HomeMy WebLinkAbout2009-04-27 09-144 ORDINANCECOUNCIL ACTION
Item No. 0 9 14 41
Date: April 27, 2009
Item/Subject: Ordinance, Amending Land Development Code, Chapter 165, Section
165-92 D and Section 165-93 D — Urban Service District and
Downtown Development District
Responsible Department: Legal
Commentary:
This amendment is done in conjunction with the change in the Land Development Code, Chapter
165, Section 165-13, Definitions. It replaces the term nightclub, dance hall or disco with bar,
tavern or lounge. It also corrects an oversight when the ordinance was last amended by
providing that the businesses can be open until 2:30 a.m. on New Year's. Under state law,
establishments are allowed to serve liquor for an additional hour on New Years, and this change
will harmonize our ordinance with state law.
Department Head
Manager's Comments: TN �Q� ,n n� vw-�G,-Q -p
City Manager
Associated In rmation:
Budget Approval:
Finance Director
Legal Approval:
City Solicitor
Introduced for
Passage
X (First Reading Page _ of _
X Referral to Planning Board May 19, 2009 @ 7 p.m.
q 14
A BA `S'
°" Assigned to Councilor Bronson April 27, 2009
CITY OF BANGOR
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(TITLE.) Ordinance, Amending Land Development Code, Chapter 165, Section 165-92 D and Section
165-93 D — Urban Service District and Downtown Development District
WHEREAS, the City Council has received numerous complaints regarding noise and behaviour of
patrons of businesses in the downtown; and
WHEREAS, the downtown, zoned Downtown Development District and Urban Service District, includes
approximately 500 hundred residential units; and
WHEREAS, it is in the best interest of the citizens of Bangor to strike a balance between the needs of
the bars, taverns and lounges located in the downtown and the residents; and
WHEREAS, because bars, taverns and lounges can not serve alcohol after the hour of 1:00 a.m. and
residents are entitled to be free from disturbances in their homes after that hour, limits on
the hours of operation of bars, taverns and lounges in the downtown are appropriate and
In the interest of public health, safety, and welfare;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR
That the Land Development Code of the City of Bangor is amended as follows:
DDD 165-93 D Conditional Uses
(5) Bar, tavern or lounge, provided that:
(a) Such use must have established hours of operation which specifically define the time during
which said use may be allowed to operate. Such hours will be a condition of approval under this
section. In no event shall such hours of operation begin before 7:00 a.m. or end after 1:30 a.m.
except that the hours of operation may end at 2:30 a. m. on January 11 of each year.
(b) Such use must establish a maximum occupancy which will specifically limit the number of persons
allowed within the building at any one time, and such occupancy limit will be a condition to any
approval under this section.
(c) A noise limit will be established such that the maximum of 65 dBA will not be exceeded in any
abutting structure, on abutting property or within the public right-of-way or any public area. .
USD 165-92 D Conditional Uses
(8) Bar. tavem or lounge, provided that:
(a) Such use must have established hours of operation which specifically define the time during which
said use may be allowed to operate. Such hours will be a condition of approval under this section.
In no event shall such hours of operation begin before 7:00 a.m. or end after 1:30 a.m.
IN CITY COUNCIL
April 27, 2009
First eading and Referred
to t e Planning Board
CLERK
IN CITY COUNCIL
May 27, 2009
Passed
Motion Made and Seconded for Passage
Vote: 9-0
Councilors voting yes: Blanchette,
Bronson, D'Errico, Gratwick, Hawes,
Nealley, Palmer, Stone and Wheeler
Councilors Voting No: None
# 09-144
(TME Amending T.and flpvelnIment Code.
Chapter 165, Section 165-92D and Section
165-91 n - Urban Corvire Ttistriet and
Downtown Development District
Assigned to Councilor
�94t"
(b) Such use must establish a maximum occupancy which will specifically limit the number of persons
allowed within the building at any one time, and such occupancy limit will be a condition, to any
approval under this section.
(c) A noise limit will be established such that the maximum of 65 dBA will not be exceeded in any
abutting structure, on abutting property or within the public right-of-way or any public area.
(d) The applicant must demonstrate that sufficient parking of one parking space for each four
persons of established maximum occupancy is available during the hours of operation to serve
the establishment's patrons. Such parking spaces must:
[1] Be located within 500 feet of the building housing the use; and
[2] Be under the control of the operator or owner of the establishment as evidenced in a binding
written agreement between operator and the owner or his/her agent of the parking premises)
and/or must be public parking which is available during the hours of operation as determined by
the City of Bangor City Engineer.
STATEMENT OF FACT: Additions are underlined. Deletions are straek through.
MEMORANDUM
DATE: May 20, 2009
TO: The Honorable City Council
FROM: David G. Gould, Planning Officer
SUBJECT: Amending Land Development Code 165-92D and
165-93D
Council Ordinance 09-144
Please be advised that the Planning Board at its regularly scheduled meeting on
May 19, 2009 held a Public Hearing on the above Land Development Code
Amendment.
City Solicitor Norman Heitmann provided an overview of the proposed Land
Development Code Amendment. Mr. Heitmann indicated that this amendment
is to update the conditional use standards that apply to bars, taverns, and
lounges and other similar establishments in the Downtown Development District
and the Urban Service District. Mr. Heitmann discussed the proposed closing
hours indicating that the State requires that places that serve alcohol are
required to close at 1:00 a.m. except on News Year Eve when they are allowed
to stay open until 2:00 a.m. The amendment also allows for an extra one-half
hour for patrons to leave the premises to avoid any violations.
No one spoke either in favor of or in opposition to the proposed zoning
amendment.
Planning Officer David Gould indicated that this amendment to the conditional
use standards in Downtown Development and Urban Service Districts would
provide specific standards (hours) for bars, taverns and lounges, and other
similar establishments in those districts. Staff recommended that the Board
recommend approval of this clarifying amendment as contained in C.O. # 09-
144.
The Board voted six in favor and none opposed to recommend the proposed
language to the City Council as contained in C.O. # 09-144.