HomeMy WebLinkAbout2005-08-08 05-269 ORDINANCEItem No. OS 269
Date: 08-08-05
Item/Subject Ordinance, Amending Chapter 165, land Development Cade, § 165-101
and § 165-102 to Reduce Outdoor Entertainment Setbacks in S&PS and
GC&S.
Responsible Department: Legal
Commentary:
The purpose of this amendment is to update the regulations far outdoor entertainment facgities in the S&P5
& GC&S. This use was added to the LaM Development Code a couple of years ago to facilitate a paintball
court which did not materialize. A Portion of the provision relating to the specific setback was acddentally
omitted horn the pinned code, and, when this was dlsowered, staff reGamhed the proAsOn and felt it was
unnecessary given the applicable setback and conditional use regulations found elsewhere in the code. Staff
has also proposetl several changes to the existing provisions to further darlfy and Improve them.
Department Head
Managers Cemment5:
A
City manager
Associated InfomMOon:
Budget Approval:
Nnance Director
mV,
�....
_ Passage
% First Reading Page—&—
•
age_of_X Referral to Planning Board S fb-ee N 7P r^
a5-269
Asalgned to Cowrllor GratwIck Aw wt a. 2005
CITY OF BANGOR
(TITLE.) Ordinance, Amending Chapter 165, Land Development Code, § 165-101 and § 165-
102 to Reduce Outdoor Entertainment Setbacks in SMS and GC&S.
Bekddffiiaedby the Lrtyof asA'2lts:
Section 1
§ 165-101, Shopping & Personal Service District shall be amended as follows:
A: C. (unchanged]
D. Conditional uses. Subject to Planning; Board approval under the provisions of § 165-9, the
following uses may be permitted in this district:
(0-00) [unchanged]
(11) Entedamment or recreational use not wholly contained widrin a building, provided that:
(a) The appliaut demonstrates that noise levels will not adversely affect any adjacent
Property;
(b) the boundary of the we area is not less than
boundary and's not less then 300 feet from any exisfing residential building. For
the manage offth' ecti "shallinclude an mea where there will be
any activity associated with the use human or otherwise but shall not include any
required buffervard
(c) Outdoor recrea conal fto fifes shall use full cut-off or directionally sbielded
Relation fixtures aimed towards the recreafion area. All lighting shall be shielded
to prevent Hold fium directly shining on myad'acent procertv
(d) Outdoor recreational facilifics shall provide atmnhaum a D buffer or
eawyalend using existing vegetation or a combinadon of existing veneration and
new buffer elements alone am residential district bomdarv. Sueh-useis
landscaping than sandined by the applocam.
E. (unchanged]
Section 2
§ 165-102, General Commercial & Service District shall be amended as follows:
os -269
A. -C. Iunchmrged]
D. Conditional uses. Subject to Pluming Board approval under the provisions of§165-9, the
following uses may be pemdtted in Nis district:
(1)-(5) [unchanged]
(6) Entertainment or recreational use not wholly conmined within a building, provided Naz:
(a) The appliant demonstrates that noise levels will not adversely affect any adjacent
property:
(b) The boundary of the use area is not less Nan
boundary lMf«tfromanyexistingresidentialbuildi . For
the mumose ofN' " shall include any mea where there will be ---
any acAvity associated with the use human or otherwise but shall not include any
reouned buffervard.
(c) Outdoor recreational facilifies shall use full cut-mror directionally shielded
lightim fixtures airmxl towarxis the reemelion own. All luttraw sloallb h' Ided
to yravent light from dire cmd shining on my adiacent PMPcMeQmmhl&4ghg
(d) Outdoor recreational facilities shall provide at minimum, aD-I buffer or
equivalent using existing vegetation or a combination of existing vegetation and
new buffer elements alone any residential district bowdarv. Such-nse-is
E. (unchanged]
in Gin COMM
Augwt 8, 2005
Pirst Reading
Seferred to the PLawing
Boa
. C 6
M CPLD Co09GIL
August 22, 2005
Hotiw Made and Seconded
for Passage
vote: 9 -0
Councilors voting yes: Allen
Cashmell, O'Errico, Parrivo tw.
Gractick. Greens. Tinton. Stone.
Tremble
cwnc lon voting no: sone
Dasa
w CE HR
C 05-269
0 REIERECE
UM)Imeading Chapter 165. imd EnvelopacIt
e, Section ctrw 02 to
geduce outdoor Entertainment Setbacks in S&PS
and 6S .
nuipud:o councilor