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HomeMy WebLinkAbout2010-08-23 10-292 ORDINANCECOUNCIL ACTION Item No. Date: August 23, 2010 Item/Subject: ORDINANCE, Amending Chapter 165 of the Code of the City of Bangor by Adding Article VA, Miscellaneous Uses, Adding § 165-31.1, Community Gardens, and Collecting Other Miscellaneous Uses Under the New Article Responsible Department: Legal Commentary: Interest has been expressed in allowing community or neighborhood gardens in the City of Bangor. Under the Land Development Code, a garden is currently allowed as an accessory use to a house or other building, but a group of citizens would not be able to use a vacant lot as a garden or series of small gardens. Staff has been working to craft an ordinance that would allow for community or neighborhood gardens. Provisions suggested for inclusion include: Allowing the gardens in any district unless prohibited due to natural resource protections; Allowing small structures accessory to the gardens; and Prohibiting retail sales. The proposed ordinance would also create a new Article in the Land Development Code entitled "Miscellaneous Uses", to which several existing LDC sections will be moved. These other changes eliminate certain redundant portions of the ordinances and should make the LDC easier to use, and are not substantive. The Infrastructure Committee recommends this ordinance amendment. One minor change has been made since the IC meeting, in that Auxiliary Private Wind Turbines are now being moved to the Accessory Uses section rather than to the new Miscellaneous Uses section. Department Head Manager's Comments: Interim City Manager Associated Information: Budget Approval: Finance Director Legal Approval: City Solicitor Introduced for Passage x First Reading X Referral to Planninq Board on September 7, 2010 at 7pm Y a^ August 23, 2010 Assigned to Councilor - Hawes CITY OF BANGOR o (TITLE.) ORDINANCE, Amending Chapter 165 of the Code of the City of Bangor by Adding Article VA, Miscellaneous Uses, Adding § 165-31.1, Community Gardens, and Collecting Other Miscellaneous Uses Under the New Article WHEREAS, community gardens tend to promote the health of Bangor's citizens and the aesthetic qualities of its properties; WHEREAS, various miscellaneous property uses are currently scattered throughout the City's Land Development Code; and WHEREAS, in order to promote ease of use of the Code, these uses can be collected in a single article of the Code; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT, The Code of the City of Bangor be amended as follows: § 165-13. Definitions. For the purpose of interpreting this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein: COMMUNITY GARDEN -- A plot of tilled soil, not accessory to another use or structure where one or more individuals Plant and maintain flowers vegetables or other plants •' -I -0 WAT&I &WAI- - LL•Y��: Y��Y.w �.�� J_Jii�wii���w ■iil.+�•li�:.��,.�i.11.f L-Mr`Ls �:��.iYw�wil•Y: r r M'..-1 ANAW&M&M PIPA&M.A.M.10k. a I �lt•.I tlls. \w i �.. \Ri �'1 l� \+l ��1 i (• I i � i i \ww �. i \�i��li ..l l �w i i \' i lr�iJ f �11q \w \��' is ! �ir�-/ � ARTICLE V, Accessory Uses and Structures § 165-29. Temporary promotional activities. 6 165-29.1. Auxiliary private wind turbines. A. Purpose It is the purpose of this section to promote the safe effective and efficient use of small wind energy systems installed to reduce the on-site consumption of utility -supplied electricity. B. Zones where allowed. Small wind energy systems shall be allowed as accessory structures in all zoning classifications except P&0 RP and SPD subiect to all other applicable provisions of this chapter. C. Maximum wind turbine tower height. Tower height shall not exceed the maximum allowable height for any structure in the underlying zoning district except that in RR&A the maximum tower height shall be 80 feet if the lot size is between 1 1/2 acres and five acres and 100 feet if the lot size is greater than five acres Nothing herein shall be construed to preempt any height limitations imposed by FAA regulations. D. Setback. The base of the wind system structure shall be set back from all property lines a minimum distance equal to the height of the wind system structure including fully extended blades E. Noise. Small wind energy systems shall not exceed 60 dBA as measured at the property line The level, however, may be exceeded during short-term events such as utility outages and/or severe wind storms. F. Approved wind turbines. All small wind turbine designs must be approved by the Emerging Technologies program of the California Ene[gy Commission or any other small wind certification program recognized by the American Wind Energy Association G. Compliance with International Building Code Building permit applications for small wind energy systems shall be accompanied by standard drawings of the wind turbine structure including the tower, base, and footings. An engineering analysis of the tower showing compliance with the International Building Code and certified by a licensed professional engineer shall also be submitted. Wet stamps shall not be required. ^ H. Compliance with FAA regulations Small wind energy systems must comply with applicable FAA regulations including any necessary approvals for installations close