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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 M1 A4' i�ED'FEO,t� (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.