HomeMy WebLinkAbout2000-12-11 01-61 ORDINANCECOUNCILAMON
Itam No. nr.x
Date: 12-11- 00
Item/SubjecU ORDINANCE, Amending the Land Developmem Code, Chapter 165: § 165-13
(Defiumons); § 165-88C and (URD -1); § 165-89C and D (URD -2); § 165-90C andl) (M&SD); § 165-91D
(NSD); § 165-92C (USD); § 165-93C (DDD); § 165-94C (WDD); § 165-99C and D (LDR); § 165-99C
(HDR); § 165-101C (S&PS); and, § 165-105C and D (RRAA).
Responsible Department: legal Office
Commentary:
For Referral to Planning Board Meeting of Tuesday, December 19, 2000, 7:00 P.M.
The purpose of this amendment Is to add places of worship as permitted uses in zoning districts
that permit other similar uses as required by the Religious land Use & Institutionalized Persons Act
of 2000. The amendment also deletes references to "community living facilities" and replaces it
with "community living arrangements." Community living arrangements are integrated iota the
various residential zoning districts In accordance with 30-A M.R.S.A. § 4357-A. Finally, the
amendment adds broadcast studios as a perm'dted use in the Downtown Development District and
Waterfront Development District
Department Head
Manager's Comments: 7)U
Qty Manager
Associated Information:
Finance Director
Passage
2L Fired: Reading Page 1 oft_
X Referral to Planning Board
(2) Caoup day-care or nursery schools.
(3) Home occupations or prof¢scions(subject to therequiremmfe ofAmole TV).
(4) Community living annngemnnts. in azcordmce wiW M -A M.RS.A. 6 4357-A. as may be
amended.
(5] Accessory uses on the same lot and customanly incidental m and subordinate to the above uses
or to an approve[ WndNoaal use mother Suescomou D Wow.
D. Constituent uses. Subject to Planning Dowd approval motor the provisions of§165-9, We tbllowhmg uses
maybe permiaed le Wis dislnct
seeamrebeWueaa
§ 165-90. M&SD.
C. PermittM uses. The following uses are permiud m this district
(1) One-family.two-Wmily, and multifamily detached dwellings.
(2) Oroup daYwremrnmttryschamis.
(3) Deycme centers.
(4) Home occupations mMinisters (subject b the rnryiremmta of)otlole lh.
(5) Communitv living mmamwta in accordance with 30-A M.RS.A 5 4357-A. as may be
mended.
j¢] Accessory uses nn the same lot and customarily wD belowo and subordineh [o [be above uses
m m nn approved cnnditwmnn
l use der SubsectionD below.
D. Conditional uses. Subject to Planning Hoard approval under the provisions of§165-9, the following uses
may be permiaed in this district:
(1) Hoarding and rooming houses, bed-and-breakf sts, i1Wesnumml; homes,
places of worship and maaal homes, subject to the ralum ments of § 165-9 sort Article M of
We chapter.
§ 165-91. NSD.
D. Conditional uses. Subject to Planning 9mmd approval under the provisionsof§165-9, the Wllowiug setts
may be pwmiaed in this district
(1) A mixer residentieUwmmmial use, provided that We commercial use is permuted in
Subsection C above and theresWential use does not exeml two dwelling units and provided that
it meets We minirmenm of§ 165-9 sed Article XIX of this chapter.
C2) A home occupation or profession in an approval mixed no vada Subsection D(1) above and
meeliag the requirements ofA cle N,§165-9 and Article XIX of this chapter.
3 A Were ofwashi 'dal such inIoomeretmanor amenal street.
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§ 165-92. I15D.
C. Pamined uses. Tiss following uses are permitted in this district:
(t) Aeybuswess office mprok¢simvaloffica
(2) MmeSbctdaim.
(3) Schmlacwduad for pmPq such esvmde business, deuce and music schools.
(4) Group daYcem avursegy school.
