HomeMy WebLinkAbout2015-04-13 15-137 ORDINANCECOUNCIL ACTION
Item No. 15-137
Date: April 13, 2015
Item/Subject: ORDINANCE, Amending Chapter 165, Land Development, of the Code of the
City of Bangor, By Amending Zoning Requirements for the Low -Density
Residential Parcels and High Density Residential Parcels and by Amending
Schedule B
Responsible Department: Planning
Commentary:
This ordinance amendment would amend the zoning requirements for the Low Density
Residential District (LDR) and the High Density Residential District (HDR). This amendment
would also amend Schedule B to reflect changes made to the Low Density Residential District
and the High Density Residential District.
The LDR changes reflect an adjustment to the minimum lot size for cluster developments and
the elimination of Zero Lot Line development which has not show any likelihood of being used.
The HDR changes are a realignment of housing types and densities to reflect our current
experience with multi -family housing in Bangor.
/s/ Tanya L. Emery
Department Head
Manager's Comments:
For Referral to the Planning Board Meeting of April 21, 2015
ern- �Q i
City Manager
Associated Information: Ordinance
Budget Approval:
Finance Director
Legal Approval: 5
City Solicitor
Introduced for
Passage
x First Reading
x Referral to Planning Board on April 21, 2015
15-137
APRIL 13, 2015
r Assigned to Councilor Baldacci
CI`T"Y OF BANGOR
4 D FE0rf1
ORDINANCE, Amending Chapter 165, Land Development Code, of the Code of the City of Bangor,
By Amending Zoning Requirements for Low -Density Residential Parcels and High
Density Residential Parcels and By Amending Schedule B
WHEREAS, the Low -Density Residential District provides for detached single family housing in
developing areas of the City and attached residential units under certain conditions and;
WHEREAS, a few elements of the district have not been undertaken since there adoption in 1991 or
have resulted in undesirable results the proposed amendment seeks to undertake some adjustments to
correct those conditions; and;
WHEREAS, the High Density Residential District is intended to accommodate high density residential
development in the developing areas of the city;
WHEREAS, over time the housing types and associated development densities have been left
undefined and provided a somewhat disorganized development scheme;
AND WHEREAS, the amendment seeks to create uniform density standards and eliminate these
existing inconsistencies
BE TT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT
Chapter 155 of the Code of the City of Bangor be amended as follows:
§ 165-95. Low -Density Residential District (LDR).
A. Statement of purpose. The Low -Density Residential District is established to provide for both
traditional and innovative family living on both individual kAinq lets and group in attached
development arrangements and to promote a stablehealthy and desirable family living residential
environment.
B. Basic requirements. Buildings or land used or occupied and buildings 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 )CII and the specific
development standards of Article XIX of this chapter.
C. Permitted uses. The following uses are permitted in this district:
(1) Single family detached dwellings, A single building containing one dwelling unit.
(2) Home occupation or profession (subject to the requirements of Article IV).
15-137
APRIL 13, 2015
(3) Community living arrangements, in accordance with 30-A M.R.S.A. § 4357-A, as may be
amended.
(4) Cluster subdivision for detached one dwelling unit buildings, provided that:
(a) Such prajeet subdivision contains a minimum area of three acres.
(b) Overall density shall not exceed three dwelling units per gross acre.
The minimum lot size is 8,000 sguare feet.
(e) (M Provision is made for the maintenance in perpetuity of open space areas in such a
project.
(d) (M Such project receives approval under Article XVI of this chapter.
(e) (Q Such project has water service from the Bangor Water District.
Lots less than one acre shall be served by sewer service from the City of Bangor.
(5) Accessory uses on the same lot and customarily incidental to and subordinate to the above uses
and any use approved under Subsection D below.
D. Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following
uses may be permitted in this district:
(1) Attached residential, provided that:
(a) Such preject-sitg develoQment contains a minimum area of three acres.
Ub Such site development does not exceed five dwelling units pgr acre.
(b) (g) Such pFeje site development meets the requirements for such a development in Article
XM
fe) (M Such site development receives approval under Article XVI.
(d) Ue Such prejectsite develo mend has water service from the Bangor Water District.
