HomeMy WebLinkAbout2000-12-11 01-62 ORDINANCECOBNC1LArn0N
Item No. 01-61
Date: 15-11- 00
Item/Subject. ORDINANCE, Amending the laud Development Cale, Chapter 165: § 165-5B
(Applicability; canstmal of provisions); § 165-37A(2) (Principal and accessory stucmres); and § 165-57
(Definitions).
Responsible Department: Legal ONice
For Referral to Planning Board Meeting of Tuesday, December 19, 2000, 7:00 P.M.
The Department of Emironmental Protection recently alerted the City to the fact that several
changes to land Development Code's shoreland zone regulations had hot been approved by the
state. Accordingly, a copy of the Code was sem to DEP for approval. On November 29, 2000, DEP
issued an order conditionally approving the Code. These amendments are required In order to
comply with the DEP conditions and essentially establish a 75 foot setback from all wetlands,
streams, and outlet streams.
Department Head
a P j f 1�i � py /
City
r
Fnance Director
Passage
First Reading Page-2—of 1
X Referral to Planning Board
01-62
Assigned to councilor ealdacct Deeeober 11, 20M
CITY OF BANGOR
(TITLE.) Ordinance, Amending the land Development Code, Chapter 165: § 165-5E (Applicability;
construal ofpcovisions); § 165-37A(2) (Principal and accessory structures); and § 165-57 (Definitions).
§ 165-5. Applicability; consmual oft Agom.
B. ne provisions of this chapter shall not be mastrued to repeal, abmgare, annul or in my mama impair
r interfere with the provisions of other laws or ordimnces, wrmpt those spwificilly repealed by this
chapter, or to impair she provisions of Owns restrictions placed upon property by covenant deed or
other prise¢ agreement, or with restrictive covmams running with the hard to which the city is a parry.
Where this chapter imposes a greater restriction upon hard, buildings or structures then is impo d or
required by any such provision of law, ordinance, cmtract or dm], the provisions of this chapter shell
prevail. W m Provisions of this chemo- conflict with other movismas of this charter. the more
restrictive renulntory moviaim shall mevnil.
§ 165-37. Principal and amesmry ewcmree.
f .Mrllq
(2) All new principal and accesmry strocmres shall be sd back at least 75 f«t from then ass Ihigl�
weterl"egg uPlandedeeofafehwmter wetland, remdlesofwhelerthelotadiac ttothe
freshwamr wetland is served by public wazer sort sewer. so --It-I I -----
§ 165-57. Defminom
OUTLET STREAM -- Any per sial or internment stream, w shown on the most recent edition of the sever
and me half -minute series or fiflem-mmum aeries or if not available. a fiflem-minim aeries mpvgrephic map
produced by the United States (3eologcW Survey that flows from a fieshwamr wetland.
SI1012ELAND ZONE—The hard area located within 250 fess, ho nrWal distance, of the normal Lipp -water line
of my treat pond, fives or saltwater body, within 339 71 fart of the upland edge of a or sial or freshwater
well®d; or within 75 fest of the normal high-water line of a sooner or outlet stream.
WATER BODY—Any Beat pond, river, dmasnmiles mmm. or tidal area
IM CITY COBMCIL
Oeceober 11, 2000
First Beading
Referred t0 Planning
Board
IN CITY CO➢MCIL
December 27. 2000
Motion for Passage Made
and seconded
Voce: 5 yea, 3 absent
gomdlors voting yea: Blanchette,
Paloer, Robson. Treadle S
vardamis
Councilors absent: Baladaccf.
Crowley S Pardam
p
c CLRW.
p 01-62
ORD IPAN CB
(TITLE,)A ending the lend Developmeut Code,
Chapter 165; 4165-5B(appScability): Contrast
of Prwisiw).4165-3]A(2) (Priwipsl and Accessory
structures); and6165-57 (Befiaitioas)