HomeMy WebLinkAbout2008-02-25 08-104 ORDINANCEItem Nou pg loe
Date: 4-25-03
Item/Subject Ordinance, Amending the Code of the City of Bangor, Chapter 165, Land
Development Cade, by Enacting § 165-80.1, Cellular Telecommunications Towers
and Equipment, and Amending § 165-59, Exemptions,§ 165 60, Conditional uses, §
165-95, Airport Development District (ADD), § 165-96, Urban Industry District
(DID), § 165.97, Government and IneDtndOnal Service District (G & ISD), § 165-
10; General Commercial and Service District (GC & S), 11165-103, Indul and
Service District (I & 5), § 165-105, and Rural Residence and Agricultural District (RR
& A), to Change Requirements Pertaining m the Siting of Towers.
Responsible Department: Planning
Commentary:
This set of amendments ro the land Development Code will provide new guidance to the ocation, height
and setbacks Por radio, television and cellular communication towers within the City of Bangor. The local
amendment will delete radio and television towers from the Rural Residence and Agricultural Darner as a
Conditiowl Use. The amendment will provide bar rado and television broadcast towers within the industrial
districts as permipetl uses. Redid and television broadcast rowers will be allowed as accessory uses in
Government and Institutional 5ervia Districts when accessory to a public or mnpmfit agency. Cellular
Telecommunication Towers will be allowed in numerous districts including Rural Residence and Agricultural
providnd the requirements a 165-80.1 are met. 165-80.1 prwices a dendak set of regulations hosed on ex1411g
.model' Telexommunlation Dminances that regulate heghl. setbacks, co -location, service reads, and tower
abandonment Co -location on existing towers and location of cellular antennae on existing buildings will be
allowed in all districts except resource protector.
Department Head
Manager's Comments:
`paP Q4A -Fa Q a o rna.�Dg�D"aP G.gra
q -Q 6./ Illy Manager
Associated Information: �A�I
Ordinmfc
Budget Approval
Legal Approval:
by So lcito
Passage
X Flrot Reading Page _ of _
X Referral To Planning Board for Public Hearing March 4, 2008
oa '�q
*01 Assigned to Councilor Gratwick February 25, 2008
CITY OF BANGOR
(TITLE.) Ordinance, Amending the Code of the City of Bangor, Chapter 165, Land
Development Code, by Enacting § 165-80.1, Cellular Telecommunications Towers and
Equipment, and Amending § 165-59, Exemptions, § 165-60, Conditional Uses, § 165-95,
Airport Development District (ADD), § 165-96, Urban Industry District (UID), § 165-97,
Government and Institutional Service District (G & ISD), § 165-102, General Commercial and
Service District (GC & S), § 165-103, Industry and Service District (I & S), § 165-105, and
Rural Residence and Agricultural District (RR & A), to Change Requirements Pertaining to the
Siting of Towers.
Be ItoralaltreObyMe LifyofEarW,, as fb#o
That § 165-80.1, entitled "Cellular Telecemmunications Towers and Equipment", be added to
Chapter 165, Land Development Code:
NgIviv 00511U= Cellular Telecmnxmunicabon Towers and related atuiument shall be
consistent wah the II w' lines. EXIAIM Cellularmmunication Towers
exmed the applicable height and setback standards shall be onandfathered and additional
CgIlUlar Telemmmunicialgil Equipment may be added but no additional height above wbau
Ila ca ed by these requiations may be added.
A Cellular TeleminDimajopgo E' t
1. The Installat on and Placement of new antennas, cellularservice supoort
StrICtures on existing other exisdna structures shall be treated as a
permitted use consistent with the Land Development oval standards
for the to d extent of the d additions or changes.
2 Cellular Telecommunication Equipment shall be allmed' II Zoning D' trios
4z[f£pf the R Protection District as a oermithed
3 All ncnv Cellular TelecomMijoication Eauinment shall demonstrate its consisten
with all applicable FCC regulations
B. Cellular Ti unication Tonvers. Construction of navy Cellular Telecommunication
Towers shall be consistent with the pumosions of this Section and the District in which
they are located
C Submission Standards. In addition to the information d for Site Plan Review,
aoolimnis for Cellular Telecommunication Towers shall-
0g 104
That the Code of the City of Bangor, Chapter 165, § 165-59 and § 165-60 be amended as
follows:
165-59. Exemptions.
A. The limitations on height as provided in this chapter shall not apply to the following
structures, provided that they do not come within the airport glide zone as provided in §
165-58 above, and provided that such uses shall not exceed 15 feet in height in
addition to the limitations already permitted In the various districts:
(1) Church spires, belfries, cupolas and domes, monuments, water towers, silos,
hemsmisslen tewem, chimneys, smokestacks, derricks, conveyors, and Flagpoles;
(2) Bulkheads, elevator penthouses and water tanks, provided that such structures
permitted by this Subsection A(2) shall not have an aggregate floor area greater
than 10% of the gross building Boor area, and further provided that no linear
dimensions of any such structure shall exceed 50% of the corresponding street
lot line frontage.