(e) (Q Such prejeet site development has sewer service from the City of Bangor.
(-2) ZeFe let line detaehed residential, pmyided that;
i•1 d!iRl�•1♦•�!\Ail�l'��17-i�1�1\y 1w•l•If �-1��\M 11�!�l►�Stl lwlt'•1••l`ti'.►-il�]•d�ll�f1/3li tarliS\w \��•�•�f1
�G9ii�li�->•�l�f'i�f iii pili lY'Iil7 �Wll`i�'iTi+.lel yl ��.r'i•lt•1�\�l'wif �ll�l�l l'WA W�i`'!n
15-137
APRIL 13, 2015
(2) (Reserved)
(3) One -family detached manufactured housing unit complex, provided that:
(a) Such pFajee site development contains a minimum land area of five acres.
U Such site development does not exceed three and one-half dwelling units per acre
{b) jc� Such project meets the requirements for such a development in Article XIX.
{e) (M Such site development receives approval under Article XVI.
(4) (Reserved)
(5)(Reserved)
(6) Places of worship and nursing homes, provided that:
(a) They are located on a major arterial street..
(b) They meet the requirements of Article XIX.
(c) The site development receives approval under Article XVI.
(d) The site has an impervious surface ratio of no more than .30.
E. Prohibited uses. Any use not specifically permitted in this section'or in Articles II through XII of this
chapter is prohibited.
BE IT ORDAINED BY THE CIiY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT
Chapter 165 of the Code of the City of Bangor be amended as follows:
§ 165-100. High -Density Residential (HDR).
A. Statement of purpose. The High -Density Residential District is established to provide for single-
family dwellings and a wide variety of multifamily and group housing arrangements and to promote
a stable, and healthy and dgsirable family living residential environment.
B. Basic requirements. Buildings or land used or occupied and buildings or structures erected,
constructed, reconstructed, moved or structurally altered, whether permitted uses or conditional
uses, shall comply with the requirements of this section, Articles H through XII and the specific
development standards of Article XD( of this chapter.
C. Permitted uses. The following uses are permitted in this district:
15-137
APRIL 13, 2015
(1) Gne family, twe family, three family and feur family dwellings A single building containing one
dwelling unit.
(2) Attaehed residential One or more buildings containing two to six dwelling units.
(3) ZeFe let line detaehed residerMal eemplex en a minimurn site ef Rye ae One or more
buildings containing seven to twelve dwelling ni provided the parcel is a minimum of two
acres in size.
(4) Home occupation or profession (subject to the requirements of Article N).
(5) Community living arrangements, in accordance with 30-A M.R.S.A. § 4357-A, as may be
amended.
(6) Group day-care or nursery school.
(7) Accessory uses on the same lot and customarily incidental to and subordinate to the above uses
and any use approved under Subsection D below.
D. Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following
uses may be permitted in this district:
that;
{a} Sueh develepment eentains a minimum land aFea ef five aeFes;
{.} GVeFall density ef the deyelepment shall net emeeed eight dwelling units peF gress aeFe.
.
U One or more buildings containing thirteen to thirty dwelling units, provided that the parcel is a
minimum of three acres in size.
(2)
fa3Such deyelopment eentai m land area ef fiye aeFes;
units.Ne building eentains meFe than 30 dwelling
(e) GveFall density shall not exeeed 10 dwelling units peF aeFe.
(d) .
(3) ( 4� Mobile home parks, provided that:
(a) They meet the requirements of Article XVII.
15-137
APRIL 13, 2015
(b) They have sewer service from the City of Bangor.
(c) They have water service from the Bangor Water District.
(d) They contain a minimum of 25 mobile home spaces and a minimum land area of five acres.
U Thgy do not contain more than six mobile homes per acre of lotted area
(e) fQ. They receive site development approval under Article XVI.
e
l"t
grade, Ne building contains meFe than 50 dwelling units (altheugh sueh buildings may beeenneeted to other buildings with at
f -1j A6eye gFade walkways must enly be used feF aeeessert us j egFess between
design.
