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HomeMy WebLinkAbout2026-06-08 26-192 Ordinance26-192 JUNE 8, 2026 CITY COUNCIL ACTION Council Meeting Date: June 8, 2026 Item No: 26-192 Responsible Dept: Planning Action Requested: Ordinance Title, Ordinance Map/Lot: n/a Amending the Land Development Code, §165-26, to Add a New Seasonal Storage Use and to Add Flexibility for Temporary Storage Uses Summary This amendment would add a new seasonal storage use to accommodate temporary storage uses that may not be present in a location year-round, but may require the flexibility to be placed on a lot for more than 2 years (since the current ordinance on temporary storage limits this use to being placed for a maximum of 2 years). Additionally, for temporary storage uses, the requirement to receive approval from Board of Appeals is unusual for a use in the Land Development Code and onerous for applicants. Some of the limitations on temporary storage are also either redundant or subjective (and therefore difficult to enforce). Therefore, these amendments propose to amend the approval process and remove some limitations on this use that have been determined to be unnecessary or unenforceable. Committee Action Committee: Planning Board Action Staff Comments & Approvals City Manager Director Meeting Date: 6/16/2026 For: Against: City Solicitor Finance Introduced for: First Reading & Referral to Planning Board 26-192 JUNE 8, 2026 CITY COUNCIL ORDINANCE Date: June 8, 2026 Assigned to Councilor: Carson ORDINANCE, Amending the Land Development Code, §165-26, to Add a New Seasonal Storage Use and to Add Flexibility for Temporary Storage Uses. WHEREAS, a need has been expressed to accommodate temporary storage uses that would be placed in a location for more than 2 years, but are only present on a lot seasonally; and WHEREAS, a need has also been expressed to change the approval process for temporary storage uses and to amend certain limitations that are redundant or subjective; Be it Ordered by the City Council of the City of Bangor that, The Land Development Code shall be amended as shown below: § 165-26 Temporary and seasonal storage. A. Temporary Storage. PeFtable eF mebile tFaileFS, pans and similaFVehicues Shipping containers or temporary buildings structures may be used for storage may for a temporary period not to exceed one year, with the following provisions:. f:Ll) Steh aApproval for this use may be granted through the process for a certificate of occupancy and may be extended for one additional period of one year only, if it is found that the BeaFd f that: (4�U The use, in combination with the primary use and accessory uses on the same lot, does not exceed maximum lot coverage requirements as set forth in this chapter for the district in which it is to be located. HLbb,) The use is not intended as a permanent or long-term use. {-7)Lc,) The use will not be used as or intended for advertising for on- or off -premises purposes. (8)(M The use is not intended for retail sales. U The storage unit or structure shall be located no closer than ten (10) feet to any adjacent property line. &(2) The above provisions do not prohibit the use of such temporary facilities as construction or job 26-192 JUNE 8, 2026 site office or equipment storage facilities during construction, provided that no advertising other than the contractor's name shall be on the vehicle or facility and that such signs meet the requirements of Chapter 260, Signs. B. Seasonal Storaae. Shipping containers or temporary structures may be used for seasonal storage, subject to the following_ conditions: The proposed use must comply with the requirements of Subsection A(1)(a) and (c-d) above. The requirement set forth in Subsections A(1)(b) shall not apply, as seasonal storage can be applied for biannually_ 0 Such use shall be permitted for a period not to exceed one hundred eighty (180) days within any calendar year. M Seasonal storage uses shall not be permitted in any residential zoning district. The storage unit or structure shall be located no closer than ten (10) feet to any adjacent property line. The storage unit or structure shall not be located within a designated floodplain or flood hazard area. Approval shall be granted through the process for a certificate of occupancy, and these certificates of occupancy must be applied for biannually for approval from the Code Enforcement Division. Memorandum To: BED From: Planning Division Date: June 25, 2026 Regarding: Planning Board action on Amending the Land Development Code, §165-26, to Add a New Seasonal Storage Use and to Add Flexibility for Temporary Storage Uses Please accept this memorandum as the recommendation from the Bangor Planning Board on the above -noted Land Development Code amendment. The properly noticed public hearing was held on June 16, 2026. From the staff report: This amendment would add a new seasonal storage use to accommodate temporary storage uses that may not be present in a location year-round, but may require the flexibility to be placed on a lot for more than 2 years (since the current ordinance on temporary storage limits this use to being placed for a maximum of 2 years). Additionally, for temporary storage uses, the requirement to receive approval from Board of Appeals is unusual for a use in the Land Development Code and onerous for applicants. Some of the limitations on temporary storage are also either redundant or subjective (and therefore difficult to enforce). Therefore, these amendments propose to amend the approval process and remove some limitations on this use that have been determined to be unnecessary or unenforceable. Staff discussed with Code Enforcement whether it was necessary to add a provision onto these amendments that temporary or seasonal storage containers could not be lived in. Code Enforcement advised that this was already addressed under the building code and since these storage containers would still have to meet building code requirements, it wouldn't be necessary to add this language in the land development code. City of Bangor Community & Economic Development There were no comments from the public or the Board. Member Huhn made the motion to recommend to the City Council that this amendment ought to pass. Member Jonas seconded the motion. A roll call was taken by the Chair and the motion passed unanimously 6.0. amk pg. 2 IN CITY COUNCIL JUNE 8, 2026 COrd 26-192 Motion made and seconded for First Reading and Referral to Planning Board Meeting on June 16, 2026 Vote: 7—0 Councilors Voting Yes: Beck, Carson, Deane, Faloon, Fish, Leonard, Mallar Councilors Voting No: None Passed � �„���µw�:..�� ��� ��n,� „ �������rv���:�„� �. CITY CLERK IN CITY COUNCIL JUNE 22, 2026 COrd 26-192 Motion made and seconded for Passage Vote: 8—0 Councilors Voting Yes: Beck, Carson, Deane, Faloon, Leonard, Mallar, Walker, Hawes Councilors Voting No: None Passed � �„���µw�:..�� ��� ��n,� „ �������rv���:�„� �. CITY CLERK