(5) CoYcareewree.
(6) Cmmmmityservice
ivzo. imfiens.
('8) Club or lodge, privet¢.
(9) Eacbs and drinking cestascmnductal formofit.
(9) Paring and drinking estblimment.
(lo) placesofwmail o.
L� Any whim a Wetting savlceo gossis or ceptToss Wase provided for w Subsw.utm Dhexcept gvduclM
within a di Wive mr no goads i materials didisplay or atered to 1% except good¢ or
matn'et diaptyed for retail eek wit m outdoor display area Instinct fo 1%ofrise gosa Hoot
urea ofinebuild'mg.
§ 165-93C. Wvrotewn Development District (DDD), Pemiiued Uses.
C. PamittM uses. The following uses we pamived in this district
(1) Any business office or profasiaoal office.
(2) Motel, hotel or mo.
(3) Schools mvsucted for pmfi4 mcb as made, business, dame, gymamlic and music schools.
(4) GrwP clay-cme or mmsery school.
(5) Daycare cover.
(6) P cational uses or cultural uses, each as musenms, libraries, Insurers, "As smmes and
caavermon comers.
(7) commmirysvad«elgmiesdenm.
(g) Plivae membership, social and fiaremal clubs.
(9) Govemmentl office buildings.
(10) Bnclaoed recreation centers.
(11) Any oma Wail or ce I uawess (except as provided for under Subsections D below)
condumed wholly within a Wilding wit no gmds or materials displayed or stored outdoors,
except grads or Wooden of a seasonal mire displzred for retail sales, wiW outdoor display
area limited to 1% efine gross finer ares offfie building.
(12) Paskinggamgemparkwglot-
(13) Bos terminal.
(14) Readeodal uses.
(15) pkceso£Wolshim.
(16) Hmadcest slashes.
U2) Accessory uses on the same lot and customarily incidental sod mbmgdmaze to the above noun mud
mole approved under Subseefion D below.
§ 165-9, w D.
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C. Permitted uses. The followivgvms are pennimedm this disuia:
(I) Any business office mprofessioanl office
(1) MWel, hotel or iaa.
(3) Paclosed rmreation cmrera mrau as againfW business.
(4) AaGvg and amazing establishments.
(5) Any other retail or service business (except those refenW to under Subsection D below)
conduct! within a building with no goods or materials displayed or mored outdoors, except
goods or measures of a seasonal nature displayed for retail sale, with outdoor display men IimiW
o 1% of the gross floor mea devoted to said business within the builcm& but specifically
emludivg sales, leasing or service of auomobiles and other equipment or mzchoery.
(6) Residential use of existing buildings W rhe model; district built prior o the time of passage of
this subsection.
(7) Placesofworshiv.
Broa lu ms murine.
f4] Accessory use on the same lot and customarily incidental o and subordinate to We above uses
and thou pwmittod as conditional uses in Subsection DWow.
§ 165-99. MR.
C. P ftsef uses. The following uses are permitod in this district
(1) Smgl f®ilyclunwhMdwellings.
(2) Home occupation or prolession(subject mthe requirements of Article M.
(3) Orrarounity livingtat in accordance vrith 30-A MRSA 4 7
g end
[4] Accessory, uses en the same lot and cumomeily incidmml to end suburdinnm to the above uses
w
and myuapproved underSubsectian D below.
D. Conditional uses. Subject to Planning Boertl approval under the provisions of§165-9, the following uses
maybe permitlod W Wia district
eash sessions
§ 165-100. HDR
C. Permitted uses. The foRmvwg uses are permittedth Wes district:
(1) Oe -family, two-family, thrmWmilyand Wur-family, dwellings.
(2) Avachdresidential.
(3) P Iot-lice detached residmtlal complex on a minimum site of five acres.
(4) Home occupation or petfesaion(subject to We requir®rots of Article M,
(5) Community living 1494aW arrmaemmm. in mcoNanne wild 30-A M R S A § 4357-A. as may
fie amendM.