(3) Any accessory buildings or structures, as deFlned in this chapter, to be used for
manufacturing purposes, provided that such structure is required in the
manufacturing process conducted on the premises, and provided further that all
such structures above the limiting heights of the applicable district shall not
encompass more than 25% of the area of the lot, shall set back hwt less than 25
feet from every lot line, other than the street lines, and shall not be less than
one foot from the opposite side of each adjacent structure on any adjoining lot
for each two feet of vertical height.
B. The limitations on height as provided in this chapter shall not apply to towers and
antennas that are owned and operated by governmental bodies, provided that they are
used solely for emergency telecommunications purposes and further provided that they
do not come within the airport glide zone as provided in § 165-58 above.
C. The moulaUan Df heights Cellular Telecommni n Towers and Radion
Television Broadcast Towers shall be angulated =Iusively by the provisions of the
district where thev are located andhprovided that if
federal law neoulres a creator minimum height, that minimum helaht shall be allowed.
§ 165-60. Conditional uses.
The following structures shall be considered under this chapter in any district and shall not be
Permitted without approval by the Planning Board. The Planning Board may authorize a
conditional use for structures in excess of 15 feet above the applicable height limitations
otherwise provided in this chapter for tele, sien and xid a amme s church spires, belfries,
monuments, tanks, water and fire towers, oil derricks and spires, provided that:
08 104
A. Such structures do not negatively Impact uses in adjacent districts In which they are not
Permitted in a clearly demonstrable manner, such as casting shadows, depriving the
adjacent property of light, air or view or drastically altering the appearance of the
setting of such adjacent property improvements.
B. Regardless of the zoning districts Involved, such structures will not be located within
100 feet of any existing residential building (any structure containing dwelling units),
nor will the proposed structure violate the provisions of Subsection A above in regard to
any such residential building.
C. The neinulation of hei hts of Cellular Telecommunication Towers
Television Bmadcast Towers shallof the
zonina district whem t1by am located and the onovisions of 165-80.1. rthat I
fedocal law sa treater minimum height minimum helaht shall be allowed.
That the Code of the City of Bangor, Chapter 165, 4 165-95(C) be amended as follows:
C. Per -milted uses. The following uses are permitted in this district:
(1) Airports, heliports, aircraft landing fields and related operational and terminal
facilities.
(2) Aviation uses, Including the sale, service or storage of aircraft and aircraft parts.
(3) Manufactudng and Industrial uses which are in conformance with the purpose of
this district and which will not be noxious or injurious by reason of the production
or emission of tlust, Smoke, odor, gas, fumes, refuse matter, noise, vibration or
similar substances or conditions when such uses are established as reuse of
buildings existing at the time of passage of this chapter and expansion of such
buildings,
(4) Offlce use
(5) Hotels and motels when associated with the terminal complex.
(6) Public utility and public service uses.
(7) Automotive rental agency.
(8) Transportation uses, including intermodal transfer facilities for freight transfer and
temporary storage.
(9) Restaurant and catering service.
(10) Cellular Telecommunicat'on Towers provided that
(a) They do not exceed 195 feet in height or the minimum height reoumed
under Federal law, whichever is arezter.
They am set back from property lines a minimum of 1000%
he 9ht
c They conform to the l tan f'Section165-80. 1.
11 Aceessory, uses on the same lot and customarily Incidental to and subordinate to
the above uses.
That the Code of the City of Bangor, Chapter 165, g 165-96(C) be amended as follows:
C. Permitted uses. The following uses are permitted in this district:
(1) Commercial, wholesaling, warehousing or Industrial uses.
(2) Tagkfarmsand etper Transportation terminals.
(3) Public utility and public service uses.
(4) Clinic, medical or dental.
(5) Chemical dependency treatment facility, provided the property line is at least 300
feet from any residential district
[0=-.70=8 1,Ylat�7F3677frfU'�-
(b) Thev am setback a minimum of 50% of the t—mer height from all prom
(Z) Accessory uses on the same lot and customarily incidental to and subordinate to
the above uses.
That the Code of the City of Bangor, Chapter 165, § 165-97(C) be amended as follows:
C. Permitted uses. The following uses are permitted in this dishict:
08 iO4
(1) Facilities operated by public agencies or private nonprofit organizations limited to
health, education, social welfare and cultural uses, but excluding chemical
dependency treatment facilities.
(2) Places of worship.
(3) Group daycare or nursery school.
