HomeMy WebLinkAbout2017-02-15 17-082 ORDINANCECOUNCIL ACTION
Item No. 17-082
Date: February 13, 2017
Item/Subject: ORDINANCE, Amending Chapter 165, Land Development Code, of the Code
of the City of Bangor, By Decreasing the Setback Requirements for Open
Porches in Urban Residence Districts
Responsible Department: Legal
Commentary:
This ordinance would allow buildings on Urban Residence District 1 and Urban Residence
District 2 properties to build porches with a 10 -foot setback from the front property line.
Buildings in the URD -1 and URD -2 zones must be at least 20 feet from the front property line.
This amendment to the Land Development Code would reduce this setback requirement to 10
feet for open porches. The amendment would also define open porches.
This item was discussed at the Business and Economic Development Committee meeting on
February 7, 2017.
Manager's Comments:
Associated Information:
Budget Approval:
Legal Approval:
Ordinance; Schedule A
Introduced for
Passage
x First Reading
x Referral to the Planning Board on February 21, 2017
Department Head
City Manager
Finance Director
17-082
FEBRUARY 13, 2017
Assigned to Councilor Tremble
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CITY OF BANGOR
ORDINANCE, Amending Chapter 165, Land Development Code, of the Code of the City of Bangor, By
Decreasing the Setback Requirements for Open Porches in Urban Residence Districts
WHEREAS, many houses on Urban Residence District 1 and 2 properties are built dose to the front
setback line of the properties;
WHEREAS, current Code requirements do not allow such buildings to add front porches;
WHEREAS, open porches encourage outdoor recreation and a sense of community, while providing a
relatively minor intrusion into a setback area;
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:
§ 165-13. Definitions.
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not be enclosed by screens or windows.
BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT
Chapter 165, Schedule A, Urban Developed Area, of the Code of the City of Bangor be amended as
shown by the accompanying schedule revisions.
Additions are underlioW.
17-082 FEBRUARY 13, 2017
LAND DEVELOPMENT
165 Attachment 2
City of Bangor
Schedule A
Urban Developed Area
Article XIII, §§ 165-88 through 165-97
Maximum
Minimum Lot
Minimum
Minimum
Minimum
Minimum Usable
Minimum
Maximum
District Height
Area (square
Maximum
Minimum Lot
Front Yard
Side Yard
Rear Yard
Open Space (square
Water Setback
Floor Area
Zoning Districts
(feet)
feet)
Lot Coverage
Width (feet)
Depth (feet)
Depth (feet)
Depth (feet)
feet per dwelling unit)
(feet)
Ratio
Urban Residence 1 (URD -1)
35
10,000
25%
75
207
5
20; 5 for
accessory
structure
Urban Residence 2 (URD -2)
40
1
35%
75
20 7
5
20; 5 for
600
accessory
structure
Multifamily and Service (M &
45
-
40%
60
10
10
10
200 plus 200 square feet
1.0
1.0
SD)
per bedroom in excess
of 1
Neighborhood Service (NSD)
35
10,000
25%
75
20
10
20
200
0.4
0.4
Urban Service (USD)
35
10,000
30%
80
40
10
20
200
Downtown Development
None
None
None
None
None
None
None
None
4.0
4.0
(DDD)
Waterfront Development
65; except 35 in the
10,000
70%
100
0
20
20
_ _
50
2.0
(WDD), permitted uses
Shoreland
Zone within 250
feet of mean high-
water mark of the
Penobscot River
17-082 FEBRUARY 13, 2017
Maximum
Minimum Lot
Minimum
Minimum
Minimum
Minimum Usable
Minimum
Maximum
District Height
Area (square
Maximum
Minimum Lot
Front Yard
Side Yard
Rear Yard
Open Space (square Water Setback
Floor Area
Zoning Districts
(feet)
feet)
Lot Coverage
Width (feet)
Depth (feet)
Depth (feet)
Depth (feet)
feet per dwelling unit)
(feet)
Ratio
Waterfront Development
35
10,000
700/.