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(6) Group day-care or nursery school
(y) Accessory uses out Ne some lot and custommily, incideoml to and subordinate m Ne shove uses
unit my use approved undo Subsections D below.
§ 165401. S&PS.
C. pmmitted uses. The fallowing uses are pennittal in Nis district:
(1) Business office or profsiooal office.
(2) Retail or service busions conducted wholly within a Wilting w % no goods or materials
displayed or stored outdoors, except goods or rnmerials of sensovsl nalme displayed for reran
side, wiN outdoor display mea limited to 1%of Ne gross floor area of Ne building.
(3) Motel, hotel or im.
(4) Schools condu ul fer profit, such as nada burnous, more, gymnastics and music schools.
(5) Group clay -cone or nursery school.
(6) Day -case center.
('i) flaciosd remornon centers kr profit.
(S) Community service organimtkn.
(9) Private membership social and fiatemal clubs.
(10) Renanmnta
(11) Places ofworahio.
fJQ2 Accessory user on No some lot and cuabmarily ncimental to and sumadmate to the above use
and my use approval oder Subsection D below.
§ 165405. RRItA.
C. pennined uses. no kuowng uses are perminM in nor district
(1) Agriculture.
(2) ne role of farm, mrstry, dairy or poultry products wikin u rtrucmre having a groes fioor men
of not more than 500 square feu.
(3) One -f nfly dwelinge and we -family demhed manufmmred houeng umsd
(4) Home occupation or Mention (subject to the requirements of Article M.
(5) bduuictpzd ones.
(6) Public utility and public servitu uses.
(7) Commanity uvion arranvemenn. in orordance wik 30-A M.R.SA 8 4357-A. as may be
amanded.
( Accestrry uses on Ne same lot and cusu mmily Incidental to and mbordivate n Ne above uses
and my use approved under Subsection D below.
D. Conditional uses. Subjmtto Planing Boal approval order the provisnns of§165-9, Ne following uses
may bo Isom of in this district:
(1) Quarries and grovel pin, provided that they most the recluirementa of Article VI.
(2) Aaimal pounds, kernels, anal hospitals and animal clinic; pmvidd Not such facilities are
located at least 100 feet from my residential district and at lea t 150 feel from my ruidotial
building on an adlonng pmcel.
(3) Tooting and camping areas, golf comes and driving ranges (except mwu0ve golf courses),
provided ibd:
(a) They ate loin on the fallowing arterial bighways: Route 15 (Broadway) and Route
222 (Union h ).
(b) Such facilities are set back at least 50 feet from the shat tightaRway line.
(c) Access drives are so IomtM and desigued to ptovide free, mobsttuctei views of
vehicles from the drives and hom the strat and ads is stopping sight dislmas m
such drives are anilahk on the shat
(4) Radio and television towers, provid that such facilities am bated not less than 100 fat from
any pmpetty Ike and not lens than 150 fat from my existing taidootial building.
(5) Plaees of worship. provided such site developmat is located on a maka adefial shed and the
site is served by public water and sewer.
(¢1 Cemderies, provided that they meat the fauimmenk for access driws in Subsectim Dfige)
above and confoum to d w amtutes.
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CITY OF BANGOR
(TITLE.) Ordinance, Amending the Land Development Code, flouter 165: § 165-13 (Defnatlons); §
165-88C and D (UM -1); § 165-89C and D (URD -2); § I65 -90C and D (M&SD); § 165-91D (NSD); §
165-92C (USD); § 165-93C (DDD); § 165-94C (WDD); § 165-99C and D (LDR); § 165-IOOC (HDR); §
165 -ZOIC (S&PS); and, § 165-105C and D (RR&A).
§ 165-13. Definitions.
