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HomeMy WebLinkAbout2014-03-24 14-119 ORDINANCECOUNCIL ACTION Item No. -14-119 Date: March 24, 2014 Item/Subject: ORDINANCE, Amending Chapter 165, Land Development Code, of the Code of the City of Bangor, By Eliminating Nonconforming Quarries from Residential Areas Responsible Department: Planning Commentary: If approved, this Ordinance would prohibit the continued operation of non- conforming quarries in the rural residence and agricultural districts, effective December 31, 2014. The ordinance does allow for less intensive or shorter -term uses, such as filling and grading for construction or removal of soil or loam, would still be allowed. The reason for the change is that many residents expressed concern about the impacts of quarries operations such as noise, blasting, dust and other impacts on the enjoyment of residential properties. Currently, there is one quarry in operation in the rural residence and agriculture district and a second quarry that has been permitted. According to the owner of the existing quarry, the quarry will run out of material by the end of 2014. A second quarry was recently permitted in a Rural Residence and Agricultural District, but the operator of that quarry has worked with the City to relocate that operation to a zone where the use is permitted. Additionally, they have expressed a willingness to give up the rights to mine that quarry should they be successful in - establishing the quarry in permitted zone. Manager's Comments: Associated Information: Budget Approval: Department Head 1 , -- - City Ma Finance Director Legal Approval: City Solicitor Introduced for Passage x First Reading x Referral to the Business and Economic Development Committee on April 8, 2014 14-119 MARCH 24, 2014 Assigned to Councilor Durgin y O�BANO . i CITY OF BANGOR ,o J ED. / ORDINANCE, Amending Chapter 165, Land Development Code, of the Code of the City of Bangor, By Eliminating Nonconforming Quarries from Residential Areas WHEREAS, since August 2013, quarries have not been allowed to locate in residential areas in the City of Bangor; WHEREAS, at present, there is only one quarry in a residential district in the City, said quant' being located In a Rural Residence and Agricultural District parcel; WHEREAS, according to the owner of that quarry, the quarry will run out of material by the end of 2014; WHEREAS, another quarry was recently permitted for a Rural Residence and Agricultural District parcel, but the developer of that quarry has agreed to give up all rights to that quarry; and WHEREAS, quarries produce considerable noise, dust, vibration, flying projectiles, and other adverse effects that are potentially injurious to the public health, safety, and welfare, particularly when located in residential areas; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT Chapter 165 of the Code of the City of Bangor be amended as follows: § 165-32. Quarries, mining and excavations. E. Notwithstandina Article III of this Chanter, any certificate of occupancy or oermit granted for a guarry, sandpit, or removal of sand. rock or gravel in a Rural Residence and Agricultural District parcel shall be deemed to expire on December 31. 2014. and shall not be renewed thereafter. This paragraph does not apply to filling, grading, and earthmoving activities permitted under § 165-33, or to excavations of soil and loam permitted under 4 165or to excavations of soil and loam permitted under 165-105(D)(1). Additions are underlined. IN CITY COUNCIL March 24, 2014 First Reading and Referral to Business and Economic Development C 'ttee meetinpL of April 8, 2014 CITY C RK IN CITY COUNCIL JUNE 9, 2014 MOTION MADE AND SECONDED TO POSTPONE INDEFINITELY PASSED TO POSTPONE INDEFINITELY CITY CLEFr