HomeMy WebLinkAbout2022-09-26 22-329 ORDINANCE 22-329 09/26/2022 CITY COUNCIL ACTION Council Meeting Date: September 26, 2022 Item No: 22-329 Responsible Dept: Planning Action Requested: Ordinance Map/Lot: n/a Title, Ordinance Amending Chapter 165, Land Development Code, by Adjusting the Definitions of Utility Uses and Allowing Minor Facilities to be Located in More Zones Than are Currently Allowed Summary This Ordinance will amend Chapter 165, Land Development Code, by changing the definitions of Ðauxiliary public utility structureÑ and Ðpublic utility and public service useÑ to Ðminor essential service facilityÑ and Ðmajor essential service facilityÑ, respectively, and rewording the content of these definitions. The changes made to these definitions allow them to encompass more than what is strictly defined as a public utility and to include similar uses that would otherwise be left out, such as microgrids and utility cabinets. Additionally, while under the current code, auxiliary public utility structures are currently only allowed to be located in zones where larger public utility facilities are allowed and are classified as accessory uses, the new changes allow them to be placed as the primary use on a property and to be placed in more zones, since their small size and screening requirements prevent them from presenting a nuisance to neighboring properties. These changes will facilitate the expansion of new utility uses such as fiber optic equipment and microgrids, as well as traditional uses, such as small pumping stations for the local water utility. Committee Action Committee: Planning Board Meeting Date: October 4, 2022 Action: For: Against: Staff Comments & Approvals Finance City Manager City Solicitor Director Introduced for: First Reading and Referral 22-329 09/26/2022 CITY COUNCIL ORDINANCE Date: September 26, 2022 Assigned to Councilor: Okafor ORDINANCE, Amending Chapter 165, Land Development Code, by adjusting the definitions of utility uses and allowing minor facilities to be located in more zones than are currently allowed WHEREAS, at present, auxiliary public utility structures are only allowed in zones where larger, primary public utility facilities are allowed and are only classified as accessory uses rather than a primary use on a parcel, WHEREAS, the definitions for both auxiliary and primary public utility structures are not broad enough to encompass similar uses, such as fiber optic equipment and microgrids; WHEREAS, the small size of auxiliary public utility structures as defined minimizes detrimental effects on surrounding properties, making it feasible for them to be located in more zones than larger utility facilities; 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 is amended as follows: § 165-13 Definitions AUXILIARY PUBLIC UTILITY STRUCTURE MINOR ESSENTIAL SERVICE FACILITY (1) A structure or series of structures, not to exceed 300 square feet in gross ground area or and 16 feet in height, operated by a public utility, that is associated with or supportive of the production, transmission, or distribution of electricity, water, internet, or other utilities. Examples include, but are not limited to, pumping stations, pad-mounted transformers, electronic switching equipment, and satellite dishes, utility cabinets, microgrids, or communication relay stations, excluding radio and television broadcast towers, cellular telecommunication equipment and towers, solar arrays, and wind turbines. Such utility structures are to be unoccupied except for required maintenance. (2) A structure or series of structures of any size located in the Government and Institutional Service District and operated by a public utility, that is associated with or supportive of the production, transmission, or distribution of electricity, water, internet, or other utilities. Examples include, but are not limited to, pumping stations, pad-mounted transformers, electronic switching equipment, and satellite dishes, utility cabinets, microgrids, or communication relay stations, excluding radio and television broadcast towers, cellular telecommunication equipment and towers, solar arrays, and wind turbines. Such utility structures are not to be unoccupied except for required maintenance. Additionally, and to meet this definition, structures exceeding 300 square feet in gross floor area or 16 feet in height and located in the Government and Institutional Service District must receive land development permit approval from the Planning Board. PUBLIC UTILITY AND PUBLIC SERVICE USE MAJOR ESSENTIAL SERVICE FACILITY The public Major utility facilities, including, but not limited to, water lines, sewer lines, stormwater lines and 22-329 09/26/2022 related structures; electrical power, cable/fiber, gas and other overhead and underground lines; electrical power plants, water and wastewater treatment plants, and similar facilities, excluding radio and television broadcast towers, cellular telecommunication equipment and towers, solar arrays, and wind turbines. § 165-30 Auxiliary public utility structures Notwithstanding the requirements of this chapter, auxiliary public utility structures, as defined, shall be exempted from the lot