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Home My WebLink About2026-03-23 26-118 Ordinance26-118 03/23/2026 CITY COUNCIL ACTION Council Meeting Date: March 23, 2026 Item No: 26-118 Responsible Dept: Planning Action Requested: Ordinance Title, Ordinance Map/Lot: N/A Amending Chapter 165, Land Development Code, to Comply with New State Laws, LD 1829, LD 427, and LD 997. Summary The proposed changes would update portions of the City's Land Development Code to comply with the requirements of the state laws known as LD 1829, 427, and 997. These updates have the primary effect of increasing residential density allowances in most of Bangor's urban zones where residential is allowed, allowing accessory dwelling units on more lots, creating additional allowances on height and parking for affordable housing, allowing off -site parking agreements within 0.25 miles, removing the requirement for the creation of 3-4 dwelling units to have subdivision review, and clarifying the requirements for water and wastewater disposal for new housing. These changes align with the Council goal of creating more housing. This is the first set of changes to comply with the new State laws. Another set of changes will be forthcoming that changes the zones in the City's developing and rural areas. Committee Action Committee: Planning Board Action Staff Comments & Approvals Meeting Date: April 7, 2026 For: Against: 4� - City Manager City Solicitor Finance Director Introduced for: First Reading and Referral 26-118 03/23/2026 CITY COUNCIL ORDINANCE Date: March 23, 2026 Assigned to Councilor: Mallar ORDINANCE, Amending Chapter 165, Land Development Code, to Comply with New State Laws, LD 1829, LD 427, and LD 997. WHEREAS, at present, LD 427 is a state law that requires municipalities to update land use codes to allow parking agreements to satisfy parking requirements; WHEREAS, at present, LD 1829 is a state law that requires municipalities to update land use codes to reduce dimensional requirement restrictions for housing units and makes other changes to facilitate the creation of housing; WHEREAS, at present, LD 997 is a state law that requires municipalities to allow residential uses in commercial areas; WHEREAS, the proposed changes would update portions of the City's Land Development Code to comply with the requirements of LD 427, 997, and 1829; 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. For the purpose of interpreting this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein: 1. For rental housina, a development in which a household whose income does not exceed 80% of the median income for the area as defined by the United States Department of Housing and Urban Development under the United States Housing Act of 1937, Public Law 75-412, 50 Stat. 888, Section 8, as amended, can afford 51% or more of the units in the development without spending more than 30% of the household's monthly income on housing costs; and 2. For owned housing, a development in which a household whose income does not exceed 120% of the median income for the area as defined by the United States Department of Housing and Urban Development under the United States Housing Act of 1937, Public Law 75-412, 50 Stat. 888, Section 8, as amended, can afford 51% or more of the units in the development without spending more than 30% of the household's monthly income on housing costs. 3. For purposes of this definition, "housing costs" include, but are not limited to: (a) For a rental unit, the cost of rent and any utilities (electric, heat, water, sewer, and/or trash) that the household pays separately from the rent; and U� `-' For an ownership unit, the cost of mortgage principal and interest, real estate taxes 4^ To be eligible for the affordable housing density bonus, increased height allowance, and reduced AREA MEDIAN INCOME The midpoint of a region's income distribution calculated on an annual basis by the U.S. Department of Housing & Urban Development. Wri-a-1--EMIL-krimus Nil affordable housina. water Ustem may be vivately owned. DWELLING UNIT, ACCESSORY (ADU) — A dwelling unit on a lot subordinate to a single-family dwelling or multi- family dwelling (for purposes of this definition, the principal dwelling) on the same lot. ADUs are secondary in size, form, and location to the single fangily principal dwelling and may be attached, detached, or contained within an accessory building (e.g., garage) on the lot. PARKING AGREEMENT A legally binding agreement between a propeLbL developer and the owner of an off -site parking facility to provide required spaces. Water by Establishing Maximum Contaminant Level for Certain Substances and Contaminants. B. In districts where ADUs are allowed, the Code Enforcement Officer shall approve an ADU upon a determination that said ADU complies with the following conditions: 26-118 03/23/2026 square footage may notbe • - than 50%of • - footage of - principal dwelling or 111 square feet,less.