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HomeMy WebLinkAbout2015-11-09 16-013 ORDINANCECOUNCIL ACTION Item No. 16-013 Date: November 9, 2015 Item/Subject: ORDINANCE, Amending Chapter 165, Land Development, of the Code of the City of Bangor, By Defining and Regulating Landscaping as a Use in the Rural Residence and Agricultural (RR & A) District Responsible Department: Legal Commentary: This ordinance amendment would define and regulate landscaping service businesses as a use in the Rural Residence and Agricultural District. The City has traditionally included landscaping businesses under the umbrella of agricultural uses in the RR&A District. Recently concerns have been raised about the impact of such businesses and their proximity to residential properties. After a number of meetings with the public, the Planning Board, and the Business and Economic Development Committee, these proposed ordinance amendments have been drafted. The attached ordinance is intended to address these concerns by providing a definition of landscaping, separate provisions for small and large landscaping businesses, and setback and buffer requirements. Landscaping businesses currently operating legally within the district will be grandfathered. Department Head Manager's Comments: City Manager Associated Information: Ordinance Budget Approval: Finance Director Legal Approval: licitor Introduced for Passage x First Reading x Referral to the B&ED Committee and the Planning Board on November 17, 2015 16-013 NOVEMBER 9, 2015 a Assigned to Councilor Baldacci CITY OF BANGOR RgiEO, EF'/ (TITLE.) Ordinance, Amending Chapter 165, Land Development, or the Code of the City of Bangor, By Defining and Regulating Landscaping as a Use in the Rural Residence and Agricultural (RR & A) District WHEREAS, landscaping service businesses have traditionally been considered as an agricultural use in the Rural Residence and Agricultural District (RR&A); WHEREAS, concerns have been raised regarding the proximity of such businesses to residences in the RR&A District; and WHEREAS, the needs of landscaping businesses must be balanced with the concerns of residential property owners; NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS: That Chapter 165, Land Development of 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: LANDSCAPING SERVICES Onsite and offsite business activities related to planting bed preparation, installation of landscaQg materials. and attendant maintenance activities. A small landscaping services business may have no more than four employees including the owner, while a large landscaping services business may have any number of employees. Landscaping includes: A. Raising, planting, and caring for plants, shrubs, and trees: B. Mowing, irrigation, raking, rolling and reseeding of lawns; C. The application of fertilizers. Desticides, herbicides, and disease control agen D. Construction and maintenance of IandscaDina features. such as flower beds. patios, fountains, and decorative pools; and E. Snow removal. 16-013 NOVEMBER 9, 2015 § 165-105. Rural Residence and Agricultural District (RR & A). A. Statement of purpose. The Rural Residence and Agricultural District is established to preserve in agricultural use lands where urban development is generally not feasible because of the absence of public utilities and community facilities. As these utilities and facilities become available within the urban development boundary and a demand for urban land use develops, a change of zoning from agricultural to other districts may be made. Minimum lot sizes in this district are also intended to preserve the quiet, rural atmosphere and to conserve property values. B. Basic requirements. Buildings or land used or occupied and builings or structures erected, constructed, reconstructed, moved or structurally altered, whether permitted uses or conditional uses, shall comply with the requirements of this section, Articles II through XII and the specific development standards of Article XIX of this chapter. C. Permitted uses. The following uses are permitted in this district: (1) Agriculture. (2) The sale of farm, nursery, dairy or poultry products within a structure having a gross floor area of not more than 500 square feet. (3) Sale of farm products where: (a) The retail area shall not exceed 2,500 square feet. (b) The property is located on a major arterial street. (c) The property is a working farm. (4) One -family dwellings and one -family detached manufactured housing units. (5) Home occupation or profession (subject to the requirements of Article IV). (6) Municipal uses. (7) Public utility and public service uses. (8) Community living arrangements, in accordance with 30-A M.R.S.A. § 4357-A, as may be amended. (9) Cluster subdivision for detached single-family dwellings, provided that: (a) Such project has a minimum of five acres. 16-013 NOVEMBER 9, 2015 (b) Provision is made for the maintenance in perpetuity of open space areas in such a project. (c) Such project receives approval under Article XVI of this chapter. (10) Cellular telecommunication towers, provided that: (a) They do not exceed 195 feet in height, or the minimum height required under federal law, whichever is greater. (b) They are set back from property lines a minimum of 100% of the tower height. (c) They conform to the requirements of § 165-80.1. (11) Bed -and -breakfasts, provided that: (a) Meals provided are limited to patrons and their guests. (b) It is limited to a maximum of 10 guest rooms. (c) It provides, at a minimum, an A Buffer Yard or an equivalent of existing woody vegetation to buffer neighboring properties. (d) The applicant demonstrates compliance with the State Plumbing Cale for the proposed number of units. (12) Small landscaping services business. provided that: (a) The landscaping services use is accessory to the primary use of the parcel as a residence. U Facilities, equipment, and storage areas are located at least 50 feet from the property line of any other parcel. (c) At least 50 feet of existing or planted woody vegetation creating an effective Visual barrier must be provided between facilities, equipment, and storage areas and the QropgM line of any adjacent parcel. (M No more than four people, including the owner, may be employed or used as independent contractors by the landscaping services business. Le,) A stockade fence at least six feet in height must enclose any storage or parking area on any side not facing a building on the parcel or a street adjacent to the parcel. (13) Accessory uses on the same lot and customarily incidental to and subordinate to the above uses and any use approved under Subsection D below. 