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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