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HomeMy WebLinkAbout2002-08-26 02-319 ORDINANCEItem No. 02-319 Date: August 26, 2002 Item/Subject: ORDINANCE, Amending Land Development Cade—Chapter 165, Section 165-g6 — Waterfront Development District Responsible Department: Planning Division Commerrtary: For Referral to Manning Board Meeting of Tuesday, September 3, 2002, 7:00 P.M. These proposed ordinmrce amendments modify the conditional and permitted uses within the Waterfront Development District. These use changes reflect a refinement and consolidation of allowable uses for the Waterfront Redevelopment Arca. The proposed amendments to the height provisions will bring the Land Development Code into compliance with State Shoreland Zoning Statute. Dep rimerrt Head City Manager Associated Information: Finance Director legal Approval: City Solicitor Introduced for Passage X First Reading Page I of 1 X Referral to Planning Board Meeting of September 3, 2002,7:00 P.M. 02-319 l K Acuignea to emmcilox Bllm Augaut 26, 2002 CITY OF BANGOR (TITLE.) o TCh n dR C e r Amending Land Development Code — Section 165-94— Waterfront Development District aeuo Mu%(brrx.carofBa .. as7livM § Jull Waterlini Development District (WDD). A. Statement of purpose. The Waterfront Development District is established to provide for the dynamic reuse of river and stream frontage areas of the City in keeping with current market conditions and community objectives. The range of use in these areas must include some traditional water transportation activities, provision for the Interaction of water- and land-based activity and commercial uses consistent with a recreational and/or visitor use of the area, as well as opportunity to use existing building space for office, residential and other complementary activities. B. Basic requirements. Buildings or land used or occupied and buildings or structures erected, constructed, reconstructed, moved or structurally altered, whether permitted uses or conditional uses, shall comply with the requirements of this section, Articles 11 through XII and the specific development standards of Article XIX of this chapter. C. Permitted uses. The following uses are permitted in this district: (1) Any business office or professional office. (2) Metel, 19rotel or Inn. (3) Enelesed reeFealian centers cenduEbed as a gainful bus mess. Recreation facilities. (3) Eating and drinking establishments. (5) Any other retail or service business (except those referred to under Subsection D below) conducted within a building with no goods or materials displayed or stored outdoors, except goods or materials of a seasonal nature displayed for retail sale, with outdoor display area limited to 1% of the gross floor area devoted to said business within the building, but specifically excluding sales, leasing or service of automobiles and other equipment or machinery. (6) Residential usof ex at mg hu Idings in the ear ng d sar a built or er to the I me of e . 02-319 (7) Places of worship. (B) Breadeaststud ies. 181 Conference Center. (9) Museums theaters exposition halls or art calledes (9)L) Accessory uses on the same lot and customarily incidental to and subordinate to the above uses and those permitted as conditional uses in 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) Marine -related commercial uses, to include beat sales and service docking and service, boat rental, tour boat and fishing services and other aquatic activities requiring access to the river, provided that: (a) Such uses are located within 250 feet of mean high water on the Penobscot River. (b) Such uses will create no noxious odors or excessive noise (above 65 decibels). (c) Such uses meet the following site development standards; those for permitted uses in Subsection C above, except that no building shall exceed a maximum height of 90 35 feet, and accessory use docks, slips, walkways and boat -handling equipment may be located within 50 feet of mean high water. (2) High-rise hotel, provided that: (a) Such facility will not be located within 200 250 feet of mean high water on the Penobscot River. (b) Such facility will meet the basic standards of Subsection C above, except the maximum district height, which for this facility will be trot more than 100 feet. (c) Such facility will be sited to allow for the minimum blacking of the view from properties away from the riverfront side, and siting of the facility will be such as to allow for a dear, unobstructed view (from ground level) 100 feet in width between such a hotel facility and any adjacent buildings from the Main Street right-of-way to the Penobscot River bank as defined by mean high water. (b) Such activity will create no adverse off-sde impact by reason of obnowous fumes, excessive noise or airborne particles to be generated by the proposed use. (c) Such activity does not utilize in excess of 20,000 square feet of building Floor area. (d) Products manufactured or processed on the site are available for sale and/or mnsumpbon to the public on the premises as part of the activity approved under this section. (e) The sales and/or other related activity occupies Floor area within the building equal to at least 25% of the Floor area allocated to the manufacturing or processing use. f01�i.�uUL-xr2�HH i:LII1 OIIIW.�t- �-' E. prohibited uses. Any use not specifically permitted in this section or in Articles II through XII of Nis chapter is prohibited. STATEMENT OF FACT: Additions are underlined and deletions are s[wekeef. IN CIW COUNCIL "Vat 26. 2002 First Needing 02-319 Referred to Pleasing hoard 0 R D INA NCE Title, seceding Land Development Code - CIII Chapter 165, Sectin 165-135. Application aed F plmatiou of Standards Schedule A IN CITY COUNCIL Assigned to September 9, 2002 Notion Made and Seconded for Passage vote: 9 yes II Co:mcilors votlag yes: Allen, Councilor �} l`en Baldacci. Greeley. Potatoes, Farrington. Needier, Palmer. cCCIU'Ctl0.. 1.^tea ll Rohavon and Tremble Passed CL