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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 erl�ni�, fet<o r ;ed Avk? amf 1' 17 f°G�%4l 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 0 4iEr RD,FE r (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.