COMMUNITY LIVING FAC -IFA Y ARRANGEMENT - A housing facility for eight or fewer oemore with
disabilities whicM1 is approved, authorized, certifiN or
licensed by the some as provided for in 30-A M.R.S.A. §-43514§ 357-A, as it may be amended,, -pt 4 M , is
§ 165-88. URD -1.
C. Permitted uses. The following uses are permitted in this district
(1) One -family detached dwellings.
(2) Home occupations or professions (subject to the requirements of Article IV).
(3) Community living"rde 'h 30-A MRSA 6 4351-A as may be
mended.
M Accessory uses on the same lot and customarily incidental to and suboMinate m die above uses
or to an wpmwd conditional use 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 districe
SEP erete n Arco Er
hab
§ 165-89. URD -2.
C. Permitted uses. The following uses am Permitted in this district:
(D One -family, two -f ily, game family and four -family detached dwellings.
(2) Group day-care or nursery schools.
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as elflum® m
soesnavnox
(3) Home occupations or prof ion$(subject b the requirements; of Article IV).
(4) Community living o A M.R.S.A. 4 4357
amended
O Accessory uses on the same lot and customarily incidental m and subordinate to the above uses
or to an approved conditioml use under Subsection D below.
D. Conditioml uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses
may he permitted in this district:
aereatebad ssmv
§ 165-90. M&SD.
C. Permitted uses. The following uses are permitted in this district:
(I) Diwfamly.two-family, and multifamily doweled dwellings.
(2) Group daycare or nursery schools.
(3) Day-care centers.
(4) Home occupations or professions(subject to the requirements of Article IV).
(5) Commanity living in accordance with 30-A AMA.
amended.
L6) Accessory uses on the same lot and customarily incidental to and subordinate to the above uses
or to an approved conditional use under Subsection D below.
D. Conditional uses. Subject to Planning Board approval under the provisions of§165-9, the following uses
may he peronined in this district:
(1) Boarding and rooming houses, bed-end-meakfanq --�..a nursing homes,
places of worship and funeral homes, subject to the requirements of § 165-9 and Article XIX of
this chapter.
§ 165-91. NSD.
D. Conditional wee. Subject 0 Planning Board approval under the provisions of§ 165-9, the following uses
may he permitted in this district:
(1) Amix residemiallcommeroial use, provided Nat the commercial use is permitted in Subsection
C above and the residential use does not exceed two dwelling units and provided that it meets the
requirements of§ 165-9 and Article XIX of this chapter.
(2) A home occupation or prof ioa in an approved mixed use under Subsection D(I) above and
meetingthe requirements of Article IV, § 165-9 and Article XIX ofthis chapter.
(3) A place of worship. provided] such sito development heated on a ma'marter'al street
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§165-92. USD.
C. Permired uses. The following uses we permittN in this district
(1) Any business once m professional office.
(2) Motel, hotel or inn.
(3) Schools conducted for proN, such as trade, business, dance and music schools.
(4) Group day-care or nursery school.
(5) Day -cam canter.
(6) Community mrv[m organizations.
(7) Club or lodge, private.
(8) Enclosed recreation ceMem conducted for profit.
(9) Ending and drinking establishments.
(10) Places of worship,
(11) Any other retail or service business(except Mose provided for in Subsection D below)conducted
within a building with no goods or matenals displayed or stored outside, except goods or
materials displayed for retail sale wide an outdoor display mea limited In i% of the pass floor
area of the building.
§ 165-93C. Downtown Development District (DDD), Permitted Uses.
C. Permitted uses. The following uses are permitted in this district
(1) Any business office or professional office.
(2) Motel, bow[ or inn.
(3) Schools conducted for profit, such as made, business, dance, gymnastic and music schools.
(4) Group day-care or nursery school.
(5) Day-care center.
(6) Educational uxs or cultural uses, such as museumR libraries, theaters, sports arenas and
convention centars.
(7) Community service organizations.
(8) Private membership, seoizl and fraternal clubs.
(9) Governmental office buildings.