100
0
20
20
_ _
0
2.0
District (WDD), conditional
uses: marine -related commercial
uses (within 250 feet of mean
high water)
Waterfront Development
100
40,000
75%
100
0
20
20
_ _
250
2.0
District (WDD); conditional
uses: hotels in excess of 65 feet
in height
Waterfront Development
35
10,000
70%
100
0
25
25
_ _
50
2.0
District (WDD); conditional
uses: commercial establishments
that provide for craftspeople,
artisans and others to craft,
prepare, package and sell their
products
Waterfront Development
35
20,000
70%
100
0
20
20
_ _
50
2.0
District (WDD); conditional
uses: accessory drive-in service
Bass Park
100
10,000
45%
100
0
0
0
Airport Development (ADD)
Subject to land
development
permit review
by Planning Board
and federal aviation regulations
Cellular telecommunication
195 a
20,000
35%
100
100% of
100% of
100% of
N/A
N/A
0.6
towers s
structure
structure
structure
height
height
height
Urban Industry (UID)
None
None
40%
50
30
10
20
_ _
1.0
1.0
(excepting yard setback from railroad
right-of-way: none)
Radio and television broadcast
400 4
20,000
40%
50%
50% of tower
50% of tower
50% of tower
N/A
N/A
1.0
towers 6
height
height
height
Zoning Districts
Government and Institutional
Service (G & ISD)
Radio and television broadcast
towers when accessory to a
public nonprofit agency s
17-082 FEBRUARY 13, 2017
Maximum
Minimum Lot
Minimum
Minimum
Minimum
Minimum Usable
Minimum
Maximum
District Height
Area (square
Maximum
Minimum Lot
Front Yard
Side Yard
Rear Yard
Open Space (square
Water Setback
Floor Area
(feet)
feet)
Lot Coverage
Width (feet)
Depth (feet)
Depth (feet)
Depth (feet)
feet per dwelling unit)
(feet)
Ratio
80
None
30%
None
30
20
30
2.0
2.0
195
20,000
30%
N/A
100% of tower
100% of tower
100% of tower
N/A
N/A
2.0
height
height
height
NOTES:
1 For one and two dwelling units, 9,000 square feet; for three dwelling units, 10,500 square feet; and for four dwelling units, 12,000 square feet.
For the fust two dwelling units, 6,500 square feet, plus 1000 square feet for each additional dwelling unit
3 (Reserved)
4 Or the minimum height height allowed under federal law, whichever is greater.
S Minimum buffer yard: Type B, C next to a residential district.
G Minimum buffer yard: Type B next to a residential district.
t Minimum setback for open porches from the front property line is 10 feet.
IN CITY COUNCIL
FEBRUARY 15, 2017
COr 17-082
FIRST READING AND REFERRAL TO PLANNING BOARD MEETING OF FEBRUARY 21 2017
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CITY CLEOk
IN CITY COUNCIL
MARCH 13, 2017
COr 17-082
MOTION MADE AND SECONDED FOR PASSAGE
VOTE: 8-0
COUNCILORS VOTION YES: FAIRCLOTH, GRAHAM, NEALLEY, NICHOLS,
SPRAGUE, TREMBLE, WESTON, BALDACCI
COUNCILORS VOTING NO: NONE
PASSED
CITY CLERK
MEMORANDUM
DATE: March 8, 2017
TO: The Honorable City Council
FROM: David G. Gould, Planning Officer
SUBJECT: Amending Zoning Ordinance Chapter 165-13, Definitions
165-135, Schedule A, Front yard setback - Open Porches -
Council Ordinance #017-082
Please be advised that the Planning Board at its meeting on March 7, 2017, held a
Public Hearing on the above Zoning Amendment to revise the setbacks for open
porches, as defined, in the URD -1 and URD -2 Districts.
Chair Kenney opened the Public Hearing and Assistant City Solicitor Paul Nicklas
provided the Board with an overview of the proposed amendment. The intent is to
provide some flexibility to existing residences which may be at, or near, the front yard
setback. The amendment will allow them to construct an open porch on the front of
their dwelling within ten feet of the front property line.
There were no other proponents or opponents to the proposed text amendment.
Member Durgin asked how the front setback was determined. Assistant City Solicitor
Nicklas noted it would be in the deed or shown on a subdivision plan.
Chairman Kenney wondered if the language might be construed to limit the roof to 42
inches above the floor. Mr. Nicklas noted that if it became an issue it could be
corrected.
Member Boothby made a motion to recommend that C.O. #17-82 be adopted by the
City Council. Member Durgin seconded the motion and the Board voted unanimously to
send a positive recommendation to the City Council.