HomeMy WebLinkAbout1966-10-10 223-T ORDER223-T
Introduced by Councilor Minsky, Oct. 10, 1966
�u CITY OF BANGOR
(TITLE.) Mdrimma, Amending, z. ng ordnance. Article 14, Artinle 12.
B04ordait byN City CwnoilafWCiryofBampor,asfol .- That the zoning ordinance
of the City of Bangor as established on January ], 1954, an amended be hereby
amended as follows:
I. Amend Article 14, Section J, to read as follows:
"Section 3. CERTIFICATE RRQNIRENEWS. Application for all per-
mits or certificates of occupancy 3411 be made to the Inspector of Buildings
and shall give sufficient information for him to determine that the buildings
and/or use of promisee will conform in all respects to the provisions of this
ordinance. On filing of the application for a permit, the Inspector of Build-
ings shall, except as hereinafter provided, forthwith, at the expense of the
applicant, publish an extract of the application at least once in the daily
newspapers published in the City of Bangor and transmit a copy of the appll-
catiw to the Planning Board. At the expiration of fifteen days from the pu-
blication of said extract, the Inspector of Buildings shall determine whether
or not a permit shall be granted or denied. In making this determination, the
Inspector of Buildings shall give due consideration to the report, if any, of
the Planning Board. If requested by both the applicant and the Planning Board,
the Inspector of Buildings shell delay his determination for a period to be
mutually agreed upon. At the end of said fifteen day period, or such longer
period es was mutually agreedupon, he 3411 record his determination together
with the date on the application And, in all cases where the permit is granted
shall, at the expiration of five days from said date, of determination, issues
said permit to the applicant unless an appeal from his decision ban been taken.
II. Amend Article 14, Section 4, to read as follows:
"Section 4, PERMITS, APPLICATIONS, AND REQUIREMENTS.
RECEIVED
1966 LCT -5 AM 11: 25
CITY CLERK'S OFFICE
MA'fiF
IN CITY COUNCIL
Oct, le, 1966
Referred to Planning Board,
tabled.
CTfY CLERK
IN CITY COUNCIL
Oct. 24, 1966
Remain on table.
C LERK
IN CITY COUNCIL
Nov. 14, 1966
Taken from table, retabled.
ERK
223-T
ORDINANCE
�TmE Amending Zoning Ordinance - Article
lntr oc i and /i ted by
efl
MIs m unance is r 'tty engrossab
UeSHUee OR
AViossef Ordinances.
IN CITY COUNCIL
Nov. 28, 1966
Taken from table, indefinitely postponed.
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A. as the filing of an application for a permit for any of the
following purposes:
(1) The construction of a one -family dwelling in a Residence or
Agricultural Zone;
(2) The construction of a private garage not to exceed three -car
capacity in a Residence or Agricultural Zone;
(3) Any, alteration of a building or premises which does not
involve any of the following:
(a) a building or premises of von conforming use;
(b)non-residential building or use in Agricultural,
Residence A, Residence B, or Residence C Zones;
(c) any alteration which would result in an increase
of more than 3,000 sq. ft. of gross floor area for
any business, commercial, or industrial building;
(4) The construction of a fence.
the Inspector of Buildings shalt issue such permit without delay upon de-
termination that the building and use of premises will conform in all res-
pects to the provisions of this pediments."
B. on the filing of an application for a permit for any of the
following purposes:
(1) The construction of a two-family to a Residence or Agricul-
tural Zone.
(2) The construction of less than three, one or two-family re-
sidential buildings by an individual developer in a twelve
month "tied.
(3) The construction of any building containing less than 3,000
sq. ft, in gross floor area in A Business or industrial Zane,
except gasoline service station or car wash, or drive-in
type establishments.
(4) The establishment of a use of land without a building in a
Business or Industrial Zone covering lees than 10,000 sq. ft.
the Inspector of Buildings shall, at the expense of the applicant, publish
an extract of the application at least once in the daily newspapers pu-
blished in the City of Bangor. At the expiration of five days ft= date
of publication of said extract, the Inspector of Buildings shall proceed
in the manner provided in Section 3 of this Article.,
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C. Da the filing of an application for a permit for any use other
than as stated, 1n A or B above, the Inspector of Buildings should proceed
in the manner provided in Section 3 of this Article.