(10) Enclosed recreation centers.
(11) Any other remil or service business (except as provided for under Subsection D below)
conducted wholly within a building with rm goods or nationals displayed or smfal outdeom,
except goods or materials of a seasonal nature displayed for retail sales, with outdoor display
area limited to 1%ofthe gross floor area of Me building.
(12) Parking garegecr parking lot.
(13) Bus terminal.
(14) Residential uses.
(15) Places of Wmhol)
(16) Baadcaet studios
LU7 Accesary uses on the same lot and ashamedly incidental and submilinme to the above uses end
those approved under Subsection D below.
§ 165-94. WDD.
C. Permitted uses. The following uses are permitted in this district
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(1) Any business office or professional office.
(2) Motel, hotel or inn.
(3) Enclosed recreation centers conducted as a ginfbl business.
(4) Eating and drinking establishments.
(5) Any other retail or servicr business (except those refwred to under Subsection D below)
conducted within a building with no goods or materials displayed or stored outdoors, except
goods or materials of 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 use of existing buildings in the inning district built prior to the time of passage of
this subsection.
(y) Places ofwumhlo.
(S) Broedwst studies.
O Accessory sews on the same lot and customarily incidental to and subordinate m the above uses
and those permitted as conditional uses in Subsection D below.
§ 165-99. LDR.
C. Permitted uses. The following uses are permitted in this district
(1) Single-fvnuy detached dwellings.
(2) Home occupation or profession (subject to the"umments of Article IV).
(3) asommans living mommounge in accordancewith 30-A MRSA b 4357-A be
minded.
(4) Accessory uses on the same lot and customarily incidental to and submariners to the above uses
and any use approved under Subsection D below.
D. Conditional uses. Subject to Planning Boom approval under the previsions of § 165-9, the following uses
may be pertained in this district:
�e a
§ 165-100. HER.
C. Permitted uses. The following uses are pennitlei in this district
(1) One -family, two-family, three-family and four -family dwellings.
(2) Attached maidential.
(3) Zero -lot -line detached residential complex on a minimum site of five notes.
(4) Home occupation m Profession (subject to the requirement of Article IV).
(5) Community, living f lii b with 30-AMRSA 6435!-A be
amended.
(6) Group day-care or nursery school.
(7) Accessory uses on the same lot and customarily incidental to and subordinate to the above uses
and any use approved under Subsoation D below.
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§ 165-101. S&PS.
C. Permitted uses. The following uses are permitted in this district
(1) Business off" or prokssional office.
(2) Retail or service business conducted wholly within a building with no goods or materials
displayrd or stored outdoors, except goods or materials of a seasonal nmure displayed for retail
sale, with outdoor display area limited to 1% of the gross floor mea of the building.
(3) Motel, hotel or inn.
(4) Schools conducted for profu, such as over, business, dance, gymnastics and music schools.
(5) Group day-care or norsery school.
(6) Day-care center.
(7) Enclosed recession centers for profit.
(g) Community service organizations.
(9) Private membership social and fraternal clubs.
(10) Restaurants.
01) Places ofworsbin.
fid Accessary uses on the same lot and customarily incidental to and subordinate ro the above uses
and any use approved! under Subsection D below.
§ 165-105. RR&A.
C. PermiOed oars. The following uses are pennipd in this district
(1) Agriculture.
(2) The sale of farm,norsery, dairy or pointy prducts within a structure having a gross floor arca of
nor more [ban 500 square feel.
(3) Onwarriy dwellings and one -family demchd manufactured housing units.
(4) Home oocupasion or profesalon(subject to the reavirements of Article lV}
(5) Municipal ones.
(6) Public utility and public service uses.
(7) Communitc living ansingemenm in accondasocwith 30-A MRSA 6 4357-A as may be
amended.
(8) Accessory uses on me same lot and customarily incidental to and subordinate ro the above uses
and any use approved under Subsection D below.
