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 .