M Abeve gFade walkways must 6e designed with a minimum ef 50% glazing peF exteFief
building'swall. The glazing e� said walkways must net be feund by the BeaFd te be darkened eF
width.f4i Abeve grade walkways must net emeeed 19 feet in
Abeve gFade walkways must be effset ffem !aFge exterier facades ef the buildings th
Lam'!
they eenneet-.
Lq Abeve gFade walkways must use a Feef treatment that minimizes theiF e)Eterier bul
(e) :Me Fequirements ef Artiele MX feF this type ef housing are met.
U Congregate housing including subsidized housing for the elderly. provided that:
jai The site development contains a minimum of two acres.
Ub No building contains more than 190 dwelling units.
Development density does not exceed 25 dwelling units per acre
Buildings in excess of 50 units shall include two or more architectural elements minimizing
building ulk and mass from the following -list,
U1 Changes in facade materials.
15-137
APRIL 13, 2015
W Changes in color..
IM Changes in alignment of building facades.
(M Cluster subdivision for buildings containing one dwelling unit, provided that:
Ua The s bdivisi n contains a minimum 1pt@l site develo went area of five acres.
The subdivision is served by both sewer service from the Cid of Bangor and water service
from the Bangor Water District.
Ucc The subdivision and related buildings shall be subject to conditional use review including
architectural guidelines included in development covenants and deed restrictions such as a
Homeowners, Association or other means. The construction of each individual structure does
not reuire sep@rate conditional use review.
(5) Places of worship and nursing homes, provided that:
(a) They are located on a major arterial street..
(.
H Ub The site development receives approval under Article XVI.
(d) .40.
(6) Public service and public utility uses, provided that:
(a) Such use is necessary to the viability of the area or the community..
(b) Such use is designed and sited so that it will not adversely affect adjacent uses because of
too close proximity of architecturally incompatible structures or other visual impact.
(7) Day-care center, provided that:
(a) Such use will provide a G B Buffer Yard along any property line within 50 feet of any
residential structure or a-8 an A Buffer Yard along any property line abutting any residential
zoning district.
(b) Such use will not be located in a structure which is
height than more than 175% the size of existing residential structures located on abutting
parcels in hgight or Gross Floor Area.
E. Prohibited uses. Any use not specifically permitted in this section or in Articles II through XII of this
chapter is prohibited.
AND, THAT Section 165-135. Schedule B he amended as attached.
15-137
APRIL 13, 2015
Additions are underlined, deletions stmek-through.
City of Bangor
15-137
APRIL 13, 2015
Schedule B Developing Area
Minimum
Max.
Lot Area
Minimum
Minimum Minimum
Dwelling
dwelling
Max.
Min. lot
(square
Front Yard
Side Yard Rear Yard
Units Per
units per
Height
Max. lot
Max.
Max.
Min. open
width
Min. Buffer
DISTRICT/Use
feet)
(feet)
(feet) (feet)
Acre
building
(feet)
cov.
F.A.R.
I.S.R.
space
(feet)
Type
LOW DENSIY RESIDENTIAL (LDR)
Permitted uses
Buildings containing
one unit dwelling
Home occupation
Community living
arrangement
12,000
25
10 -1' 20 }'
31/2
1
35
20%
NA
0.3
NA
100
NA
Cluster Subdivision
for ` etaehed __ gl
fafflily dwellings
-
buildings containing
one dwelling unit
(minimum 3 -acre site)
35% of
[Article XIV, 165-
gross
99C(4)]
8,000 WA-
25
10 }' 20
3
1
35
20%
NA
0.3
acreage
NA 75
NA
Conditional uses
fef attached
residential dwellings
(minimum 3 acre
35% of
site)[Article XIV, 165-
Gross
991)(1)]
30
20 25
5
6
35
25%
NA
0.3
Acreage
100
A
�p-Cprrtn�
ZeFe i • line
detached FesbdeRtia'
IGC
6,900 F
n side;
v�vrr�:ric+�
1-G-
Ai4*ele XIV,
9913(2)]
� 5
aefesite)
20
cmocite
side 15
-1
3-5
39%
NA
8:40
NA
399
NA
15-137
City of Bangor APRIL 13, 2015
Schedule B Developing Area
Minimum Max.