area, coverage, width, setback and frontage requirements of the zone in which they are located, provided that such structures shall be screened from a public or private street, unless such screening would negatively impact the public health, safety, or welfare, and from any residential district. § 165-80.3 Minor essential service facilities A. Statement of purpose. To provide standards for the installation of small-scale support equipment that is associated with the production, transmission, or distribution of electricity, water, internet, or other utilities. These structures are differentiated from primary utilities in that they are typically necessary for supporting utility networks, such as fiber optic cable networks or electrical grids. The purpose of these regulations is to ensure that there are no safety, security, or aesthetic issues associated with such installations. B. Development standards. The construction of minor essential service facilities shall be consistent with the following development standards. 1. The facility shall serve in whole or an area of the City of Bangor and/or immediately adjacent communities. 2. The facility must meet National Fire Protection Association and National Electrical Code standards. 3. Notwithstanding the requirements of this chapter and with the exception of propane tanks and generators in subsection 3, below, this equipment shall be exempted from the lot area, coverage, width, setback, and frontage requirements of the zone in which they are located, provided that such equipment shall be screened from view with Buffer Yard Type A, unless such screening would negatively impact public health, safety, or welfare. Fencing shall be an acceptable substitute for vegetative screening. 4. Any infrastructure using propane or natural gas, such as propane tanks or gas line connections, must be set back at least 10 feet from any property line. 5. The equipment must be configured so that any propane tanks and/or generators are placed in the portion of the lot furthest away from any public or private way. 6. Bollards must be placed blocking vehicular access to any equipment that is equal to or less than 10 feet from a public or private way 7. Any equipment located at an intersection of two or more public or private ways must meet visual clearance requirements in Section 165-62. 8. In the event that the equipment shall be erected on property not owned by equipment owner/operator, the equipment owner/operator must demonstrate the existence of an easement or a lease agreement to use the property. 9. If the parcel containing the equipment is landlocked, there shall be a recorded easement or permission granting in perpetuity access to the owner/operator of the equipment. C. Zoning compliance and Planning Board review. 1. Minor essential service facilities that do not exceed 300 square feet in gross ground area and 16 feet in height shall be allowed by right in all zones, except for the Resource Protection District 22-329 09/26/2022 and Stream Protection District, but must receive land development permit approval from the Planning Board when located in zones URD-1, URD-2, LDR, HDR, and M&SD. In all other zones, such facilities shall be subject to the requirements of §165-116.A-C and E-F and be subject to approval by the Bangor Fire Department. 2. Minor essential service facilities exceeding 300 square feet in gross ground area and/or 16 feet in height may only be located in the Government and Institutional Service District. Such structures must receive land development permit approval from the Planning Board. § 165-88 Urban Residence 1 District (URD-1). È C. Permitted uses. The following uses are permitted in this district: È (6) Minor essential service facilities, under the conditions required by § 165-80.3 (6) (7) Accessory uses on the same lot and customarily incidental and subordinate to the above uses and those approved under Subsection D below. § 165-89 Urban Residence 2 District (URD-2). È C. Permitted uses. The following uses are permitted in this district: È (5) Minor essential service facilities, under the conditions required by § 165-80.3 (5) (6) Accessory uses on the same lot and customarily incidental and subordinate to the above uses and those approved under Subsection D below. § 165-90 Multifamily and Service District (M&SD). È C. Permitted uses. The following uses are permitted in this district: È (6) Minor essential service facilities, under the conditions required by § 165-80.3 (6) (7) Accessory uses on the same lot and customarily incidental and subordinate to the above uses and those approved under Subsection D below. § 165-91 Neighborhood Service District (NSD). È C. Permitted uses. The following uses are permitted in this district: È (12) Minor essential service facilities, under the conditions required by § 165-80.3 (12) (13) Accessory uses on the same lot that are customarily incidental to and subordinate to the above uses. § 165-92 Urban Service District (USD). È C. Permitted uses. The following uses are permitted in this district: È (16) Minor essential service facilities, under the conditions required by § 165-80.3 D. Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district: (7) Public utility and public service uses Major essential service facilities, provided that: 22-329 09/26/2022 È § 165-93 Downtown Development District (DDD). È C. Permitted uses. The following uses are permitted in this district: È (19) Minor essential service facilities, under the conditions required by § 165-80.3 (19) (20) Accessory uses on the same lot and customarily incidental and subordinate to the above uses and those approved under Subsection D below. D. Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district: (4) Public utility and public service uses Major essential service facilities, provided that: È § 165-94 Waterfront Development District (WDD). È C. Permitted uses. The following uses are permitted in this district: È (10) Minor essential service facilities, under the conditions required by § 165-80.3 (10) (11) Accessory uses on the same lot and customarily incidental and subordinate to the above uses and those permitted as conditional uses under Subsection D below. § 165-94.1 Bass Park District. È C. Permitted uses. The following uses are permitted in this district: È (12) Minor essential service facilities, under the conditions required by § 165-80.3 (12) (13) Public utility and public service uses Major essential service facilities (13) (14) Accessory uses on the same lot and customarily incidental and subordinate to the above uses. § 165-95 Airport Development District (ADD). È C. Permitted uses. The following uses are permitted in this district: È (6) Minor essential service facilities, under the conditions required by § 165-80.3 (6) (7) Public utility and public service uses Major essential service facilities È § 165-96 Urban Industry District (UID). È C. Permitted uses. The following uses are permitted in this district: È (3) Minor essential service facilities, under the conditions required by § 165-80.3 (3) (4) Public utility and public service uses Major essential service facilities È § 165-97 Government and Institutional Service District (G&ISD). È C. Permitted uses. The following uses are permitted in this district: È 22-329 09/26/2022 (12) Minor essential service facilities, under the conditions required by § 165-80.3 (12) (13) Accessory uses on the same lot and customarily incidental and subordinate to the above uses and to a use approved under Subsection D below. D. Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district: (2) Public utility and public service uses Major essential service facilities, provided that: È § 165-99 Low-Density Residential District (LDR). È C. Permitted uses. The following uses are permitted in this district: È (7) Minor essential service facilities, under the conditions required by § 165-80.3 (7) (8) Accessory uses on the same lot and customarily incidental and subordinate to the above uses and any use approved under Subsection D below. § 165-100 High-Density Residential District (HDR). È C. Permitted uses. The following uses are permitted in this district: È (7) Minor essential service facilities, under the conditions required by § 165-80.3 (7) (8) Accessory uses on the same lot and customarily incidental and subordinate to the above uses and any use approved under Subsection D below. D. Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district: (6) Public service and public utility uses Major essential service facilities, provided that: È § 165-101 Shopping and Personal Service District (S&PS). È C. Permitted uses. The following uses are permitted in this district: È (17) Minor essential service facilities, under the conditions required by § 165-80.3 (17) (18) Accessory uses on the same lot and customarily incidental and subordinate to the above uses and any use approved under Subsection D below. D. Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district: (10) Public utility and public service uses Major essential service facilities, provided that: È § 165-102 General Commercial and Service District (GC&S). È C. Permitted uses. The following uses are permitted in this district: È (12) Minor essential service facilities, under the conditions required by § 165-80.3 (12) (13) Accessory uses on the same lot and customarily incidental and subordinate to the above uses and any use approved under Subsection D below. 22-329 09/26/2022 D. Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district: (9) Public utility and public service uses Major essential service facilities, provided that: È § 165-103 Industry and Service District (I&S). È C. Permitted uses. The following uses are permitted in this district: È (13) Minor essential service facilities, under the conditions required by § 165-80.3 (13) (14) Public utility and public service uses Major essential service facilities È § 165-103.1 Technology and Service District. È C. Permitted uses. The following uses are permitted in this district: È (7) Minor essential service facilities, under the conditions required by § 165-80.3 (7) (8) Uses accessory and incidental to the above uses. È § 165-105 Rural Residence and Agricultural District (RR&A). È C. Permitted uses. The following uses are permitted in this district: È (7) Minor essential service facilities, under the conditions required