.e B. That the proposed use, although not generally appropriate in the z for which it i ought, i appropriate for the location for which ie t is sought because of the peculiar physical characteristics of that location. C. That the proposed Use will conform to the general character of the neighborhood in which the use would be located. O. That there would be no significant adverse effect r sulting from such use upon the public health, safety and general welfare of the neighbor- hood in which the use would be located. F. That the proposed use will not ,have an unduly adverse effect upon the property values of adjacent properties. F. That the proposed use will not place an undue burden on municipal G. That the proposed use will not create unreasonable traffic congestion on contiguous or adjacent streets. Nay 12, 1975 -2^ 192 H. That the proper operation of the special exception will be insured by providing add maintaining adequate and appropriate utilities, drainage, access, parking add loading and Other necessary site improvements Section 3. procedure. A. An application for special exception shall befiled with the Code Enforcement Officer who shall examine the application for technical compliance with the terms of theOrdinance. if it Complies, he shall refer such application to the Planning Director who shall place the application on the agenda of the Planning Board at its next regularly scheduled meeting. B. wonzeipt of the application from the Planning Director the Planning Ecazdshall review the application, shall set a date for public hearing, and shall give notice thereof to the City Conned, Board of Appeals and all abutting properties and/or Owners of property within o e hundred feet of the exterior boundaries of the property involved at least ten days inadvance of the time and place of the hearing and so publish notice of the hearing at least ten Snug in advance in newspaper of gen- eral circulation in the City of Bangor The of the property shall be considered to be those against whom taxes w sed on April 1 prior to the application. Failure of any per Owning property within e hundred feet of said property to receive notice of public bearing shall not neressit.ate another hearing nor invalidate any action by the Planning board. C. At the hearing, any person may be represented by an attorney orother representative. The hearing shall not be continued to another ties except for goad cause, and if s requested by the applicant, all advertising cents shall be borne by the applicant. D. Within 20 days after the public hearing, the Planning Beard shall by a majority vote deny, approve, conditionally approve, or approve with modifications the requested special exception arN shall inform, in citing, the applicant, Code Enforcement Officer and the City Council of its decision. Section 6. Site Plan Approval. No special deception shall be finally approved by the Planning Board unless add until anapplication and a plan therefore has been submitted to and approved by the Planning Board in accordance with Article 21, Section 10 of this Chapter. The applicant for a special exception may submit anapplication and site plan with, or subsequent to the application for Special exception. The Planning Board may approve a special exception upon the condition that the applicant receive site plan approval. Upon failure to obtain site plan approval within sixty (60) days of conditional approval of a special exception, such conditional approval shall expire and the special axception be deemed to be denied, provided however that a majority of the Planning Board may vote, far good Cause shown, to exteml the conditional approval to a definite date by which the applicant moat receive site pian approval. Section 5. Notification of Code Enforcement officer. Upon notification : May 12. 1975 -} 192 AC of the final decision of the planning Board the Cade Enforcement Officer shall immediately issue for deny a building permit or Occupancy permit in accordance with the decision of the Planning Hoard. Section 6, aspiration of Final Approval. Special exception approval secured under the provisions of this Ordinance shall expire if the use, work or change approved is not commented within one (1) year of the date o which such special exception is finally approved, or if the work or change proposed is not substantially completed within two (2) years of the date on which such special exception is finally approved. 4 II. Article 22, Section 1 be deleted in its entirety and replaced with the following: Article 22, Sec. 1 Special Receptions. The Planning Board is hereby authorized W grant special exceptions hereinbefore set forth in thin Chapter, in specific oases after public notice and hearing, subject W appropriate conditions and safeguards. Nn special exceptions Shell be granted unless the specific provisions therefor are made in this Ordinance. All Special exceptions shall be subject to site plan approval as provided for in Section 4 of this Article. Section 2. Standards for Spaniel Ekcentiow. Before the planning Board shall grant a special exception. it shall have determined: A. That the requirements of the mass in which the property in question is located have been complied with. B. Met the proposed use, although hot generally appropriate in the Some for which it is sought, is appropriate for the location for which it is sought because of the peculiar physical characteristics of that location. C. Met the proposed use will conform W the