• - - ADU must be • .1 square feet in size, - • • Code and Standards Board, pursuant to 11 9722, adopts a different minimum standard; if so, that standard applies. No more than one ADU is allowed pe• and an ADU may only be • ed on lotswhere there singleexists 1 to 3 residential dwelling units in a single structure in any zone where residential uses are allowed (i.e. a single-family home, duplex, or trip�lex . enly ene . § 165-72. Required number of spaces. B. Affordable housina developments as defined in �165-13 (for the purposes of this section, does not include Governmental -subsidized, low-income housina for the elderly): two spaces for every three dwelling units § 165-73. Parking area location and screening. The location of off-street parking shall comply with the following requirements: A. All parking spaces shall be located on the same or adjacent lot .••�to the principal building or use served. or within 0.25 miles of the site. provided the developer has a leaallv binding parkina aareement with the owner of an off -site parking facility. If using an off -site parking agreement, the developer must provide documentation demonstratina the availability of sufficient capacity at the off -site parking facility, as determined by a professional parking study or similar evidence acceptable to the City.-,exeept that § 165-80. Water and sewerage. A. Whenever possible, all uses and developments will be provided with water service from the Bangor Water District and connected to the Bangor sewer system. U) If a housing structure is connected to a public, special district, or other centrally managed water system,prior to issuance of a Certificate of Occupancy, written verification must be provided showing proof of adequate service to support any additional flow created by the unit,, proof of payment for the connection, and the volume and supply of water required for the unit. If a housing structure is connected to a public, special district, or other comparable sewer system,prior to issuance of a Certificate of Occupancy, written verification must be provided showing proof of adequate service to support any additional flow created by the unit and proof of payment for the connection to the sewer system. B. Lots without public sewer or water facilities. . The minimum lot area for any construction requiring on -site waste disposal facilities and not served by a municipal sewer system shall be subject to the requirements of 12 M.R.S.A. � 4807 et seg., as amended. 26-118 03/23/2026 �2) If a housing structure is connected to a septic system,, prior to issuance of a Certificate of Occupancy, written verification must be provided that proves there is adequate sewage disposal for subsurface wastewater. The septic system must be verified as adequate by a local plumbing inspector pursuant to 30-A M.R.S. � 4221. Plans for a subsurface wastewater disposal must be prepared by a licensed site evaluator in accordance with 10-144 C.M.R. Ch. 241, Subsurface Wastewater Disposal Rules. �3) If a housing structure is connected to a well,, prior to issuance of a Certificate of Occupancy, written verification must be provided showing proof of access to potable water, including the standards outlined in 01-672 C.M.R. Ch. 10 section 10.25(j), Land Use Districts and Standards. Any test of an existing well or proposed well must indicate that the water supply is potable and acceptable for domestic use �. • C. Permitted uses. The following uses are permitted in this district: --- - - -- - - -- i m r-T-w 3 V W FM 0 MW F K 3 f_1- - - -- --- -- - C. Permitted uses. The following uses are permitted in this district: dwellinas containina between . dwellina C. Permitted uses. The following uses are permitted in this district: (1) One -family, two-family and multifamily detached or attached dwellings. C. Permitted uses. The following uses are permitted in this district: (10) One -family, two-family, three-family, and four -family detached or attached dwellings. 26-118 03/23/2026 C. Permitted uses. The following uses are permitted in this district: commercial activity is a use - -[ in this Subsection (b) The impervious surface limit for residential uses in the URD-2 District will be met. (c) An affordable housing density bonus may be allowed, subject to the requirements of D. Conditional uses. S• Planning Board approval un•' provisions of • •t 9 the following may be permitted in this district: /is!*f!�!T' ■7T�'rTS�G7l.TT A �l�fr: T E9 _ § 165-111. Site developments requiring permit. A. Any activity covered under this chapter shall require a land development permit under the following conditions: (6) Any use or site development meeting the definition of "subdivision" in 30-A M.R.S.A. � 4401. qppii am C. Exemptions. Notwithstanding the requirements of Subsections A and B above, a land development permit will not be required in the following cases: (2) Any construction of a Fesidential stFuetuFe eentaining twe 4 or fewer dwelling units on a lot. If such construction results in the creation of 3 to 4 detached (or separate) structures rather than 3 to 4 units in a sinale structure, it shall be considered as a minor site plan revision and must meet the requirements of �165-116. 