Lot Area Minimum Minimum Minimum Dwelling dwelling Max. Min. lot
(square Front Yard Side Yard Rear Yard Units Per units per Height Max. lot Max. Max. Min. open width Min. Buffer
DISTRICT/Use feet) (feet) (feet) (feet) Acre building (feet) cov. F.A.R. I.S.R. space (feet) Type
Manufactured
Housing (buildings
containing one
dwelling unit) on a
minimum of 5 acres 38008 {s-
[Article XIV, 165- acfe-site)
99D(3)] 6,171 25
Places of worship &
nursing homes [Article
XIV, 165-D96)] 20,000 40
HIGH-DENSITY RESIDENTIAL (HDR)
o.._.. Rata uses 34,089 20
Single family and twe
family dwellings 34,000 20
ThFee family and feWF
family dweRirgs 28.888 29
3aefe
Attached s*-dent*a1 FAi ROM UFA
dwei"Res site 28
NA -10% of
Gross
10}'
204'
31/2
1
35
20%
NA
0.3
acreage
2560
A
25
30
NA
NA
35
20%
0.25
0.3
NA
150
B
10
20
12
4
40
3G%
8 5
"
750 SF peF
1,000 SF ef
fieeFafea
7-50 SF peF
400
Nle
3G-2
284
12
4--z'
49
3G%
03
"
1,000 SF of
fleeFafea
X58 SF-peF
100
-NA
ak-
2571.8
4
49
38%
9 5
8:5
1,000
fleeFafea
25% of
490
A
2571
8-ene
2_ -
8
b
33
3G%
-
0:4
gFeSS
aefeage
480
A
side;18
eppesite-
side
W4
2
1
35
35%
Aho
8:5
Aho
50
Aho
15-137
City of Bangor
APRIL 13, 2015
Schedule B Developing Area
Minimum
Max.
Lot Area
Minimum
Minimum Minimum
Dwelling
dwelling
Max.
Min. lot
(square
Front Yard
Side Yard Rear Yard
Units Per
units per
Height
Max. lot
Max.
Max.
Min. open width
Min. Buffer
DISTRICT/Use feet)
(feet)
(feet) (feet)
Acre
building
(feet)
cov.
F.A.R.
I.S.R.
space (feet)
S F
Type
[AFfiele XIV,
19980] WRiFRUM 5 BEFes
Multifamily
2G
W4 i$?
$
$
48
3G%
G.-5
8-.5
/� � �
ef
fieAF afea Nor
500 Com[ r,r.....
$
..'+..�.eHts [A'a'..1e
v 1 i
,165 1 nn D ( 211 MiniffiUfn5aeres
29
20 isr?
19
M
49
3G%
9-.5
1,000 SF--
ef-
f iAAf-aFea 188
between 6
10 . nt
Af-
adjaEent 20 (1i fBF'
FoebileeII7LF'17,000
YWYtlF'
A'� site
(FAWFAWR 8f 2-S- ��pp� (�
{pak
eF pa FIE
I.:I _ h _ m _ _ pa _e aEfersite)
StFUEtWes)
S+-.. s) of
let aFea
1
49
30%
8-b
pa&
s paE2-aF2a site
0��� e
4��0�+
$
XIV, 165 19OD94)4 5 affes
30
W4 25?
2-S
so
49
3"0
feet P
004 NA
750 squaFe
T�
8
nursing hemes[AFtiele
XIV, 'IC[ 10OD [11 20,989
24D
2155 z�
NA
NA
49
3G!v
G-4
S00P
SqUaFe feet-
et f'8
489
$
B; unless
IR 50
feet
Utility 'uses 1T14,900W
40 Z
NA
IA
49
7 9
G-.6
NA i98
abuttiRg-
rc•Went W
,
then G
15-137
City of Bangor
APRIL 13, 2015
Schedule B Developing Area
759 SqUaFe
F^
—et feF
3080
,... aFe feet
of FIS
Minimum
Max.
