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Home My WebLink About2017-02-27 17-096 ORDINANCECOUNCIL ACTION Item No. -17-096 Date: February 27, 2017 Item/Subject: ORDINANCE, Amending Chapter 165, Land Development Code, of the Code of the City of Bangor, By Amending Provisions Regarding Day-care Facilities Responsible Department: Community and Economic Development Commentary: This ordinance will amend Chapter 165 of the Land Development Code to reconcile portions of our ordinances dealing with day-care facilities with state law. Recent changes to state law have left many home based day-care facilities out of compliance with local ordinances. Specifically, the city ordinance did not allow for outside employees in home based day -cares. If approved, this amendment would allow small day-care facilities operating in residential zones to care for up to 12 children and to have outside employees in accordance with state licensing requirements. This change would bring City limitations on the number of children and outside employees into alignment with State law. Additionally, the amendment clarifies the zones in which large and small day-care facilities are permitted. In general, small day-care facilities will be permitted in most commercial and residential zones while larger facilities may locate in commercial districts. This item was discussed at the Business and Economic Development Committee on February 21, 2017. Manager's Comments: Associated Information: Ordinance Budget Approval: Legal Approval: Introduced for Passage x First Reading x Referral to the Planning Board on March 7, 2017 Department Head Ccl—,u V V1 �, ;�_ Aity Manager Finance Director Solicitor 17-096 FEBRUARY 27, 2017 Assigned to Councilor Perry CITY OF BANGOR ORDINANCE, Amending Chapter 165, Land Development Code, of the Code of the City of Bangor, By Amending Provisions Regarding Day-care Facilities WHEREAS, day-care facilities are increasingly vital to the economic health of communities; WHEREAS, City zoning ordinances presently regulate where different sizes of day-care facilities may locate within the City; WHEREAS, the size limitations in these City ordinances are not in keeping with the limitations in State statutes, leading to potential confusion; and WHEREAS, small day-care facilities are appropriate for residential districts, while larger facilities are appropriately located in commercial districts; BE IT ORDAINED BY THE CITY COUNCIL OF THE CM OF BANGOR AS FOLLOWS, THAT Chapter 165 of the Code of the City of Bangor be amended as follows: § 165-13. Definitions. DAY-CARE CENTERS AM A regular program for the day care, for consideration, of mewe �an 29 13 or more persons 15 years of age and younger or three or more adults 16 years of age or older. P—A—Y-CARE CENTE& SMALL A regular Mgram for the day care, fbr consideration, of between three and 12 WrNM 15 yors age and yQunger. 17-096 FEBRUARY 27, 2017 § 165-72. Required number of R. Exemptions from the requirements of this Section 165-72 are as follows: Small r. not 'r -r to have any 12arking vNes Qftr thanr '• _r other on _ prgpeM. §� 165-£8. Urban Residence 1 District (URD -1). C. Permitted uses. The fallowing uses are permitted in this district: (4) Small •, provided =rated at a r • by r- or r- r. of _ r (5) Accessory uses ... § 165-84. Urban Residence 2 District (URD -2). C. Permitted uses. The following uses are permitted in this district: 17-096 FEBRUARY 27, 2017 (2) Greep day eaFe ew numefy seheel Small day-care pgnix . § 165-90. Multifamily and Service District (M&SD). C. Permitted uses. The following uses are permitted in this district: (3) Day-care eenteit or § 165-91. Neighborhood Service District (NSD). C. Permitted uses. The following uses are permitted in this district. (5) Day-care r (small or f r § 165-92. Urban Serves District (USD). C. Permitted uses. The following uses are permitted in this district: (4) (5) [day-care center (small or lar . 17-096 FEBRUARY 27, 2017 § 165-93. Downtown Development District (DDD). C. Permitted uses. The fallowing uses are permitted in this district: (4) (5) Day-care center (small or large). § 155-95. Airport Development District (ADD). C. Permitted uses. The following uses are permitted in this district: (12) Day -car r (small or l M Accessory uses ... § 165-96. Urban Industry District (UIQ). C. Permitted uses. The following uses are permitted in this district. (8) Day-care n r (small r l 0 Accessory uses ... 17-096 FEBRUARY 27, 2017 § 165-97. Government and Institutional Service Dice (G>11I611',?). C. Permitted uses. The following uses are permitted in this district: (3) (4) [day-care center (small or large). § 16:5-99. Low -Density Residential (LQR). C. Permitted uses. The following uses are permitted in this district: (5) Small d, r• r-• that it is rrff&tgd at a dwelling r a residentor r- a dwelling. U Accessary uses ... § 165-100. High -Density Residential (HDR). C. Permitter! uses. The following uses are permitted in this district: (6) ll day-care n r. 17-096 FEBRUARY 27, 2017 § 165-101. Shopping and Personal Service District (S&PS). C. Permitted uses. The following uses are permitted in this district: (6) Ray -care center (small or large. § 165-103. Industry and Serves District (I&S). C. Permitted uses. The following uses are permitted in this district: (10) Ray -care center (small or laroe�. § 165-103,1. Techno y and Serves District (TOTS). C. Permitted uses. The following uses are permitted in this district: (4) Ray -care eente n r m Il or I 17-096 FEBRUARY 27, 2017 § 165-105. Rural Reskkmce and Agricultural District (RR&A), C. Permitted uses. The fallowing sasses are permitted in this district; U4J Accessary uses ... BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT Schedule B of Chapter 165 of the Cede of the City of Bangor be amended as shown in the attached Exhibit A. Additions are underlined, deletions mak#. IN CITY COUNCIL FEBRUARY 27, 2017 COr 17-096 FIRST READING AND REFERRAL TO PLANNING BOARD MEETING OF MARCH 7, 2017 CITY CLffRK IN CITY COUNCIL MARCH 13, 2017 COr 17-096 MOTION MADE AND SECONDED FOR PASSAGE VOTE: 8-0 COUNCILORS VOTING YES: FAIRCLOTH, GRAHAM, NEALLEY, NICHOLS, SPRAGUE, TREMBLE, WESTON,BALDACCI COUNCILORS VOTING NO: NONE PASSED a.J �va CITt 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, 165-72 Parking and 165-88 thru 105 - Council Ordinance #017-096 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 Day Care provisions in the Land Development Code. 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 align the City's Day Care guidelines with the State regulations. Mr. Paul Bolin of 14 Chestnut Trail spoke in favor of the proposed amendment. He noted that City Staff was very helpful in resolving the discrepancies between the City's Code and the State's Day Care regulations. Member Boothby made a motion to recommend that C.O. #17-96 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.