26-118 03/23/2026 Construction of a parking lot containing between 5 and 19 spaces, unless such construction is expanding an existing parking lot that contains 20 or more spaces, in which case Land Development Permit approval is required. Construction of a new parking lot containing between 5 and 19 spaces shall be considered as a minor site plan revision and must meet the requirements of �165-116. This article nrovides for a densiJX bonus and reduced height and oarking restrictions for the creation of affordable dwelling units in certain zoning• per - 1-A Section 4364 in the State• - .Offi N 7-Cr - ---M. - 10 -WA KWJ-- . -KWA M - RW 10--10 1 - -- MIW , . .. .. 10--- -- .. .. W. 1. .. .. . Ai EPIC., lifflilli�r'':�'"'IIIIIIIIIIIIIIIIIIilillilI A. Density bonus. A residential or mixed -use development shall be allowed a maximum dwelling unit density of • 2.5 times the base • defined in § 165-13442-)permissiblezoning district if the project meets the following eligibility criteria: • •.• •- - •r • •.• • • •- •r - •- -�In WORN W&M 26-118 03/23/2026 (3) Adequate utility capacity. The owner or develoger grovides written verification that each unit of the housino development is proposed to be connected to adequate water and wastewater services vior to certification of the develowent for occupancy in accordance with the following: The let has adequate wateF and wastewateF se, Vi.... (a P If a housing unit is connected to a public, s ecial district or other comparable sewer �ystem, written verification includes proof of adequate service to support any additional flow created by the unit and proof of payment for the connection to the sewer 5ystem. If a housing unit is connected to a septic 5ystem, written verification includes proof of adequate sewage disposal for subsurface wastewater. The septic system must be verified as adequate by a local plumbing inspector pursuant to 30-A M.R.S. � 4221. Plans for a subsurface wastewater disposal must be prepared by a licensed site evaluator in accordance with 10-144 C.M.R. Ch. 241, Subsurface Wastewater Disposal Rules. Uc If a housing unit is connected to a public, special district or other centrally managed water Ustem, written verification includes proof of adequate service to support any additional flow created by the unit, proof of payment for the connection and the volume and supply of water required for the unit. If a housing unit is connected to a well, written verification includes proof of access to potable water, including the standards outlined in 01-672 C.M.R. Ch. 10 section 10.25(j), Land Use Districts and Standards. Any test of an existing well or proposed well must indicate that the water supply is potable and acceptable for domestic use. ffWof,.!! MN-MM-JEWS717011 R-3 M-MIZam =00MO I -J� __Jft, 1�1.if �rA jo,! 1 jj�r! 4 GMMr49IIII=r;Zr;ZWW4I lip ImIll i 11 than one stoLy or 14 feet. G. seduced parking minimum. An affordable housing development is allowed to use a reduced off-street parking minimum of two spaces for eve[y three dwelling units. 26-118 MARCH 23, 2026 LAND DEVELOPMENT 165 Attachment 2 City of Bangor Schedule A Urban Developed Area Article XIII, §§ 165-88 through 165-97 Zoning Districts Maximum Minimum Maximum Minimum Minimum Minimum Minimum Maximum Minimum Maximum District Height Lot Area Lot Lot Width Front Yard Side Yard Rear Yard Impervious Water Floor Area (feet) (square feet) Coverage (feet) Depth Depth Depth Surface Ratio Setback Ratio (feet) (feet) (feet) (feet) Urban Residence 1 (URD-1) 35 1 35% 50 107 5 15; 5 for 0.75 accessory structure Urban Residence 2 (URD-2) 40111 2 40% 50 107 5 15; 5 for 0.8 accessory structure Multifamily and Service (M 4510 11 3 50% 50 10 5 5 0.85 -- -- & SD) Neighborhood Service (NSD) 351-1 10,0009 25% 75 20 10 20 None 0.4 0.4 Urban Service (USD) 4510,11 1"W12 40% 80 10 10 101 None NOTES: 1 If a lot is located inside the Growth Boundary designated in the City's 2022 Comprehensive Plan, the minimum lot size is 5,000 square feet for 4 units, including accessory dwelling units. If a lot is outside of the Growth Boundary but is in an area served by both a public water system and a public sewer system, the minimum lot size is 5,000 square feet for the first 2 dwelling units and an additional 5,000 square feet for each additional unit up to 4 total on the lot (including accessory dwelling units). 5,000 squafa f of for oath dN Ilin . mit up to n it ampfi lot -up to 2 (additional) if n@ dwelling unit @�dstts [soot§--1r6 rggc-(4' . 2 For one and two the first 4 dwelling units, 5,000 square feet plus 2,500 square feet for each additional unit up to 6. ; for three dwelling unit 7,500 square f et� and for fur dwelling unit met. If using Affordable Housing Density Bonus, 5,000 square feet for first 10 -5 units, plus 1,000 square feet for each additional unit up to 15 40 (see § 165- 143). 