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.
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Department Head
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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.
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§ 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.
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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.
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(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