14,099
Lot Area
Minimum Minimum Minimum Dwelling
dwelling
Max. Min. lot
(square
Front Yard Side Yard Rear Yard Units Per
units per
Height Max. lot Max. Max. Min. open width Min. Buffer
DISTRICT/Use feet)
(feet) (feet) (feet) Acre
building
(feet) cov. F.A.R. I.S.R. space (feet) Type
40 eF
less thaR
existingabutting
feSl eF}tt
759 SqUaFe
F^
—et feF
3080
,... aFe feet
of FIS
Day GaFe r'..nte f
14,099
is
2-0
2-5
44A
NA
StFaEtWe
30%
0-
afea
X00
8
Permitted uses
One unit dwelling
9,000 SF
20
10'
20'
NA
1
35
30%
0_5
0_6
NA
75
NA
Community living
arrangement
Home occupation
Two to six unit
dwellings
12,000 SF
25
10'
25'
NA
6
35
30%
0_5
0_6
NA
85
A
Group day care
nursery school
Seven to twelve unit
dwellings
2 acres2
25
15'
25'
NA
12
40
30%
0_5
0_6
NA
100
A
Conditional uses
13 to 30 unit
dwellings
3 acres3
30
20
30
NA
30
45
30%
0.65
0_6
NA
100
B
5 20
50 per
between
internal
Mobile Home Parks
30 20 for
adjacent
20 10 for
10 percent
lot, 100
(minimum of 25
accessory
mobile
accessory
of lotted
for park
mobile home spaces)
5 acres
structures
homes
structures
1
35
30%
0_5
0.25
area
site
B
DISTRICT/Use
Congregate Housing
Cluster Subdivision
(One unit dwellings)
on a minimum of 5
acres
Places of worship &
nursing homes
Public Service and
Utility uses
Day Care Center
6,171 20
20,000 2S
14,000 20 4
14,000 20
10 7 20 7
25 25
20 4 20 4
20 20
15-137
APRIL 13, 2015
Min. lot
width Min. Buffer
(feet) Type
125 B
15% lotted
subdivision
1 35 50% 0.5 0.35 area 60
NA 40 30% 0_5 0_4 NA
NA 40 30% 0_5 0_6 NA
1,000
NA 35 30% 0_5 0_5 square feet
100
NA
B
100 AS
See 165-100
85 Q(7)
-1 Detaehed Feswdemial aeeesseFy buildings with a ten feet maximum height and
a ene hundFed fifty SqUaFe feet ma)(*MUM gFe55 fleeF aFea may be set baEk Re less than five feet fFeFA side and FeaF let lines.
-2 Detached Fes*demial aeee55eFy buildings with a ten feet FnamirAwn height and
a eRe huRdFed fifty SqUaFe feet m i — fleeF aFea Fnay be set baE'( ne less than five feet fFeFA side and FeaF let IiRe5.
3 OF the minknum height allewed undeF fedeFal law,
1 12.000 SF for the first two units in a building and 3,000 SF for each additional unit in the same buildin
2 27,000 SF for seven dwelling unit buildings and 3,000 SF per unit over seven units in the same building, but not less than a 2 acre site.
3 45,000 SF for 13 dwellings units in a building and 3,000 SF per unit over 13 units in the same building, but not less than a 3 acre site
4 Side and Rear yards shall be increased to 25' for buildings and structures in excess of 5,000 SF
5 Buildings and structures in excess of 5,000 SF Buffer Yard B
6 Or the minimum height allowed under federal law, whichever is greater.
7 Detached residential accessory buildings with a ten -foot maximum height and
a one -hundred -fifty -square -foot maximum gross floor area may be set back no less than five feet from side and rear lot lines.
Additions via underline
City of Bangor
Schedule B Developing Area
Minimum
Max.
Lot Area
Minimum
Minimum Minimum Dwelling
dwelling
Max.
(square
Front Yard
Side Yard Rear Yard Units Per
units per
Height Max. lot Max. Max. Min. open
feet)
(feet)
(feet) (feet) Acre
building
(feet) cov. F.A.R. I.S.R. space
2 acres
30
20 25 25
100
45 30% 1 0.6 NA
6,171 20
20,000 2S
14,000 20 4
14,000 20
10 7 20 7
25 25
20 4 20 4
20 20
15-137
APRIL 13, 2015
Min. lot
width Min. Buffer
(feet) Type
125 B
15% lotted
subdivision
1 35 50% 0.5 0.35 area 60
NA 40 30% 0_5 0_4 NA
NA 40 30% 0_5 0_6 NA
1,000
NA 35 30% 0_5 0_5 square feet
100
NA
B
100 AS
See 165-100
85 Q(7)
-1 Detaehed Feswdemial aeeesseFy buildings with a ten feet maximum height and
a ene hundFed fifty SqUaFe feet ma)(*MUM gFe55 fleeF aFea may be set baEk Re less than five feet fFeFA side and FeaF let lines.
