Loading...
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 AZIL rz;�7�� City Manager Introduced for: First Reading and Referral Meeting Date: October 18, 2022 For: City Solicitor Against: I'- ."Z- 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 I$ I pITA [4 pja a I I r'� 14&-1114 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. • • 1 1 ;;;11�1�g 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. amk 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