general character of the neighborhood in which the use would be located. D. Met there would be no significant adverse effect resulting from much use upon the public health. Safety and general welfare of the neighborhood in which the use would be located. E. Met the proposed one will cut have an unduly adverse effect upon the property values of adjacent properties. F. That the proposed use will rot place an undue burden on municipal services. G. Met the proposed we will rot create urawasonable traffic congestion on contiguous or adjacent streets. B. That the proper operation of the special exception will be cured by providing and maintaining adequate and appropriate utilities, drainage, access, parking and loading and ether necessary Site improvements. Section 3. procedure. A. An application for special exception shell be filed with the Code Enforcement officer who spall examine the application for technical compliance with the terms of the ordinance. If it complies, he shell refer such application W the Planning Director who shall piece the application on the agenda of the Planning Board at its next regularly scheduled meeting. B. Upon receipt of the application Iran the Planning Director the Placating Board shall review the application, shell set a date for public hearing, and shall give notice thereof to the City Council, Board of Appeals wd all abutting properties and/or owners of Property within one hundred feet of the exterior bnowaries of the property involved at least ten days in advance of the time and place of the hearing and so publish settees of the hearing at least ten days in advance in a newspaper of general circulation n the City of Bangor. The owners of the property shall be considered to be Name against whom taxes were assessed an April 1 prior to the application. Failure of any person owning property within one hundred feet of amid property to receive action of public hearing shall set necessitate owner hearing barinvalidate any action by the Planning Board. C. At the hearing, any, person may be represented by an attorney or other representative. The hearing shall wt be continued to sooner time except for goad cause, and if so requested by the applicant, All advertising costs shall be Dome by the applicant. D. Within 20 days after the public hearing, the Planning Centel shall by a majority vote deny, approve, conditionally approve, or approve with modifications the requested special exception and shall inform, in writing, the applicant. Code gnforcement Officer and the City Conrail Of its decision. Section 4. Site Plan Approval. No special exception shall be finally approved by the Flaming Board unless and until an application and site Plan therefore has been submitted to and approved by the Planning Board in accordance win Article 21, Section 10 of this Chapter. The applicant fora special exception may submit an application and site plan win, or subsequent to the application for special exception. The Planning fenced may approve a special exception upon no condition net the applicant receive site plan approval. Upon failure to obtain site plan approval within sixty (60) Saye of conditional approval Of a special exception, such conditional approval shall expire and the special exception be deemed to be denied, provided however that a majority of the Flaming Board may vote, for good cause mhawn, to extend the conditional approval to a definite date by which the applicant must receive site plan approval. Section 5• Notification of Code Enforcement Officer. Upon notification of the final decision of the Planning Board the Code Enforcement Officer aball immediately items or deny a building permit or occupancy permit in accordance win the decision of the Planning Board. Section 6. Expiration of Final Awraval. Special "caption approval secured under the provisions of this ordiaame shall expire if the we, work or change approved is rat coomenced within one (1) year Of the date on which Such special exception is finally approved, or if the work r change proposed is rat substantially completed within two (2) years of the date on which much special exception is finally approved. Bangor, the emter of Maine—oke Gateway to Maine Nodh Woods and Seashore shown Oil of Palsmo ALmim NNINa DEPARTMENT ruSoon 4, 1975 40: Honorable City Council FROM: Planning Board m: Council Orders 19922, 194, and 195• Gentlemen: Please be advised that the Planning POned is in the protean of consideration of these items. Council Orders 192 and 194 were tabled to review modifieatione Presented by the Legal Department. Council Order 195 sea tabled by the Honed pending review of the Hamock-York Development Plan, in whish this area Palle, to consider the relationship this proposal would have with the overall Plan. ZLL Carl J. jgotd Planning Director CJM:no d.,: Bappr, for atlM of Maine—the Ge,ewoy w Mainei Nonb Weedy and Sembore Raeru CARL J. K080MUD of cPamtBO1, AM= June 18, 1995 10: Honorable City Council PEOM: Planning Hoard RE: Amending Zoning Ordinance, Special Exception Council Order 192 AC Gentlemen: Planes be advised that the Planning Hoard held a public hearing on the above change on Posy 19, 1975• The Planning Based, after Careful consideration and review, hes recommended that Council Order 192 AC be amended and replaced by the institution of the attached redraft in its entirety, and then approved the change in the ordinance for Special Exception as emended. - ( aJ C Aawbud Planning Director CM:af Enclosure