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HomeMy WebLinkAbout2013-03-11 13-104 ORDINANCECOUNCIL ACTION Item No. 13-104 Date: March 11, 2013 Item/Subject: Ordinance Amending Chapter 165 of the Code of the City of Bangor — Section 165-92 — Urban Service District (USD) and Section 165-97 - Government and Institutional Service District (G & ISD) - Emergency Shelters Commentary: The proposed text amendment is intended to add "Emergency Shelters" as a permitted use in the Urban Service District and the Government and Institutional Service District. Manager's Comments: Associated Information: Budget Approval: Legal Approval: /s/ Rosie Vanadestine Department Head 9), b (3� City Manager Introduced for Passage X First Reading X Referral to Planning Board Meeting of March 19, 2013, 7:00 p.m. Finance Director ity Solicitor Page 1 of 1 13-104 MARCH 119 2013 Assigned to Councilor Baldacci /�a� � O�N�O • � b •�4�.� \y r t CITY OF BANGOR o`E 9 • �R4iED.ff r (TITLE.) Ordinance, Amending Chapter 165 of the Code of the City of Bangor — Section 165-92 — Urban Service District (USD) and Section 165-97 —Government and Institutional Services District (GBISD) — Emergency Shelters NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT, Chapter 165 of the Code of the City of Bangor be amended as follows: Chapter 165-92 — Urban Service District (USD) A. Unchanged. B. Unchanged. C. Permitted uses. The following uses are permitted in this district: (1) Any business office or professional office. (2) Motel, hotel or inn. (3) Schools conducted for profit, such as trade, business, dance and music schools. (4) Group day-care or nursery school. (5) Day-care center. (6) Community service organizations. (7) Club or lodge, private. (8) Enclosed recreation centers conducted for profit. (9) Eating and drinking establishments. (10) Places of worship. (11) Any other retail or service business (except those provided for in Subsection D below) conducted within a building with no goods or materials displayed or stored outside, except goods or materials displayed for retail sale with an outdoor display area limited to 1% of the gross floor area of the building. (12) Clinic, medical or dental. (13) Registered dispensary, provided it is located at least 1,000 feet from any public or private school or school dormitory, public library, juvenile shelter, orphanage, playground, or public park, and at least 200 feet from any church, chapel, parish house, other place of worship, day care, or residential zoning district boundary, measured by straight line from property line to property line or zoning boundary. No more than one registered dispensary may exist in the City of Bangor. (14) Bar, tavern or lounge, provided that: IN CITY COUNCIL March 11, 2013 _ .Motibn Made and Seconded to Postpone to Next Regular City Council Meeting CITY CJffRK IN CITY COUNCIL March 25, 2013 First Reading and Referral to Planning Board Meeting of Mar h 26, 2013 CITY LERK IN CITY COUNCIL April 8, 2013 First Reading and Referral to Planning Board meeting of p 1 16, 2 3�• CITY CLERK IN CITY COUNCIL May 13, 2013 Motion made and seconded for Passage Vote: 5-4 Councilors Voting yes: Baldacci, Blanchette, Gallant, Haves, Durgin Councilors Voting No: Civiello, Longo, Nealley, Sprague Failed DEPUTY CITY CEEW 13-104 MARCH 11, 2013 (a) Such use must have established hours of operation which specifically define the time during which said use may be allowed to operate. Such hours will be a condition of approval under this section. In no event shall such hours of operation begin before 7:00 a.m. or end after 1:30 a.m. (b) Such use must establish a maximum occupancy which will specifically limit the number of persons allowed within the building at any one time, and such occupancy limit will be a condition to any approval under this section. (c) A noise limit will be established such that the maximum of 65 dBA will not be exceeded in any abutting structure, on abutting property or within the public right-of-way or any public area. (d) The applicant must demonstrate that sufficient parking of one parking space for each four persons of established maximum occupancy is available during the hours of operation to serve the establishment's patrons. Such parking spaces must: [1] Be located within 500 feet of the building housing the use; and [2] Be under the control of the operator or owner of the establishment (as evidenced in a binding written agreement between the operator and the owner or his/her agent of the parking premises) and/or must be public parking which is available during the hours of operation as determined by the City of Bangor City Engineer. (15) Emergency Shelters. D. Unchanged. E. Unchanged. Section 165-97 —Government and Institutional Services District (G&ISD) A. Unchanged B. Unchanged. C. Permitted uses. The following uses are permitted in this district: (1) Facilities operated by public agencies or private nonprofit organizations limited to health, education, social welfare and cultural uses, but excluding chemical dependency treatment facilities. (2) Places of worship. (3) Group day-care or nursery school. (4) Day-care center. (5) Cemeteries. (6) Hospital complex when located on a major arterial street. (7) Nursing home. (8) Sports arenas and stadiums. (9) Chemical dependency treatment facility, provided it is located on a major arterial street. (10) Radio and television broadcast towers, provided that: (a) They do not exceed 195 feet in height, or the minimum height required under federal law, whichever is greater. (b) They are set back from all property lines a minimum of 100% of the tower height. (c) They are accessory to a public nonprofit use. (d) They conform to the requirements of § 165-80.1. 13-104 MARCH 11, 2013 (11) Registered dispensary, provided it is located on a major arterial street and it is located at least 1,000 feet from any public or private school or school dormitory, public library, juvenile shelter, orphanage, playground, or public park, and at least 200 feet from any church, chapel, parish house, other place of worship, day care, or residential zoning district boundary, measured by straight line from property line to property line or zoning boundary. No more than one registered dispensary may exist in the City of Bangor. (12) Emergency Shelters. (313) Accessory uses on the same lot and customarily incidental to and subordinate to the above uses and to a use approved under Subsection D below D. Unchanged. E. Unchanged. Additions are underlined and deletions are sEk througliz 13-104 MEMORANDUM DATE: May 8, 2013 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Land Development Code Chapter 165-92 and 165-97, Council Ordinance 13-104 Please be advised that the Planning Board at its meeting on May 7, 2013, held a Public Hearing on the above zoning amendment. Planning Officer David Gould reviewed the proposed amendments to the Urban Service District and the Government and Institutional Service District to provide for emergency shelters as a permitted use in those two districts. Previously shelters were allowed as a Community Service Organization as defined in Urban Service District and under the general category in G&ISD as "facilities operated by public agencies or private nonprofit organizations..." Lori Dwyer, General Counsel representing PCHC reviewed discussions with the City Council regarding Hope House and noted that the City's lease did have other conditions that were not within the Land Development Code revisions. The Board voted 3 in favor and 4 opposed to recommend the proposed text amend to the City Council - Land Development Code Chapters 165-92 and 165-97, as contained in Council Ordinance 13-104.