16-013 NOVEMBER 9, 2015 D. Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district: (1) Excavations of soil or loam, provided that they meet the requirements of Article VI. (2) Animal pounds, kennels, animal hospitals, animal clinics, and animal crematoria, provided that such facilities are located at least 100 feet from any residential district and at least 150 feet from any residential building on an adjoining parcel. (3) Tenting and camping areas, golf courses and driving ranges (except miniature golf courses), provided that: (a) They are located on the following arterial highways: Route 15 (Broadway) and Route 222 (Union Street), (b) Such facilities are set back at least 50 feet from the street right-of-way line. (c) Access drives are so located and designed to provide free, unobstructed views of vehicles from the drives and from the street and adequate stopping sight distances to such drives are available on the street. (4) Reconstruction of mobile home parks established prior to 1971, provided that, (a) They have water service from the Bangor Water District sewer service from the City of Bangor and a minimum of 25 mobile home spaces. (b) The reconstruction is done consistent with the requirements of § 165-1210. (5) Places of worship, provided that such site development is located on a major arterial street. (6) Cemeteries, provided that they meet the requirements for access drives in Subsection D(3)(c) above and conform to state statutes. (J7 Large landscaping services business, provided that: Ua The property is five acres or larger in area. Ub The property is on a major arterial street. Uc Facilities, equipment, and storage areas are located at least 150 feet from the gropertx tine of any other parcel. fid,) A stockade fence at least six feet in height must enclose any storage or parking area on any side not facing a building on the parcel or a street adjacent to the parcel, or, in the alternative at least 50 feet of existing or planted woody vegetation creating an effective visual barrier must be grovided between facilities equipment, and storage areas and the property line of any adjacent parcel. 16-013 NOVEMBER 9, 2015 Additions are underlined, deletions st=ack through. IN CITY COUNCIL NOVEMBER 9, 2015 FIRST READING AND REFERRAL TO PLANNING BOARD MEETING OF NOVEMBER 17, 2015 CITY CL RK IN CITY COUNCIL DECEMBER 14, 2015 MOTION MADE AND SECONDED FOR PASSAGE VOTE: 9-0 COUNCILORS VOTING YES: BALDACCI, DURGIN, GRAHAM, NEALLEY, NICHOLS PERRY, PLOURDE, SPRAGUE, FAIRCLOTH COUNCILORS VOTING NO: NONE PASSED CITY CLERK 16-013 MEMORANDUM DATE: December 7, 2015 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SU133ECT: Amending Zoning Ordinance Chapter 13 Definitions, and Chapter 165-105 Rural Residence and Agricultural District. Council Ordinance 16-013 Please be advised that the Planning Board at its meeting on December 1, 2015, held a Public Hearing on the above Zoning Amendment to include Landscaping Services as a permitted and conditional use in the Rural Residence and Agricultural District. Chairman Bolin opened the Public hearing and Assistant City Solicitor Paul Nicklas provided the Board with an overview of the proposed amendment. The amendment seeks to clarify landscape services as a permitted use and as a conditional use in the Rural Residence and Agricultural District (RR&A District). For many years the Code Enforcement Office has viewed landscaping service (mowing, planting, maintenance and care of plants) as an agricultural use in the RR&A District. The amendment seeks to better define that use and provide some basic development guidelines to insure its compatibility with other uses in the district. Landscaping will be large and small and conditional and permitted uses accordingly. The distinction is in number of employees capped at 4 as a permitted use that would be accessory to a residential use being a small landscape business. Larger operations must be located on five acres and a Major Arterial Street. Member McCarthy asked what would become of the Ohio Street Landscaping Company which is in pending litigation. Mr. Nicklas noted that should the courts rule that the business is not allowed then it would need to comply with the current regulations for a Small Landscape Business (that before the Board). Member Miller asked, if adopted, when would the new regulations become effective. Attorney Nicklas noted that all Ordinance amendments are effective 10 days after passage. Chairman Bolin asked if there was anyone present who wished to speak in favor of or in opposition to the proposed amendment. Mary Tedesco Schneck, of 2078 Ohio Street, noted that she appreciated the work the City had put into working with the interested parties. She stated that the District is largely one of rural homes and agricultural activities and she could understand how a landscaping business might fit in, but she did not feel that a snow plowing business i which is not accessory to a landscaping concern fit in. She asked if an existing landscape business could add additional services which they may not be doing now. Mr. Nicklas noted they could operate any element under the proposed definition of landscape business. She also noted through the debate that some landscape businesses may not have the appropriate permitting that they should and wondered if the language should include a requirement that such businesses obtain a Certificate of Occupancy such that it would be clear what activities could take place on the property. As no one else spoke, Chairman Bolin closed the Public Hearing. Member Kenney asked if the Board could further amend the language to include any of Ms. Tedesco Schneck's comments. Planner Gould noted that the Board needs to evaluate all the details of the amendment and determine if it wants to recommend adoption or not. The report to the City Council will include the Board's discussion, but the Board's vote needs to be up or down. Member Boothby moved to recommend amending Zoning Ordinance 165-13 Definitions, and Chapter 165-105 Rural Residence and Agricultural District as contained in Council Ordinance 16-013. Member Kenney seconded the motion and the Board voted unanimously to recommend the proposed amendment to the City Council.