HomeMy WebLinkAbout2022-10-12 22-351 ORDINANCE22-351 10/12/2022
CITY COUNCIL ACTION
Council Meeting Date: October 12, 2022
Item No: 22-351
Responsible Dept: Legal
Action Requested: Ordinance Map/Lot: N/A
Title, Ordinance
Amending Chapter 165, Article IV Home Occupation or Profession, by Adding an Exemption for Citizens Who
Obtain a Food Sovereignty License
Summary
Presently, under Chapter 165, Article IV, citizens of Bangor cannot conduct over-the-counter or customer
pickup sales on their premises. In order for citizens to conduct direct producer -to -consumer transactions, as
allowed under the Food Sovereignty ordinance, an exemption must be added to the Home Occupation or
Profession ordinance to exempt those who obtain a Food Sovereignty license.
Committee Action
Committee: Planning Board
Action:
Staff Comments & Approvals
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City Manager
Introduced for: First Reading and Referral
Meeting Date: October 18, 2022
For:
City Solicitor
Against:
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Finance Director
22-351 10/12/2022
CITY COUNCIL ORDINANCE
Date: October 12, 2022
Assigned to Councilor: Hawes
ORDINANCE, Amending Chapter 165, Article IV Home Occupation or Profession, by adding an exemption to
the ordinance for citizens who obtain a Food Sovereignty license.
WHEREAS, the Home Occupation or Profession ordinance prevents citizens from conducting over-the-counter
or customer pickup sales on their premises; and
WHEREAS, it is in conflict with the Food Sovereignty ordinance which allows citizens to conduct direct
producer -to -consumer transactions on their premises once they have received a Food Sovereignty license;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT
Chapter 165, Article IV, of the Code of the City of Bangor is amended as follows:
§ 165-22 Permitted use; conditions
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A. Said use shall only be permitted in residential structures and buildings accessory to residential
structures. shall be secondary and subordinate to the primary use of the residential structure
as a residence; and the total area used for the home occupation or profession, including areas
used in accessory structures, shall not exceed 25% of the floor area of the residential dwellinit
unit.
B. Said use shall be conducted wholly within the dwelling structure and any accessory building or
buildings.
C. Only members of the family permanently residing on the premises shall be employed in such
occupation • profession.
D. No stock -in -trade may be kept on the premises other than that which is directly required or
produced by the occupation or profession.
• •
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There shall be no outdoor display or storage, offensive noise, vibration, smoke, dust, odor,
glare and other indication of such occupation or profession and no variation from the
22-351 10/12/2022
residential character of the dwelling, other than a nameplate as permitted under Chapter 260,
Signs, of the Code of the City of Bangor.
G. Notwithstanding the requirements of Subsection C above, a home occupation or profession
may employ one person outside the family, provided that such use is located on a major street,
as defined in this chapter, and adequate off-street parking is supplied on the site for the
employee and for any other parking need created by such use of the premises.
% Such activity shall not be initiated without prior registration of intent with the Codt
Enforcement Officer.
I. Resident who have obtained a Food Sovereignty license per § 125-4 are exempt from the
conditions listed in this Section.
Additions are underlined, deletions struek threugh.
Memorandum
To: Honorable Bangor City Council
Deb Laurie, City Manager
From: Anne M Krieg AICP, Planning Officer
Date: October 19, 2022
CC: Courtney O’Donnell, Assistant City Manager
Stephen Bolduc, Acting Director of Community and Economic Development
David Szewczyk, City Solicitor
Re: Planning Board Recommendation October 18, 2022 - Amending Chapter 165, Land
Development Code, by modifying the requirements in 165-22 Home Occupation to allow
residents who obtain a food sovereignty license to be exempt from certain conditions of the
home occupation requirements.
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 18, 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 Trish Hayes.
This was a staff-led Code change request from the Legal Department, as part of their work on the
City Code governing Food Sovereignty in Bangor. Brittanie Thomas, Assistant City Solicitor,
presented the change.
There were no questions from the public.
Board members clarified issues with the preparation of meat and poultry products as well as dairy.
They also reviewed the practice of dairy product safety.
Member Brush made a motion to recommend to the City Council that the noted text amendment
ought to pass. Member Bazinet seconded the motion. The motion passed 6:0.
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73 HARLOW STREET, BANGOR, ME 04401
TELEPHONE: (207) 992-4280 FAX: (207) 945-4447
WWW.BANGORMAINE.GOV
IN CITY COUNCIL
OCTOBER 12, 2022
COrd 22-351
First Reading and Referral to Planning Board Meeting of October 18, 2022
CITY CLERK
IN CITY COUNCIL
OCTOBER 24, 2022
COrd 22-351
Motion made and seconded for Passage
Vote: 7 – 0
Councilors Voting Yes: Davitt, Leonard, Okafor, Schaefer, Sprague, Tremble, Fournier
Councilors Voting No: None
Passed
CITY CLERK