to airports I. Compliance with National Electric Code Building permit applications for small wind enerav systems shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code. J. Utility notification. No small wind energy system shall be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer -owned generator. Off -arid systems shall be exempt from this requirement. K. Land development permit A land development permit shalt be required for a small wind enerav system if required by Article XVI. ARTICLE VA. Miscellaneous Usgs § 165-30. Auxiliary public utility structures. § 165-31. Temporary sales of food or merchandise. A. Temporary sales of food or merchandise are expressly limited to: (1) Itinerant commercial vendors who sell from mobile or movable vehicles carts or stands which are completely removed from the site on which they are located each day and operate only between the hours of 6.00 a m and 10.00 p.m. (2) Itinerant commercial vendors who: (a) Remain on a site for a period of time not to exceed 150 days; (b) Make no new fixed or permanent improvements to the site but shall be permitted temporary electrical service as defined under the National Electric Code; (c) Sell only unprocessed agricultural marine or forest products except in the Waterfront Development District, where sale of food is also allowed; and (d) Operate only between the hours of 6.00 a m and 10.00 p.m. AB. Temporary sales of food or merchandise shall be required to obtain a certificate of occupancy but shall be considered a temporary use of land for which a land development permit is not required. BC. Temporary sales of food or merchandise shall only be permitted in the following districts: Urban Service District, Shopping and Personal Service District, General Commercial and Service District, Downtown Development District, Waterfront Development District, Urban Industry District and Industry and Service District. GD.In all of the districts indicated in Subsection B above except the Waterfront Development District, only one itinerant commercial vendor shall be permitted per lot In the Waterfront Development District, no more than four itinerant commercial vendors shall be permitted per lot. No more than 10 commercial vendors total shall be permitted in the entire Waterfront Development District. $E.Temporary sales of food or merchandise shall meet the following conditions: & 165-31.1. Community Gardens. A Community Gardens are allowed in any district unless specifically prohibited due to tilling in proximity to protected natural resources (e.g. due to Shoreland Zoning reguirements). B. Community Gardens may utilize accessory structures of less than 250 square feet that conform to the setback and development standards of the district in which it lies. C. Community Gardens may not include a retail sales component. ARTICLE VI, Quarries, Excavations and Earthmoving Activities ARTICLE XVIII, Subdivision of Land -TWOTMINwWinMMUMPArl 2 LAA _ _ -FIVIM Tp MT TMM 751= or Tor= In - - -TWF-T- - - - .110111L -Tpqm M -T IN CITY COUNCIL August 23, 2010 Fir t Reading & Referral to Planning B d of 9/7/10 at 7pm ITY CLERK IN CITY COUNCIL September 13, 2010 Motion Made and Seconded for Passage Vote: 7-0 Councilors Voting Yes: Blanchette, Bronson, Nealley, Palmer, Stone, Weston & Wheeler Councilors Voting No: None Coulors Absent: Gratwick 6 Hawes Pas ed CITY CLERK ft-. 'I nRnTN_A1dCE (T1TL$,) ndin Chapter 165 of the Code ..f rhP r_.i tv of Bangor by Adding Article _VA_ Miscellaneous Uses, Adding section —165-31.1, Community Gardens, and Collecting other Miscellaneous Uses under the New Article Assigned to Councilor MEMORANDUM DATE: September 8, 2010 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending the Land Development Code, Chapter 165, Section 165-13 — Definitions — to add Community Garden; to establish Chapter 165, Article VA - Miscellaneous Uses; to move Temporary Sales of Food or Merchandise from Section 165-13 — Definitions to Article VA — Section 31; to add under Section 165-31.1 Community Gardens and to move Auxiliary private wind turbines from Section 165- 130.1 to Section 165-29.1. City of Bangor, applicant. C.O # 10-292. Please be advised that on September 7, 2010 the Planning Board held a Public Hearing on the above Land Development Code Amendment. Planning Officer David Gould explained that the amendment came about to add a definition for Community Garden and to create a section within the Land Development Code for this use and for other similar uses. The amendment adds Article VA — Miscellaneous Uses and in a "housekeeping" effort moves Temporary Vendors, Auxiliary Public Utility Structures and Wind Turbines from within the Land Development Code to this new Section. Staff felt that the proposed language clarifies that community gardens are allowed most everywhere whether accessory or not and moving several accessory uses that were scattered throughout the Land Development Code into a unified section was a basic "housekeeping effort." Staff recommended that the Board make a positive recommendation to the City Council. No one spoke either in favor of or in opposition to the proposed zoning amendment. The Board voted unanimously to recommend the proposed amendments to Sections 165-13 Definitions and Article VA — Miscellaneous Uses as contained in C.O. #10-292.