3 For the first 4 two dwelling units, 5,000 square feet, plus 250 square feet for each additional dwelling unit. If using Affordable Housing Density Bonus, 5,000 square feet for first 10 3 units, plus 100 square feet for each additional unit (see § 165- 143). Or the minimum height allowed under federal law, whichever is greater. 5 Minimum buffer yard: Type B, C next to a residential district. 6 Minimum buffer yard: Type B next to a residential district. Minimum setback for open porches from the front property line is 10 feet. Supp 7, Aug 2024 26-118 MARCH 23, 2026 Twenty -foot rear yard setback for properties abutting residential districts. 9 10,000 square f off 1 t 4 dwelling unitg For residential only: if a lot is located inside the Growth Boundary designated in the City's 2022 Comprehensive Plan, the minimum lot size is 5,000 square feet for 4 dwelling units, including accessory dwelling units: if a lot is outside of the Growth Boundary but is in an area served by both a public water system and ayublic sewer system, the minimum lot size is 5,000 square feet for the first 2 dwelling units and an additional 5,000 square feet for each additional unit up to 4 total on the lot (including accessory dwelling units): and if a lot is outside the Growth Boundary and is not on a public water or public sewer system, the minimum lot size is 1.5 acres with 3 units allowed, including ADUs. If using Affordable Housing Density Bonus, base density is multiplied by 2.5 10,000 squafa f eA for up to 10 a., on:.,,. tmits (see § 165-143). Minimum lot size is 10,000 square feet for all other uses (including mixed commercial -residential). ° Maximum height is 60 feet if a lot has frontage on a major or minor arterial street. " If an affordable housing development as defined in § 165-13, an additional 14 feet is permitted. 12 For residential only: for the first 4 dwelling units, 5,000 square feet, plus 2,500 square feet for each additional unit up to 6. If using Affordable Housing Density Bonus, 5,000 square feet for first 10 units, plus 1,000 square feet for each additional unit up to 15 (see � 165- 143). For all other uses, including mixed commercial -residential, minimum lot area is 10,000 square feet (up to 6 dwelling units allowed on a 10,000 square foot lot for mixed commercial -residential: if using Affordable Housing Density Bonus, up to 15 units allowed on a 10,000 square foot lot). Supp 7, Aug 2024 � : � '� �� , ��V 1'� 1T I � �� % w..� .. . ,o � � L�E V�� L��'��1`��T � CIT� �� BAN�+C�R. PLANV�IC�ICr QIWI51ClN Memorandum To: Honorable Bangor City Council Carollynn Lear, City Manager From: Anja Collette, AICP, Planning Officer Date: April 8, 2026 CC: Courtney O'Donnell, Assistant City Manager David Szewczyk, City Solicitor Anne Krieg, AICP — Director of Community & Economic Development Re: Planning Board Recommendation April 7, 2026 Amending Chapter 165, Land Development Code, to Comply with New State Laws, LD 1829, LD 427, and LD 997 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 7, 2026. The meeting was conducted in the Council Chambers at City Hall and on Zoom. Members in attendance in the Chambers were Chair Jonathan Boucher, and Members Trish Hayes, Ted Brush, Ken Huhn, Ross Whitford, and Greg Hobson. Vice Chair Janet Jonas attended on Zoom. Planning Officer Collette reviewed the proposed amendments. From the staff inemo: A. This item was discussed at the last Planning Board meeting; these amendments would update portions of the City's Land Development Code to comply with the requirements of the state laws known as LD 1829, 427, and 997. B. These updates have the primary effect of increasing residential density allowances in most of Bangor's urban zones where residential is allowed, allowing accessory dwelling units (ADUs) on more lots, creating additional allowances on height and parking for affordable housing, allowing off-site parking agreements within 0.25 miles, removing the requirement for the creation of 3-4 dwelling units to have subdivision review, and clarifying the requirements for water and wastewater disposal for new housing. C. These changes align with the Council goal of creating more housing. This is the first set of changes to comply with the new State laws. Another set of changes will be forthcoming that changes the zones in the City's developing and rural areas. There were no comments from the Board or the public. 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 4.7.2026 Land Development Code-Compliance with State laws Member Huhn moved to recommend to City Council that the proposed amendments ought to pass. Member Hobson seconded the motion. All members voted 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 23, 2026 COrd 26-118 First Reading and Referral to Planning Board on April 7, 2026 � �.� ,�..� � �� :,w�,�N � ��.� . �.,� ��;�� ,, CITY CLERK IN CITY COUNCIL APRIL 13, 2026 COrd 26-118 Motion made and seconded for Passage Vote: 9—0 Councilors Voting Yes: Beck, Carson, Deane, Faloon, Fish, Leonard, Mallar,Walker, Hawes Councilors Voting No: None Passed � �.� ,�..� � �� :,w�,�N � ��.� . � ��;�� ,, CITY CLERK