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HomeMy WebLinkAbout2013-07-08 13-237 ORDINANCECOUNCIL ACTION Item No. -13-237 Date: July 8, 2013 Item/Subject: ORDINANCE, Amending Chapter 165, Land Development Code, of the Code of the City of Bangor, By Adding Animal Crematorium as a Conditional Use in the Rural Residence and Agricultural District Responsible Department: Planning Commentary: The City has received an inquiry regarding starting an animal crematorium. Animal crematoria have traditionally been allowed as an accessory use to animal clinics or animal hospitals. The Land Development Code does not currently provide for a stand-alone animal crematorium. This ordinance amendment allows animal crematoria in the Rural Residence and Agricultural District with the same setbacks required of animal hospitals and clinics. Department Head Manager's Comments: City Manager Associated Information: Budget Approval: Finance Director Legal Approval: Solicitor Introduced for Passage x First Reading x Referral to Planning Board on Tuesday, July 16, 2013 13-237 r JULY 812013 S� oNo -Assigned to Councilor Hawes ` ` CI`T'Y OF BANGOR (TITLE,) Ordinance, Amending Chapter 165, Land Development Code, of the Code of the City of a Bangor, By Adding Animal Crematorium as a Conditional Use in the Rural Residence and Agricultural District NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, Chapter 165 of the Code of the City of Bangor be amended as follows: § 165-105. Rural Residence and Agricultural District (RR & A). D. Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district: (2) Animal pounds, kennels, animal hospitals, and animal clinics, and animal crematoria, provided that such facilities are located at least 100 feet from any residential district and at least 150 feet from any residential building on an adjoining parcel. Additions are underlined, deletions struek threugh. IN CITY COUNCIL July 8, 2013 First Reading and Referral to Planning Board eb.t" g of July 16, 2013 CITY Grbm IN CITY COUNCIL July 22, 2013 Motion made and seconded for Passage Vote: 8-0 Councilors Voting Yes: Baldacci, Blanchette, Civiello, Gallant, Longo, Nealley, Sprague, Durgin Councilors Voting No: None Pass CITY CEERK 13-237 MEMORANDUM DATE: 3uly 17, 2013 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SU133ECT: Amending Land Development Code Chapter 165-105 Rural Residence & Agricultural District Council Ordinance 13-237 Please be advised that the Planning Board at its meeting on July 16, 2013, held a Public Hearing on the above zoning amendment. Assistant City Solicitor Paul Nicklas presented the proposed amendment to the Planning Board. Mr. Nicklas noted that presently, crematories for animals have been treated as an accessory use to an animal hospital or veterinary clinic. There has been a recent inquiry to operate a standalone crematorium and it is not specifically provided for in the Land Development Code. The proposed amendment would create crematorium as a standalone conditional use in the Rural Residence and Agricultural District with the same restrictions and limitations provided for animal hospitals and veterinary clinics. There were no proponents or opponents to the proposed text amendment. Planning Officer David Gould indicated that the proposed language was a logical progression for the use and consistent with how we presently deal with animal hospitals and veterinary clinics. Mr. Gould did note that in recent years that the balance of development in the rural zones is tipping towards a residential suburban one. We have had major issues over compatibility of radio towers and quarries in rural areas due to their proximity to residential neighbors. Historically, animal hospitals were located in rural areas as that is where their patients were located. As the City becomes less agricultural, veterinary hospitals tend to see more household pets than livestock and their location in the rural district is less of a geographic issue. Presently, there are two animal hospitals in Rural Residential & Agricultural and one in General Commercial & Service. Planning Officer Gould noted it may be a good option to allow such uses in commercial and industrial districts such that RR&A isn't the only option. While there does not appear to be a large market for such facilities nor is there anticipation that they would be a nuisance in the rural district, it does represent a commercial, non- residential use in the RR&A District. 13-237 2 The Planning Board discussed whether there were any other issues related to animal crematoria that they should be aware of. Mr. Gould was not aware of any specific health or environmental codes that would apply, nor does the Land Development Code have any specific standards other than the setbacks noted by Mr. Nicklas. Mr. Gould noted that the zoning amendment process requires the Board to deal with the amendment before them and make a recommendation to the City Council. If they desire additional items or alternate changes they would have to be dealt with in a separate process. The Board voted six in favor and one opposed to recommend the proposed amendment to the City Council for the proposed amendment to the Land Development Code, adding Animal Crematorium as a Conditional Use in the Rural Residence and Agricultural District as contained in C.O. 13-237 .