(4) Day -Care center.
(5) Cemeteries.
(6) Hospital complex when located on a major arterial street.
(7) Nursing home.
(8) Sports arenas and stadiums
(9) Chemical dependency treatment facility, provided it is located on a major arterial
street.
(10) Radio and Television Broadcast Towers provided that
in hei ht or the minimumu h i
under Federal law whichever is crasher.
1hev are setback from all property lines a mi r
height
(c) Thev are accessory to a public nonprofit use.
(d) They modfamo to hereuirements of Seclion 165-80. 1.
(11) Accessory uses on the same lot and customarily incidental to and subordinate to
the above uses and to a use approved under Subsection D below.
That the Code of the City of Bangor, Chapter 165, § 165-102(0) be amended as follows:
C. Permitted uses. The following uses are permitted in this district:
(1) Any use permitted in a Shopping and Personal Service District in § 165-101C.
(2) Vehicular, equipment, mobile home and machinery sales and service.
(3) Building supply.
a 104
(4) Wholesale business conducted entirely within a building.
(5) Any retail or service business conducted within a building and which, by virtue of
the nature of the business, shall require an outdoor display area in excess of 1%
of the gross Floor area of the building.
(6) High-rise hotel subject to the requirements of § 165-101D(i) of this article.
(n Mini -warehouse subject to the requirements of § 165-I0I1)(2) of this article.
(8) Clink, medical or dental.
(9) Passenger intermodal facility
(10) Cellular Telecommunication Towers provided that:
not exceed 195 feet in helaht, or the minimum height reavired
under Federal law. whichaoar is Greater
b They am setback from r
heioht
They conform to the reQuirememis of Section 165-80.1.
[W Accessory uses on the same lot and customarily incidental and subordinate to the
above uses and any use approved under Subsection D below.
That the Code of the City of Bangor, Chapter 165, § 165-103(C) be amended as follows:
C. Permitted uses. The following uses are permitted in this district:
(1) Manufacturing, compounding, assembling, packing, treatment, warehousing or
wholesaling of goods and products.
(2). Truck terminals and distribution centers.
(3) Radio andtelevisiones Television Broadcast Towers orpvded that
o not exceed 400 feet In heiaht, or the minimum height reouired
under Federal law, whichever is greater.
- (b) Thy are setback a minimum of 50% of the bower heicht Imm all prove
l mss.
(c) They conform to the reoulrements of 165-801,
08 104
,(4) Information processing and communications facilities.
(5) Research and testing facilities of a laboratory nature.
(6) Administrative offices of manufacturing, retail, banking, public utility, service or
research corporations.
(7) Service business limited to office use.
(8) Retail sales which are Incidental to any permitted use in Subsection C(1) through
above of this section.
(9) Group day-care or nursery school.
(10) Day-care center.
(11) Clinic, medical or dental.
(12) When accessory to airy of the above uses, warehouses, vehicle storage, garages
and employee restaurants.
(13) Public utility and public service uses.
(14) Chemical dependency treatment facility, provided the property line is at least 300
feet from any residential district,
(15) Accessory uses on the same lot and customarily incidental to and subordinate to
the above uses and any use approved under Subsection D below.
That the Code of the City of Bangor, Chapter 165, 4 165-105(C) and (D) be amended as
follows:
C. Permitted uses. The following uses are permitted in this district:
(1) Agriculture.
(2) The sale of farm, nursery, dairy or poultry products within a structure having a
gross floor area of not more than 500 square feet.
(3) Sale of farm products where:
(a) The retail area shall not exceed 2,500 square feet.
(b) The property Is located on a major arterial street.
(c) The property is a working fame.
Laura Mitchell asked why the co -location requirement was removed. Mr. Gould
noted it was discussed at the TIC meeting and the City Solicitors office had
concerns with requiring tower owners to accept other providers' antennas on
their towers.
The Board discussed the implication of having FCC regulations allow taller
structures than the new regulations provide. Assistant City Solicitor Paul Nicklas
noted a case in New Hampshire where the local ordinance height standard
prevented a radio tower from being built in the community and the counts
concluded the community could not prohibit the use.
The Board voted 4 in favor and 2 opposed to recommend the proposed
language to the City Council.
08 104
(4) One -family dwellings and one -family detached manufactured housing units.
(5) Home occupation or profession (subject to the requirements of Article IV).
(6) Municipal uses.
(7) Public utility and public service uses.
(8) Community living arrangements, In accordance with 30-A M.R.SA. § 4357-A, as
may be amended.
(9) Cluster subdivision for detached single-family dwellings, provided that:
(a) Such project has a minimum of five acres.
(b) Provision is made for the maintenance in perpetuity of open space areas
In such a project.