III. Amend Article 14, Section 5 to read:
"Section 5, APPLICATION FOR PHNAITS - BOARD OF APPEALS ACTION
Applications for permits or certificates of occupancy requiring a de-
termination by the Board or Appeals under the Ordinance may be referred by
the Inspector of Buildings, without previous determination on his part,
directly to the Board of Appeals for bearing which shall be advertised at
the expense of the applicant. whatever the inspector of Buildings refers
such a matter to the Board of Appeals, he shall, at the same time, transmit
a copy of the application to the Planning Board."
IV. Add a new Section 6 to Article 14 as follows:
'Section 6, SITE PLAN REVIEW BY PLANNING BOARD. The Planning
Board may make a report to the Inspector of Buildings or to the Board of
Appeals on any application referred to it as prescribed in this Article,
so as to reach the Inspector of Buildings within fifteen days, or the Board
of Appeals within ten days, of the original date of advertising of the ap-
plication. Failure to make a report within the stated time, unless both
the Planning Board and the applicant agree to an extension, shell be con-
sidered a favorable report. Before making a report, the Planning Board may,
and if requested by the applicant, abed, meet with the applicant and any
persona who may be of assistance. The meeting of the Planning Board shall
be public.
The report of the Planning Board shall concern itself with the pro-
posed plan of development of the property as shown in the application and
the impact of the proposed site development on the neighborhood and the
City of Bangor as a whole. The Planning Board may, in its report, recon
mend approval of the application, approval of the application subject to
modifications of the site plan, or disapproval of the application.
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The report shall be in writing. In making its recommendations, the Board
aha L1 consider, among ether factors, the followings conformance of the site
development to the comprehensive plan of Bangor and its objectives, and to
the letter and intent of this ordinances relationship of the access drives,
packing areas, and off-street loading areas to the existing and proposed
street system; effect of vehicular entrances and exits on pedestrian and
vehicular safety; effect of the siting of buildings, parking areae, signs,
and landscaping and screening on nearby properties; effect of lighting and
possible glare on nearby properties and on traffic safety; and effect of
the site development on municipal operations such as regulation of traffic,
and provision of drainage. In making its report, the planning Board shall
recommend in particular such changes In the site development plan as will
tend to enhance the economic stability of the City of Bangor, improve
traffic circulation and safety, stabilize property values in the neighborhood,
and preserve or increase neighborhood amenity."
V. Renumber present Section 6, Article 14, to be Section p, Article 14.
1. Add in Article 12, Section 12, OFF-STREET FARRING, a new sub-
section:
"(B) Retail sales or service establisimeno: one parking apace
for each 200 square feet of floor area devoted to sales or customer service."
2. Reword Article 12, Section 13 to reed:
"Section 13, OFF-STREET LOADING. In a local Business Zone, a
General Business Zone, or Standard Industry Zone, any building or premises
acted, altered, 'or used for commercial purposes shell be designed in
such a any as to provide for off-street loading and unloading of motor ve-
htcles."
3. Add a new Section 14, to Article L2 as follows:
"Section 14, ACCESS To STREET. No permit i r any structure o
sea commercial use may be issued unless the lot on which the structure is
proposed to be placed or the use to be conducted has access either to a
public street, or to a private way or easement. If access is Onto a private
way o easement, such way o easement mut be improved for its entire Length
at least tothestandards prescribed in the Subdivision Regulations (Ch. XII
of the Laws Rod Ordinances of the City of Bangor) for Residential I streets
for residential buildings and Through I streets for all other structures. A
Lot shall be considered to Mae access on a Street 07 way if 1t hoe
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xc Lusive right-of-way to at least 30 feet frontage on said street or
way
and if no part of the lot between the way and the proposed structureis
less than 30 feet wide. The Board of Appeals may waive this requirement
for one -end -two family dwellings (See Article 12, Section I.
Add to Article 12, Section L, a new subsection:
^(9) A one -family dwelling (or if otherwise permitted in the zone,
a two-family dwelling) on a lot with access to a screet which is less than
required in Section 14."
Bangor, the renter of Maine ---the Gateway in Mand'i North Woods and Seashore Roorn
(94 of Pm'9°r, A&W
PLANNING DEPAR791IN7
October 5, 1966
TO: City council
FROM: Planning Department
RE; Santng ordinance amendment
Gentlemen:
The Planning Department is submitting a series of Zootng Ordinance
amendments which we feel warrant consideration at this time, rather than
waiting till the new Ordimnce that will be a part of the "701".
