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Home My WebLink About2024-03-25 24-107 Ordinance24-107 03/25/2024 CITY COUNCIL ACTION Council Meeting Date: March 25, 2024 Item No: 24-107 Responsible Dept: Planning Action Requested: Ordinance Map/Lot: N/A Title, Ordinance Amending the Code of the City of Bangor by Reducing Restrictions on Setbacks and Dimensional Requirements for Accessory Dwelling Units (ADUs) and Clarifying the Minimum Structure Size in Accordance with LD 2003 Summary The proposed changes would update the City's Code of Ordinances to reduce restrictions on setbacks and height for ADUs and to clarify the minimum size of the ADU in accordance with the language of the state law, LD 2003. LD 2003 requires that there not be greater restrictions on setbacks or dimensional controls for ADUs than there are for principal dwellings. Currently, the City's Code, by not allowing an ADU in front of a principal dwelling, in essence requires a greater front setback for ADUs. Additionally, the Code currently limits the height of detached ADUs to 25, which is less than the maximum height of primary structures in all zones. Therefore, the proposed changes to the Code remove these restrictions in order to comply with LD 2003. Additionally, LD 2003 states that the minimum structure size for ADUs is 190 square feet. This requirement is also proposed to be added to the City's Code in order to provide clarity. Committee Action Committee: Planning Board Action: Staff Comments & Approvals City Manager Introduced for: First Reading and Referral Meeting Date: April 2, 2024 For: City Solicitor Against: nance Director 24-107 03/25/2024 CITY COUNCIL ORDINANCE Date: March 25, 2024 Assigned to Councilor: Fish ORDINANCE, Amending the Code of the City of Bangor by Reducing Restrictions on Setbacks and Dimensional Requirements for Accessory Dwelling Units (ADUs) and Clarifying the Minimum Structure Size in Accordance with LD 2003 WHEREAS, LD 2003 requires that there not be greater restrictions on setbacks or dimensional controls for ADUs than there are for principal dwellings and states that the minimum structure size for ADUs is 190 square feet; WHEREAS, the City's Code currently places greater limits on height and front setbacks for ADUs than for primary dwellings; WHEREAS, the City's Code does not currently state the minimum size for an ADU; WHEREAS, the City's Code must be in compliance with the provisions of LD 2003; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT The Code of the City of Bangor is amended as follows: § 165-31.2 Accessory dwelling units (ADUs). • -• •- • - ! - .••plypip !I! •�• a MEN • •. f • • . •. f .• • f - •• 'f -f • • •. • - - ••- • • • • '• -f - •. • i A._.. -- AIIIW. 24-107 03/25/2024 Additions underlined, deletions strtrel( thFeugr. ffi W M e �'1 f� ` I �� .�.�� "" �� ./ � �1. F 1.�.� //; .q w '' I�EV'�� L��1"�T � M� .� CIT� �F BAI�T+G+C�R. PLANV�IC�ICr QIWI51ClN Memorandum To: Honorable Bangor City Council Debbie Laurie, City Manager From: Anja Collette, Planning Officer Date: April 3, 2024 CC: Courtney O'Donnell, Assistant City Manager David Szewczyk, City Solicitor Anne Krieg AICP — Director of Community & Economic Development Re: Planning Board Recommendation April 2, 2024 Amending Chapter 165, Land Development Code, by Reducing Restrictions on Setbacks and Dimensional Requirements for Accessory Dwelling Units (ADUs) and Clarifying the Minimum Structure Size in Accordance with LD 2003 Please accept this memorandum as the recommendation from the Planning Board for the noted item. The Planning Board considered this item in a noticed public hearing on April 2, 2024. The meeting was conducted in the Council Chambers at City Hall and on Zoom. Members in attendance in the Chambers were Vice Chair Ted Brush, and Members Don Meagher, Trish Hayes, and Mike Bazinet. Alternate Member Janet Jonas was also in attendance. Planning Officer Collette reviewed the proposed changes to the accessory dwelling unit ordinance. From the staff inemo: A. The proposed changes would update the City's Code of Ordinances to reduce restrictions on setbacks and height for ADUs and to clarify the minimum size of the ADU in accordance with the language of the state law, LD 2003. B. LD 2003 requires that there not be greater restrictions on setbacks or dimensional controls for ADUs than there are for principal dwellings. Currently, the City's Code, by not allowing an ADU in front a principal dwelling, in essence requires a greater front setback for ADUs. Additionally, the Code currently limits the height of detached ADUs to 25', which is less than the maximum height of primary structures in all zones. Therefore, the proposed changes to the Code remove these restrictions in order to comply with LD 2003. C. Additionally, LD 2003 states that the minimum structure size for ADUs is 190 square feet. This requirement is also proposed to be added to the City's Code in order to provide clarity. Member Bazinet asked Planning Officer Collette what the impact would be if the City did not make these changes to the Code. Planning Officer Collette stated that the City would be out of compliance 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 4.2.2024 Land Development Code—Accessory Dwelling Units Dimensional Requirements with State law, which could have legal ramifications. There were no public comments. Member Bazinet moved to recommend to City Council that the proposed amendments ought to pass. Member Meagher seconded the motion. The motion passed 5:0 with all members voting in favor. The result of the vote is that a majority of Planning Board members voted to recommend that the proposed amendments ought to pass. Anja Collette Page 2 � 2 IN CITY COUNCIL MARCH 25, 2024 COrd 24-107 First Reading and Referral to Planning Board on Apri12, 2024 ��:,w�,��° '" .�� °,„�,��"��,°��*°.�� CITY CLERK IN CITY COUNCIL APRIL 8, 2024 COrd 24-107 Motion made and seconded for Passage Vote: 5 — 1 Councilors Voting Yes: Deane, Fish, Leonard, Yacoubagha, Fournier Councilors Voting No: Tremble Passed ��.�` � M,�� w�� s� CITY CLERK