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HomeMy WebLinkAbout2001-04-23 01-188 ORDINANCEItem No. 01-18e Date: 4 - 23 - 01 Item/Subject: Ordinance, Amending the Code of the City of Bangor, Chapter 165, Land Development Code, § 165-108, Stream Protection District. Responsible Department: Planning The purpose of this amendment is to bring the Stream Protection District into conformity with DEP shoreland zoning regulations. The amendment establishes a 75 -foot setback from the normal high- water lines of streams and eliminates the Planning Board's authority to grant a varial from the setback for accessory structures. Shoreland zoning generally mandates a minimum 75 -foot setback from streams and does not permit a Planning Board to grant variances therefrom. 4 Department Head I / i r 1 l I I , � / Ir . Finance Director Passage First Reading Page _of_ Referral A _r Assigned to Cmmcilor Crowley darn 23, 2001 CITY OF BANGOR (TITLE.) Ordinance, Amending the Code of the City of Bangor, Chapter 165, Land Development Code, § 165-108, Stream Protection District. & &orda%vwbYCie 02yofEarw, wfohtl § 165-108. Stream Protection District (SPD). A. Statement of purpose. The Stream Protection District is established to preserve and protect defined streams In the developing areas of the city. The district is intended to ensure that the functions of such natural drainageways to ear ry-sEeriimiles, to provide fish and wildlife habitat, to support vegetation, to provide visual relief from development and Im provide passive recreation opportunities are not encroached upon by future development in these development sites. 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, Article VII and the following specific development standards: (1) Minimum setback from normal high-water line: 50 75 feet. (2) Minimum lot size and other site development standards: (a) For lots located totally within the district the requirements of Article VII shall apply. (b) For lots located partially within the district and partially within an abutting district defined in Article XIV or this article, the requirements of the abutting district shall apply, and the area within the Stream Protection District of such lots may explicitly be used to meet such standards. C. Permitted uses. The following uses are permitted in this district: (1) Timber harvesting in keeping with the requirements of Article VII. (2) Agriculture, including the production of dairy products and crops and the keeping and raising of livestock and poultry, except for feed lots, in accordance with Article VII. (3) Tree farms and forest nurseries. (4) Recreation trails, such as bicycle, hiking, saddle, carnage, ski, snowmobile and snowshoe trails. (5) All activities necessary for managing and protecting the land, Including but not limited to forest management activities, wildlife management, mineral exploration, surveying and fire protection. (6) Other recreational activities not requiring structures. (7) Accessory uses to uses permitted in abutting zoning districts located on the same lot, provided that no ifs" such use may be is located within 75 feet of the normal high-water line of the stream. fallewfing re§uirernenlaii Ea) if SHEI! use is located F th R 75 feet of the in man 1 Sh waieF 'on f the _ ___ and _ min mum ___ __ __ _ _ landseaped 1359, Buffe Ya d D 3 or D 4, shall he is evaded life Remaining area belaween the hUMF yard and the no inal h gin (8) Buffer yards as defined under the provisions of this chapter. (9) Accessory uses subordinate and incidental to the above permitted use and those approved 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 district: (1) Public utilities, including sewage collection and treatment, provided that: (a) All the requirements of Article VII are met. (b) An environmental impact statement is prepared which demonstrates that such use will create the minimum amount of degradation necessary to install and operate such use. (2) Piers, docks, wharves, breakwaters and bridges, provided that: (a) All requirements of Article VII are met. 2 (b) An environmental Impact statement is prepared which demonstrates that the installation and operation of such a facility will have minimal negative impact on the immediate environment. (3) Filling, grading or dredging, provided that: (a) All pertinent requirements of Article VII are met. (b) The requirements of Article VI are met. (c) A plan for precautions taken during construction to eliminate erosion and prevent environmental degradation and a plan for restoration of the site after construction, including revegetation, are submitted which demonstrate the minimal disruption of the environment in the immediate area. (4) Road and ddveway construction: (a) Provided that such private drive is necessary to provide access to a permitted or conditional use established in conformance with the provisions of this chapter; or (b) Where no reasonable route or location Is available outside of the Stream Protection District Area as determined by the Planning Board. B. Prohibited uses. Any use not specifically permitted in this section or In Articles It through XII of this chapter is prohibited. IN CITY COUNCIL April 23. 2001 First Heading Referred to strategic Issues Cummuttee cxTP ¢Bea IN CITY COUNCIL Sone ll. 2001 Nation Made and seconded for Passage Pots: 9 yes Councilors votiag yes: Baldacci. Blanchette. Crowley, Parnham, Farrington, Palmer, Robust, Tremble A vardaais Passed CITY CLRNH 01-188 ORDER Title, Aneading the Code of the City of Bangor, Chapter 165, land Development code, 4165-108. Street Protection District Assigned to n Councilor