HomeMy WebLinkAbout2012-04-23 12-145 ORDINANCECOUNCIL ACTION
Item No. 12 145
Date: April 23, 2012
Item/Subject: ORDINANCE, Amending Chapter 165, Land Development Code, Section 92,
Urban Service District (USD), of the Code of the City of Bangor, By Changing Bar, Tavern, or
Lounge to a Permitted Use
Responsible Department: Planning
Commentary: The proposed Ordinance amendment will move bars and taverns, as defined,
from a conditional use to a permitted use in the Urban Service District. All the performance
standards will remain the same. This change will facilitate reuse of existing buildings without
having the Planning Board review the Conditional Use criteria and its procedural costs and time
line.
Department Head
Manager's Comments:
+v
City Manager
Associated Information:
Budget Approval:
Finance Director
Legal Approval:
Solicitor
Introduced for
Passage
x First Reading
x Referral to the Planning Board on Tuesday, May 15, 2012 at 7:00 p.m.
i2 145
April 23, 2012
Assigned to Councilor Gratwick
CITY OF BANGOR
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(TME,) ORDINANCE, Amending Chapter 165, Land Development Code, Section 92, Urban Service
District (USD), of the Code of the City of Bangor, By Changing Ear, Tavern, or Lounge to a Permitted
Use
WHEREAS, a bar, tavern, or lounge is currently a conditional use under Section 165-92 of the Code of
the City of Bangor; and
WHEREAS, there are few exterior changes for the Planning Board to consider when dealing with
applications for such a use in the USD zone, and
WHEREAS, the restrictions on bars, taverns, and lounges currently found in Section 165-92 can still be
enforced by staff: if bar, tavern, or lounge is a permitted use in the USD zone:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR
THAT,
Chapter 165, Section 92 of the Code of the City of Bangor be amended as follows:
t 165-92. Urban Service District (USD).
C. Permitted uses. The following uses are permitted in this district:
U4_1 Bar, tavern or lounge. Qrovi that:
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D. Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following
uses may be permitted in this district:
(8) Bar� tayern or leunge, pFwided that -
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Additions are underlined deletions struek thi;euo.
IN CITY COUNCIL
April 23, 2012
First Reading and Referral to the
Planning Board Meeting on May 15, 2012
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CITY CLERK
IN CITY COUNCIL
May 30, 2012
Motion made and seconded for passage
Vote: 6-3
Councilors Voting Yes: Durgin, Gallant,
Gratwick, Hawes, Sprague, Weston
Councilors Voting No: Baldacci, Blanchette,
Longo
Passed
CITY PLERK - --"
(TITLE,)
Assigned to Councilor
MEMORANDUM
DATE: May 16, 2012
TO: The Honorable City Council
FROM: David G. Gould, Planning Officer
SUBJECT: Amending Land Development Code Chapter 165-92 Urban
Service District — Bars, Taverns and Lounges.
Council Ordinance 012-145
Please be advised that the Planning Board at its meeting on May 15, 2012, held a
Public Hearing on the above zoning amendment.
Planning Officer David Gould indicated the proposed amendment was intended to
change Bars, Taverns and Lounges from a Conditional Use to a Permitted Use in the
Urban Services District. Frequently, they are located in existing buildings where the
building is being reused from one use to another. If processed as a Conditional Use the
application and plans must be reviewed before the Planning Board through a public
hearing process. The processing time is longer and more expensive and does not offer
much better results. The proposed amendment would maintain all the existing
performance measures, but allow the applicant to undertake permitting through the
Code Enforcement Office. Should new construction (expansion) or exterior site changes
occur it would require site plan review and be reviewed by the Planning Board.
There were no opponents or proponents speaking to the above zoning
amendment.
The Board found the amendment to be straight forward and did not have any
concerns. The Board voted all in favor and none opposed to recommending approval of
Council Ordinance 012-145.