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Home My WebLink About2011-10-12 11-306 ORDINANCECODMCILACSIDM Item No, 11 306 Date: October 12 2011 Item/Subject: Ordinance, Amending Chapter 165 of the Code of the City of Bangor, Land Development- §165-13— Definitions; §165-96 - Urban Industry District (UID); §165-101. Shopping and Personal Service District (S & PS) Responsible Department: Legal Commentary: This year the Maine legislature approved legislation to make the sale and possession of consumer fireworks legal. The new law takes effect on January 1, 2012. The law includes a provision that allows municipalities to adopt an ordinance to prohibit or restrict and sale of consumer fireworks within the municipality. This Ordinance will amend the Land Development Code to expressly define a fireworks business and designate in which zones it will be a permitted use. It also provides for certain restrictions and requirements Including that the building in which the business is located has a sprinkler system, be occupied by no other business and be located is a no less than 60 feet from another permanent building and no less than 300 feet from a structure at which gasoline, propane or other flammable material is stored, sold or dispensed. Depamnent Head Mani Comments: ria 1 4'bt , CiyA O< er Gry Manager Associated InformMion: Ordinance finance Director Legal Approval: City Solicitor itroluced for Passage First Reading to Planning Boat, 10-18-11 Page _ of Referral A! 306 CITY OF BANGOR (IITLE.) Ordinance, Amending Chapter 165 of the Code of the City of Bangor, Land Development - §165-13 — Definitions; §16596 - Urban Indus" District (UID); §165-101. Shopping and Personal Service District (S & PS) WHEREAS, the Maine legislature approved legislation to make the sale and possession of consumer fireworks legal; and WHEREAS, are law takes effect on January 1, 2012; and WHEREAS, the law includes a provision that allows municipalities to adopt an ordinance to prohibit or restrict the sale of consumer fireworks within the municipality; and WHEREAS, it is in the best Interest of the City of Bangor to provide certain restrictions on the sale of fireworks within the City. NOW, THEREFORE, BE IT ORDAINED BY THE CRY COUNCIL OF THE CRY OF BANGOR THAT, Chapter 165 of the Code of the City of Bangor be amended as follows: §165-13 Definitions RETAIL OR SERVICE BUSINESS - Any business or establishment engaged in the sale of goods or services to the general public, including eating and drinking establishments. A service business shall include any establishment engaged in the fields of finance, insurance or real estate and any establishment providing professional, personal or business services or nonvehicular repair services, A service business does not include a fireworks business chemical dependency treatment facility, clinic, a gasoline service station or motor garage, a hotel, motel, reaming house, boardinghouse or tourist home or a manufacturing use. _.... _._.. 11 HIS §165-96. Urban Inclustry Oishria(Ui0). A. Unchanged. B. Unchanged, C. Permitted uses. The fallowing uses are permitted in this district: (1) Commercial, wholesaling, warehousing or industrial uses. (2) Tansp ruction terminals. (3) Public utility and public service uses. (4) Clinic, medical or dental. (5) Chemical dependency treatment facility, p-oNded the property line Is at least 300 feet from any residential district- (6) istrict(6) Radio and televislon broadcast towers, provided that: (a) They do not exceed 900 feet in height, or the minimum height required under federal law, whichever is greater. (b) They areset backis minimum of 50%of the tower height bom all property lines. (c) They conform to the requirements of 4 165-80.1. (7) Registered culdvatlon facility. No more than ane registered rultivadon facility may exist in the Cityof Bangor. (8) Flnemrks Busines provided that a the buildin in which the business is located has a sprinkler system and @) the bulld'no in which the business Is located is occupied by no Q!ber business d (c) the building In which the tbsusingss is located is no less than 60 feet from the imarionrent build'no and no les than 3011 feet from [ which gasoline, millang "ber flammable te' l is stored Id w dispensed, (W) Accessory uses on the same lot and customarily Incidental to and subordinate to the above uses. §165-101. Shopping aM personal Service Distridt (S & pS). A. Unchanged. B. Unchanged. C. Permitted uses. The folbwing uses are Permitted in this distrid; (1) Business office or professional office. 11 306 (2) Real or service business conducted wholly within a building with no goods or materials displayed or stored outdoors, except goods or materials of a seasonal nature displayed far retail sale, with outdoor display area limited to 1% of the gross floor area of the building. (3) Motel, hotel or Inn. (9) Schools conducted for profit, such as fade, business, dance, gymnastics and music schools. (5) Group daycare or nursery schod. (6) Daycare center. (n Enclosed recreation centers for profit. (8) Community service organizations. (9) Private membership social and fraternal clubs. (30) Restaurants. (11) Places of warship. (12) Clinic, medial or denial. (13) Registered dispensary, provided It Is located at least 1,000 feet from any public or private school or school dormitory, public library, juvenile shelter, orphanage, playground, or public park, and at least 200 feet from any church, chapel, parish house, other place of worship, day are, or residential zoning district boundary, measured by straight line from property line to property line or zoning boundary. No more than one registered dispensary may exist In Me City of Bangor. (19) Fireworks Bu5'rress nonyded than a in which Me businM III "licad has a wonder system,and (0 the building hich the b ted! is occup'ed by no other business. and () 1bg building h' h the business is located! is M less than 60 feet from M pgriman= building nd on less than 300 feet from a structure at wh' on gasoline, Ongeng or otherfl Merl l Is stored, sold or dispersed, (i 1, 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. Unchanged. Additions are underi netl deletions s5atidt through. IP an GW9GIL October 12, 3011 ffitfnv Made and Seconded to'Postyooe Indefinite] Rall Call Vote Requested Vote: ]-3 Councilors Voting Yes: Blanchette, Bronson. Durgin, Gratvick. Banes. Palmer S Mesion councilors Voting NO: Longo 6 Bealley Postponed Indefinitely (TilCF.1 anevd£vs Chanter 165 0£ Che Cade o£ CBe Gity o£ Bangor Laud Developmeut 165-13 Definitions: 165-96-Dibav Indvstry District (DID): 165 -101 -Shopping 6 Personal Service Dlotrlct (36PS)