D. Conditional uses. Subject to Planning Bound approval under the provisions of § 165-9, dr following uses
may be permitted in this distrix:
(1) Quarries and gravel pits, provided that they meet the orpoirements of Article Vl.
(2) Animal pounds, kennels, animal hospitals and animal clinics, provided that such facilities are
located 9 least 100 hat from any residential district and at least 150 fact from any residential
building on an adjoining parcel.
(3) Tenting and camping area, golf courses and driving mages (except miniature golf coarses),
provided that
(a) They are located on the following arterial highways: Route 15 (Broadway) and Route
222 (Union Street).
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(b) Such facilities are set back at later 50 feat from the street riglnroftway line.
(c) Access drives are so located and designed to provide free, unobstructed views of vehicles
from the drives and from the street and adequate stopping sight distances to such drives
are available on the street.
(0) Radio and television towers, provided that such failities are located not less than 100 feet from
any property line and not las than 150 kat from any existing residential building.
(5) Places of worship, precided] such site development's located on a me or arterial street and the
site is dM Public asater and
f§] Cemeteries, provided Net May meet the requirements for access driven in Subsection O(JXc)
above and conform to state statutes.
Asalgaed to C arucilon pardama December 11, 2000
CITY OF BANGOR
(TITLE.) Ordinance, Am coding the Land Development Code, Chapter 165: § 165-13 (Definitions); §
165-88C and D (1 I); § 165-89C and D (TIRO -2); § 165-90C and D (MSD); § 165-91D (NSD); §
165-92C (USD); § 165-93C (DDD); § 165-94C (WDD); § 165-99C and D (LDR); § 165-99C (HDR); §
165-101C (S&PS); and, § 165-105C and D (RR&A).
§ 165-13. Definitions.
COMMCNlfY LIVING €I PU PFK ARRANGEti T - A housing facility for eight or fewer reasons with
diabilmee - - — - - - ----- -1 --`I-' p"-"-" which is approved, aotborized, certified
or licensed by the sate as provided for in 30-A MRSA. §13514$ 357-A. as it may be ameeded,neeceept-fBm-
§ 165-88. IIRD-1.
C. Pmmihed does. The following uses sae permimedn this district:
(1) Oae-femily ddacbed dwellings.
(2) Home Occupations or prolbssioas(subject to themquhememss of Article IV).
(3) Cfggggnitv livm2 amemsements, in accomence who 30-A MRSA § 4357-A be
amended.
L4] Accessory uses on the same lot and cumamadiy incidental to and subordmme to the above uses
or to an approved conditional use under Subsavou D below.
D. Conditioned uses. Subject to Planning Board approval under the provisions of§165-9, the following uses
may be permitted in this district
16p 1,ebedmeue'
lot
§ 165-89. 1TRD-2.
C. Permitted uses. The following uses are permitted in this district:
(1) One -family, two -family, three-fimily sued four- family detached dwellings.
IA CITY COUNCIL
December 11. 2000
First gesdiug
Referred to Flooding
Board
6
CITY cimxg
IN CITY CODeCIL
December n, 2000
notion for Passage Made
and Seconded
MOtin to Amend by Sabstitutiaa
Made and Seconded
Motion to Pass As Amended by
Substitiutfon Made and
Seconded
Vote: 5 yes. 3 absent
Councilors votmugg yes: Blanchette,
Palmer. Bobman, Tremble 6 Vardamis
Councilors absent: Beldacci, Crawley
6 Parnham
Passed As Amended by Substitution
CITY
08DINANCE
(TITLEJAmendina the Land Development Code,
Chapter 165: 5165-13 (Definitioos);$165-88C
and D (UgD-I); 5165-89C and D (ODI -2); 4165-9(C
and D (MSD); 5165-91D(BSO);S165-92C(USD);
5165-93C(DDD); 5165-94CMD); 9165-99C and D
, and
5165-105C and D (EEM)
mm