by § 165-80.3 (7) (8) Public utility and public service uses Major essential service facilities È § 165-107 Parks and Open Space District (P&O). È C. Permitted uses. The following uses are permitted in this district: È (8) Minor essential service facilities, under the conditions required by § 165-80.3 (10) (9) Public utility and public service uses Major essential service facilities (9) (10) Swimming pools, tennis courts, skating areas, and other active recreational facilities, provided that: È (8) (11) Accessory uses on the same lot and customarily incidental and subordinate to the above uses and uses approved under Subsection D below. § 165-111 Site developments requiring permit A. Any activity covered under this chapter shall require a land development permit under the following conditions: (11) Major Essential Service Facilities (12) Public Auxiliary Utility Structures Minor Essential Service Facilities in excess of 300 square feet in gross ground area and/or greater than 16 feet in height in the Government and Institutional Service District (13) Minor Essential Service Facilities located in URD-1, URD-2, LDR, HDR, and M&SD (11) (14) Any accessory use for a primary use requiring a land development permit, unless such 22-329 09/26/2022 accessory use building contains less than 101 square feet of gross floor area Memorandum To: Honorable Bangor City Council Deb Laurie, City Manager From: Anne M Krieg AICP, Planning Officer Date: October 4, 2022 CC: Courtney O’Donnell, Assistant City Manager Tanya Emery, Director of Community and Economic Development David Szewczyk, City Solicitor Re: Planning Board Recommendation October 4, 2022 Amending Chapter 165, Land Development Code, by adjusting the definitions of utility uses and allowing minor facilities to be located in more zones than are currently allowed. These changes will facilitate the expansion of new utility uses such as fiber optic equipment and microgrids and traditional uses, such as small pumping stations for the local water utility. Please accept this memorandum as the recommendation from the Planning Board for the noted item. The Planning Board considered this item in a posted public hearing on October 4, 2022. The meeting was conducted in the Council Chambers at City Hall and on Zoom. Members in attendance in the Chambers were the Chair, Ken Huhn, and Members Don Meagher, Ted Brush, Reese Perkins, Mike Bazinet, and John Kenney (voting.) This was a staff-led Code change request. Planning Analyst Anja Collette, presented the proposed changes. From the staff memo: A. This amendment to Chapter 165 of the Land Development Code proposes to change the definitions of “auxiliary public utility structure” and “public utility and public service use” to “minor essential service facility” and “major essential service facility”, respectively, and reword the content of these definitions. The changes made to these definitions allow them to encompass more than what is strictly defined as a public utility and to include similar uses that would otherwise be left out, such as microgrids and utility cabinets. 73 HARLOW STREET, BANGOR, ME 04401 TELEPHONE: (207) 992-4280 FAX: (207) 945-4447 WWW.BANGORMAINE.GOV CITY OF BANGOR PLANNING DIVISION PLANNING BOARD RECOMMENDATION TO CITY COUNCIL Utility structures B. Additionally, while under the current code, auxiliary public utility structures are currently only allowed to be located in zones where larger public utility facilities are allowed and are classified as accessory uses, the new changes allow them to be placed as the primary use on a property and to be placed in more zones since their small size and screening requirements prevent them from presenting a nuisance to neighboring properties. These changes will facilitate the expansion of new utility uses such as fiber optic equipment and microgrids and traditional uses, such as small pumping stations for the local water utility. C. The proposed changes still maintain the differentiation for minor essential service facilities located in G&ISD, where they are allowed to be larger than 300 square feet and 16 feet in height but are required to obtain a Land Development Permit. Additionally, any minor facilities located in residential zones such as URD-1 would also require a Land Development Permit. In zones other than G&ISD and the residential zones, these facilities would not require this as long as they are under 300 square feet in the gross ground area and 16 feet in height. D. This proposed amendment was initiated by staff in response to questions from the fiber optic and microgrid companies. There were no questions from the public. The Board had no questions. Member Perkins made a motion to recommend to the City Council that the noted text amendment ought to pass. Member Meagher seconded the motion. The motion passed 6:0. amk Page 2 | 2 IN CITY COUNCIL SEPTEMBER 26, 2022 COrd 22-329 First Reading and Referral to Planning Board Meeting of October 4, 2022 CITY CLERK IN CITY COUNCIL OCTOBER 12, 2022 COrd 22-329 Motion made and seconded for Passage Vote: 6 – 0 Councilors Voting Yes: Okafor, Schaefer, Sprague, Tremble, Yacoubagha, Fournier Councilors Voting No: None Passed CITY CLERK