The amendments relating to Site Plan Review, we feel are
necessary
r
to give better correlation and unity to large developments. Probe the
planning point of view it gives the City a chance to point out improvements
in building and site facilities that relate to our general civic needs and
problems. In many cases these items a over -looked by the developer, and
an addition o alight modification would improve the project as it relates
to the a civic improvements and economy, safety, etc., while not effec-
ting the developer's cost.
It is an attempt on the part of the City to better relate and guide the
development, to meet the needs of the City and the area Into which it la
going , a well as harmonizing to the extent possible with neighbors, whether
Industrial, Commercial or Residential. Site Plan Review under or new "JOIN
Ordinance could be a step toward fitting the use to the site, andto ation,
and could eliminate many across the board restrictions for a zone.
This Site Plan approval has been discussed with the Planning Board at
considerable length during the past months and has their tentative approval,
considering that as an Ordinance change it will require a public hearing
before the Board.
In addition there are several changes that add requirements for retail
developments and street access.
Y /IP
-rl°J�Kosobud
Planning Director
CJR:jb
Brief Explanation of Some of the Proposed Amendments
I. This changes the waiting time from application to issuance of build-
ing permits from five to fifteen days to afford the Planning Board
reasonable time for review. It also requires the Building Inspector
to "consider' any recommendations of the Planning Board. Other mm-
terlal is left emctly as in the present ordinance.
II. A. The only Portion that has base changed here Is subaectioa so as
M give the Planning Board an Opportunity to review applications
for permits for non -conforming usest
-residential buildings in
Residence and Agricultural zones, or for permits for additions to
business, industrial or commercial buildings in Business and Ind-
ustrial Zones. Otherwise such permits would continue to be issued
without any waiting period.
EI. B. This section continues the present procedure for obtaining build-
ings permits in those cases where site plan approval will not be
required. As far as possible, the original wording has been re-
tained.
III. The provision that the Building Inspector shall transmit a copy of
the application to the Planning Board fan now; this x111 give the
Board Or staff an opportunity to comment oa Vices cases Officially.
IV._ This section gives the Planning Board advisory powers only. The list
of factors to be considered could be expanded, contracted, or changed
if desired.
1. This would require what is usually considered a minimum of
Off-street parking. In the center, or wherever else it is
Impossible to provide parking, the requirement con Ld be waived
or reduced by the Board of Appeals allowing an additional op•
portunity for site plan review in those cases. This non-cont-
fwusitY would not produce a greater inconvenience Man is new
imposed by the requirement of Parking for office buildings
(Article 12, Section 12, (5)).
2. Recommended to correct a mistake in wording.
J. This section specifics the minimum street frontage for any
building lot and that the street must be improved. Exceptions
e possible for m and two - family houses. The purpose
is to prevent the development of many industrial or
commercial
parcels all depending m can
ecce.. fur e ,sufficient street or
Bangor, the venter of Moine-ebe Gatewoy to Maindr North Woo& dad Sean are Roo•>,
Civ of Pang", Raim
PLANNING DEPARTMENT
TO: The City Council
FROM: The Planning Board
BB: Zoning Ordinance Changes
November 14, 1966
Council Order 223-T
Gentlemen:
Please be advised the Planning Board held a Public Hearing on the
above Ordinance changes on November Pe.
Me Planning Board gave very careful consideration to the proposed
changes. The Board has aver the past months worked with the staff to arrive
at a site plan review procedure.
The Planning Board voted to approve the Ordinance changes, recommending
that for clarity the changes could be split into two separate Ordinances, one
for plan review and one for the general change.
Sincerely yours,
(g&J
Planning Director
Cm:7b
Ba sgnq the renin of Maine ---the Gateway to Maines North Wood, and Seashore Nerve
(94 of Palsor, lame
TO: The City Council
FRON: The Planning Board
RR: Zoning Ordinance Changes
November 14, 1966
Council Order 223-T
Please be advised the Planning Board held a Public Hearing on the
above Ordinance changes an November )a.
The Planning Board gave very careful consideration to the proposed
changes. The Board has over the past months worked with the staff to arrive
at a site plan review procedure.
The Planning Board voted to A4;Ze the Ordinance changes, recommending
that for clarity the changes could be split into two separate Ordinances, we
for plan review and one for the general change.
Sincerely your¢,
Carl J.Rire
Planninin D
Planning Director
CA:jb 01 / P