(c) Such project receives approval under Article XVI of this chapter.
(30) WI ular Telecommunication Towers provided that
(a) They do not eo:eed 195 feet in height, or the m nimum h0glit led
under Federal law, whichever is greater
N They are setback from property livres a minimum of 100% of the towe
he ht.
W They conform to the reou rements of ni
11 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. Conditional uses. Subject to Planning Board approval under the provisions of § 165-9,
the following uses may be permitted in this district:
(1) Quarries and gravel pits, provided that they meet the requirements of Article VI.
(2) Animal pounds, kennels, animal hospitals and animal clinics, provided that such
facilities are located at least 100 feet from any residential district and at least 150
feet from any residential building on an adjoining parcel.
(3) Tenting and camping areas, golf courses and driving ranges (except miniature
golf courses), provided that:
(5) Places of worship, provided that such site development is located on a major
arterial street.
(6) Cemeteries, provided that they meet the requirements for access drives In
Subsection D(3)(c) above and conform to state statutes.
That Chapter 165, Schedule A, Urban Developed Area, Schedule B, Developing Area, and
Schedule C, Resource, Open Space and Rural Area be amended to reflect the above changes,
as shown by the accompanying schedule revisions.
_
DintrieWx
City of Rangor Stheduk A Urban Developed Area
Arlkk XIII, §§ 16588 through 165-917
nmr uua[ommu
Minimum Minimum Minimum Minimum Maximum Maximum Maximum 'Minimum Minimum Minimum
Lot Am Front Side Yard Rear Vartl Height lot Floor Am Open .Lot Width Ruffer Yard
(quare feet)Yard (feet) (teed) peed Coverage Ratio Rparc (feet) Type
feet
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SN CITY COUNCIL
February 25. 2006
Ffrat Reading 6 Referred to
P1 ng Rod
# 08-104
W
CLBBN
(TITLE f
IN CITY COUNCIL
Bangor, CM1apter 165. Land Devela wm Code
March 26, 2008
Notion Mede and Seconded
Teleco®upfeatiow toes asd opponent
ssi
for Passage
- c.
Residents Steve Daniels, Barb
165-60 Coadit=I Uses, Sec.165+95.
Weiss, Tessa Weiss urged
Mg •• n^^^1pmP nn)e__
council support '..
165-96. Urban Indisrry District {UID). Sec
Vote 8-0
I65 -9I. Gnermopn I titvti.oml
Councilors Voting Yes: Bla:chetre,.
(^/
D'Rrrieo. Farrington, Gratvick,
An�PWta Coenei0u
dews,: Palmer, Stone and Wheeler
p„
Councilors Voting No: None
Caun ilore Absent: Greene
service District (GSiSO), See. 165-102
Pas ad
Genial Cosarcial and Service District (CC S
S), See. 165-103, Industry and SmYice District
(1 d S), Sec. 165-105. and Rural Residence sad
In am
Agricultural District (RR6A), to Change
ReInixemets Pertaining to the Siting of ToNstu
MEMORANDUM
DATE:
March 5, 2008
TO:
The Honorable City Council
FROM:
David G. Gould, Planning Officer
SUEUECT:
Amending Land Development Code
Numerous sections involving radio and television
broadcast towers and cellular telecommunication
towers in various districts -Council Ordinance 06-104
Please be advised that the Planning Board at its regularly scheduled meeting on
March 4, 2008 held a public hearing on the above Land Development Code
Amendment.
Planning Officer Gould provided an overview of the proposed Land Development
Code Amendment that was developed by the Board over me last couple of
months Mr. Gould noted some of the latest revisions were made in response to
concerns expressed by the City Solicitors Office that were addressed in the
language now in from: of the Board. Those appear in some new language as to
height and any potential conflicts with FCC regulations and secondly the concern
of requiring new tower owners to allow co -location.
Mr. Gould also reviewed the history behind the amendment and the approach
developed by the Board to not only deal with radio and television broadcast
towers but to bring Bangor's guidelines for cellular communication towers in line
with what most of the State has done 10 to 15 years earlier.
Barb Wais, 252 Finson Road Indicated she did appreciate all the work that the
Board had undertaken on this issue. She felt this was a good step to preserve
the community character of Bangor
Jim Davit, 59 Hudson Road also he appreciated the work of the Planning Board
and was in support of the proposed changes.
Mr. Rosenblatt noted the definitions developed in support of this language were
not induded in this amendment and asked if that would that cause a problem.
Mr. Gould noted that given the number of changes that were made following
the TIC Meeting and the time available the definitions were overlooked. They
will he referred by the City Council to the Board for public hearing at the next
meeting. Mr. Gould said that in his opinion the City was not at great risk if the
definitions were adopted two to three weeks after the initial text amendments.