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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. -3- 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., -3- 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. -4 - 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 -5- 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