-2 Detached Fes*demial aeee55eFy buildings with a ten feet FnamirAwn height and
a eRe huRdFed fifty SqUaFe feet m i — fleeF aFea Fnay be set baE'( ne less than five feet fFeFA side and FeaF let IiRe5.
3 OF the minknum height allewed undeF fedeFal law,
1 12.000 SF for the first two units in a building and 3,000 SF for each additional unit in the same buildin
2 27,000 SF for seven dwelling unit buildings and 3,000 SF per unit over seven units in the same building, but not less than a 2 acre site.
3 45,000 SF for 13 dwellings units in a building and 3,000 SF per unit over 13 units in the same building, but not less than a 3 acre site
4 Side and Rear yards shall be increased to 25' for buildings and structures in excess of 5,000 SF
5 Buildings and structures in excess of 5,000 SF Buffer Yard B
6 Or the minimum height allowed under federal law, whichever is greater.
7 Detached residential accessory buildings with a ten -foot maximum height and
a one -hundred -fifty -square -foot maximum gross floor area may be set back no less than five feet from side and rear lot lines.
Additions via underline
IN CITY COUNCIL
APRIL 13, 2015
FIRST READING AND REFERRAL TO PLANNING BOARD MEETING OF APRIL 21, 2015
>e-Aj a 4�I' �-
CITY CLERKr
IN CITY COUNCIL
APRIL 27, 2015
MOTION MADE AND SECONDED FOR PASSAGE
VOTE: 9-0
COUNCILORS VOTING YES: BALDACCI, BLANCHETTE, CIVIELLO, FAIRCLOTH,
GRAHAM, NEALLEY, PLOURDE, SPRAGUE, DURGIN
COUNCILORS VOTING NO: NONE
;PbISID
CITY CLERK
15-137
APRIL 13, 2015
MEMORANDUM
DATE: April 22, 2015
TO: The Honorable City Council
FROM: David G. Gould, Planning Officer
SUBJECT: Amending Zoning Ordinance Chapter 165-99 Low Density
Residential District Chapter 165-100 High Density
Residential District and Chapter 165-135 Schedule B.
Council Ordinance 15-137
Please be advised that the Planning Board at its meeting on April 21, 2015, held
a Public Hearing on the above Zoning Amendment to the High Density Residential
District and the Low Density Residential District and related Schedule B.
Planning Officer Gould advised the board that after the Board initiated the
amendment it is back for a hearing. As the Board is aware the amendment seeks to
clarify a number of inconsistencies in the HDR District which lists housing types by
name and provides differing densities and development standards for each. What we
have discovered over time is that larger developments often mix housing types and it
becomes unclear which development standard governs. To deal with that concern, the
newly organized HDR language deals with the number of units within a building rather
than the type of construction or arrangement of units.
As was discussed previously, the intent of the amendment was to correct some
HDR shortcomings but we found a few details in LDR which warranted attention since
we're doing a related amendment. Those are to eliminate Zero Lot Line Development as
an option, as it has failed to gain any interest over the last 20 years. Secondly we have
added a minimum lot size standard for LDR cluster developments based on some field
experience where the resulting pattern is contrary to what is expected. Mr. Gould noted
that we tend to see more subdivisions developed for the sale of lots than subdividers
who build all the units in a subdivision.
Based on some of the Board's last comments, adjustments have been made in
the minimum parcel area for larger multi -unit structures and congregate housing from
five acres down to three acres.
There were no proponents or opponents to the rezoning request.
Member Boothby moved to recommend the proposed rezoning to the City
Council. Member Kenney seconded the motion and the Board voted unanimously to
recommend that the City Council approve the proposed Amendments to the Low
Density Residential District, High Density Residential District and Schedule B as
contained in C.O. # 15-137.