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Home My WebLink About2026-06-08 26-190 Ordinance26-190 JUNE 8, 2026 CITY COUNCIL ACTION Council Meeting Date: June 8, 2026 Item No: 26-190 Responsible Dept: Planning Action Requested: Ordinance Title, Ordinance Map/Lot: n/a Amending the Land Development Code, §165-30, to Add a New Accessory Use for Farmstands and to Exempt Agricultural and Outdoor Recreational Uses from Paving Requirements Summary This amendment would add a farmstand section to the Accessory Use and Structures section of the Land Development Code to allow for small-scale retail sales of food or non-food crops grown on a site (excluding cannabis). The amendments would require this use to be 200 square feet or less in area and would exempt it from land development permitting. This use would be allowed in the Rural Residence and Agricultural (RR&A), Neighborhood Service District (NSD), and Urban Service District (USD). The amendments would also remove the requirement to pave the driveway and parking areas of agricultural and outdoor recreational uses. These changes align with guidance in the 2022 Comprehensive Plan to revise zoning to provide flexibility for agricultural uses and the sale of agricultural products, including in urban areas. Committee Action Committee: Planning Board Action: Staff Comments & Approvals TAA4 City Manager Introduced for: First Reading & Referral Meeting Date: 06/16/2026 For: City Solicitor Against: Finance Director CITY COUNCIL ORDINANCE Date: June 8, 2026 Assigned to Councilor: Faloon ORDINANCE, Amending the Land Development Code, to Add a New Accessory Use for Farmstands and to Exempt Agricultural and Outdoor Recreational Uses from Paving Requirements. WHEREAS, the Land Development Code currently contains barriers for agricultural uses to sell farm products, such as requiring a Land Development Permit for farmstands in certain zones and requiring paving of driveways and parking areas in most districts; and WHEREAS, this limits opportunities for farmers who may be looking to sell farm products on the same property where they grow crops; and WHEREAS, the proposed amendments allow additional flexibility for agriculture operations to expand in the City and would align with recommendations in the 2022 Comprehensive Plan; Be it Ordered by the City Council of the City of Bangor that, The Land Development Code shall be amended as shown below: § 165-30. Farmstand. A. A farmstand that is less than 200 square feet in area and that is for the sale of food or non-food crops excludina cannabis, grown or produced only on the premises, is exempt from land development permitting. B. A farmstand may be located in a required front setback, but must be set back a minimum of 10 feet from a street riaht-of-way. C. Farmstands shall only be permitted in the following districts: Rural Residence and Agricultural (RR&A), Neiahborhood Service District (NSD), and Urban Service District (USD). D. All other local and State laws must be followed, including, but not limited to, building permit requirements zonina restrictions on animal aariculture, licensina for State-reaulated agricultural products, and local food sovereignty licensing. § 165-74. Design, construction and maintenance. C. Paving. Parking lot paving will be required in accordance with the following schedule, except that parking lots associated with aaricultural and outdoor recreational uses are not required to be paved: District Extent of Paving Required URD-2, M & SD, NSD, USD, DDD, WDD, G & All parking, loading, display and maneuvering ISD, LDR, HDR, T & surfaced Sand S&PS ADD, UID, GC & S and I & S All front yard display, maneuvering and parking area surfaced Memorandum To: BED From: Planning Division Date: June 25, 2026 Regarding: Planning Board action on Amending the Land Development Code, §165-30, to Add a New Accessory Use for Farmstands and to Exempt Agricultural and Outdoor Recreational Uses from Paving Requirements 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 farmstand section to the Accessory Use and Structures section of the Land Development Code to allow for small-scale retail sales of food or non-food crops grown on a site (excluding cannabis). The amendments would require this use to be 200 square feet or less in area and would exempt it from land development permitting. This use would be allowed in the Rural Residence and Agricultural (RR&A), Neighborhood Service District (NSD), and Urban Service District (USD). The amendments would also remove the requirement to pave the driveway and parking areas of agricultural and outdoor recreational uses. These changes align with guidance in the 2022 Comprehensive Plan to revise zoning to provide flexibility for agricultural uses and the sale of agricultural products, including in urban areas. After the workshops with Council and the Planning Board, staff discussed with Legal, Public Health, and Code staff the intersection of this amendment with food sovereignty laws at both the State and City level. Based on those conversations, staff left in the ability for someone to sell animal products or value-added products at farmstands, but added that applicants would need to comply with City of Bangor Community & Economic Development the City's food sovereignty laws, zoning restrictions on animal agriculture, and State laws regarding licensing for certain agricultural products, along with any other applicable laws. Lisa Clark of 670 Ohio Street spoke about the long arduous process of getting the zone changed and the fees for such a small business venture. There were no further comments from the public and the Board had no further comments. Member Brush made the motion to recommend to the City Council that this amendment ought to pass. Member Hopkins 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 26-190 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 26-190 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