HomeMy WebLinkAbout2010-01-11 10-049 ORDINANCECOUNCIL ACTION
Item No. 10 049
Date: January 11, 2010
Item/Subject: Ordinance, Amending Chapter 165, Land Development Code, of the Code of
the City of Bangor, By Expanding Exemptions for Auxiliary Public Utility
Structures
Responsible Department: Engineering
Commentary:
The attached Ordinance Amendment provides certain expanded exemptions for Auxiliary Public
Utility Structures, including an increase in floor area. Some such structures must be located in
close proximity to utilities they support, often within or very close to the public right-of-way.
Additionally, normal screening requirements could interfere with the function or security of
auxiliary public structures. The recommended revisions would address these issues.
Another version of this Ordinance, Council Ordinance 10-040, was referred to the Planning
Board, which indicated certain concerns that have been addressed in this new Ordinance. Staff
recommends Ordinance 10-040 be indefinitely postponed, and this new Ordinance be referred to
the Planning Board for their review.
Manager's Comments,
111
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Associated Information: Ordinance
Budget Approval:
Legal Approval:
Introduced for
Passage
x First Reading
x Referral to Planning
Board at 7pm on 1/19/10
Department Head
City Manager
Finance Director
Page _ of _
649
Assigned to Councilor - Wheeler January 11, 2010
CITY OF BANGOR
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(TITLE.) Ordinance, Amending Chapter 165, Land Development Code, of the Code of the City of
Bangor, By Expanding Exemptions for Auxiliary Public Utility Structures
WHEREAS, auxiliary public utility structures are required in order to provide utility services to
residents and businesses;
WHEREAS, these structures are often best located near streets or otherwise in places where
structures are typically not allowed in our Land Development Code;
WHEREAS, said structures are small in size and, where practical, can be screened from view; and
WHEREAS, in certain areas of the City, placing these structures in compliance with certain standards
in the Land Development Code is very difficult or inappropriate;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT,
§ 165-13. Definitions.
AUXILIARY PUBLIC UTILITY STRUCTURE -- A structure, not to exceed X00 300 square feet in gross
floor area or 16 feet in height, operated by a public utility, including but not limited to pumping
stations, pad -mounted transformers, electronic switching equipment and satellite dishes. Such utility
structures are to be unoccupied except for required maintenance.
§ 165-30. Auxiliary public utility structures.
Notwithstanding the requirements of this chapter, auxiliary public utility structures, as defined, shall be
exempted from the lot area, coverage, width, setback and frontage requirements of the zone in which
they are located, provided that such structures shall be screened from a public or private streetLunless
such screening would negatively impact the public's healthsafety or welfare and from any residential
district.
IN CITY COUNCIL
January 11, 2010
First Reading & Referral to
Planning Board of 1/19/10
a pm
CCLERK '
IN CITY COUNCIL
January 25, 2010
Motion Made and Seconded for Passage
Vote: 9-0
Councilors Voting Yes: Blanchette,
Bronson, Gratwick, Hawes, Nealley,
Palmer, Stone, Weston & Wheeler,
Councilors Voting No: None
PAsed
`-� CITY CLERK
#14-049
(TITLE,) ter 165, Land
n8velonment Code, of the Code of the City
-of Ra ��, By AnAnding Exemptions for
Av-PLh�r1r P„hl i r Uti lits Structures
Assigned to Councilor_
1z'
MEMORANDUM
DATE: January 20, 2010
TO: The Honorable City Council
FROM: David G. Gould, Planning Officer
SUBJECT: Amending Land Development Code 165-13 and 165-
30 Auxiliary Public Utility Structures -Council
Ordinance 10-049
Please be advised that the Planning Board at its regularly scheduled meeting on
January 19, 2010 held a public hearing on the above Land Development Code
Amendment.
City Engineer Jim Ring explained the history of the provisions for Auxiliary Public
Utility Structures, how they are defined, and the present proposal to add
additional flexibility to their siting and processing. Mr. Ring noted at the last
public hearing that the Planning Board expressed concerns as to deleting public
notice and site plan review for auxiliary structures. The language was amended
to delete the exemption from site plan review.
There were no proponents or opponents from the public in attendance.
Planning Board Members thanked Mr. Ring for addressing their concerns so
quickly.
The Planning Board voted unanimously to recommend the proposed
amendment to the definition and changes to Auxiliary Public Utility Structures
contained in language under C.O. 10-049.