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
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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
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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
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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:
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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
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(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.
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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
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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
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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