HomeMy WebLinkAbout2017-04-10 17-135 ORDINANCECOUNCIL ACTION
Item No. 17-135
Date: April 10, 2017
Item/Subject: ORDINANCE, Amending Chapter 165, Land Development Code, of the
Code of the City of Bangor, Section 135 by adjusting the Building
Envelope requirements in limited setback situations.
Responsible Department: Planning
Commentary: This ordinance would amend chapter 165 of the Land Development Code,
Section 135, to adjust the building envelope requirements and allow structures to be
constructed up to twenty feet in height where the setback may be less than 20 feet.
The Height limitations and "building envelope" did not anticipate structures would be less than
20 feet from property lines and did not make allowance for it in Section 135. This amendment
to the Land Development Code would allow structures of at least 20 feet tall where setbacks
may be 20 feet or less.
Department Head
Manager's Comments:
City Manager
Associated Information:
Budget Approval:
Finance Director
Legal Approval:
Solicitor
Introduced for
Passage
x First Reading
x Referral to the Planning Board on April 18, 2017
17-135
APRIL 10, 2017
� Assigned to Councilor Nealley
Y
CITY OF BANGOR
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ORDINANCE, Amending Chapter 165, Land Development Code, of the Code of the City of Bangor,
Section 135 by adjusting the Building Envelope requirements in limited setback
situations.
WHEREAS, the Land Development Code allows adjusted or minimal setbacks in certain circumstances
and;
WHEREAS, current Building Envelope standards do not appear to take into account zero or minimal
setbacks;
WHEREAS, certain building appurtenances limited to a height limit of 20 feet or less would have no
adverse impact on adjoining properties.;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT
Chapter 165 of the Code of the City of Bangor be amended as follows:
§ 165-135 Application and explanation of standards.
Numerical standards, height and density concepts, yard requirements and other
measurements of development, bulk or intensity need to be clearly understood if such
standards are to be properly applied. This section explains the following terms used in the
tables in this article:
A. Height limits. Height limitations are established by three factors which define a building
envelope for a lot in the specific district:
(1) Maximum district height: the maximum limit on height at any point on a lot in any part
of the district.
(2) Maximum building height at minimum yard setback line:
(a) Front yard: is equal to minimum setback dimension.
(b) Side yard: is equal to two times the minimum side yard dimension.
(c) Rear yard: is equal to minimum rear yard dimension.
(d) in zeFe side yaFd situatien, n9axingum height at building line as 20 feet. Where a
setback is less than 20 feet, maximum height at setback line is 20 feet.
IN CITY COUNCIL
APRIL 10, 2017
COr 17-135
FIRST READING AND REFERRAL TO PLANNING BOARD MEETING OF
APRIL 18, 2017
CITY CLERK
IN CITY COUNCIL
APRIL 24, 2017
COr 17-135
MOTION MADE AND SECONDED FOR PASSAGE
VOTE: 9-0
COUNCILORS VOTING YES: FAIRCLOTH, GRAHAM, NEALLEY, NICHOLS,
PERRY, SPRAGUE, TREMBLE, WESTON, BALDACCI
COUNCILORS VOTING NO: NONE
P S ED
CITY CLERK
17-135
APRIL 10, 2017
(3) Maximum height within buildable area is equal to maximum building height at minimum
yard line, plus one foot above building line maximum for each additional foot distance
from the property line, up to the district maximum height (as prescribed in the district
regulations).
(4) The maximum building height limitation at the minimum yard setback line shall not
apply in the Downtown Development District, Bass Park District, Airport Development
District or Waterfront Development District.
(5) The building envelope sketch below illustrates the interaction of these three factors on
height control.
Building Envelope Sketch
tel SLOPE
(EQUAL DISTANCE)
�.►
20,
GROUND LEVEL
MAXIMUM ML'IQ}iT
AT BUILDING
IYARD) LINE
BUILDABLE AREA
DISTRICT
IrAxIMiIM
N EIGHT
40,
2*
DISTRICT t
MINIMUM YARD
PROPENTV LINE
BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT
Chapter 165, Section 135, of the Code of the City of Bangor be amended as shown by the
accompanying schedule revisions.
Additions are underlined.
Deletions are struekeu
17-135
APRIL 24, 2017
MEMORANDUM
DATE: April 19, 2017
TO: The Honorable City Council
FROM: David G. Gould, Planning Officer
SUBJECT: Amending Zoning Ordinance Chapter 165-135 Building
Envelope Standards — Council Ordinance #17-135
Please be advised that the Planning Board at its meeting on April 18, 2017, held a
Public Hearing on the above Zoning Amendment to revise standards of 165-135 the so
called Building Envelope standards.
Chair Kenney opened the Public Hearing and Planning Officer David Gould provided the
Board with an overview of the proposed amendment. The Building Envelope standards
were added into the Land Development Code in 1991. The intent of the amendment is
to add some flexibility to situations where limited or small setbacks apply.
There are two instances when this will arise, when an existing nonconforming setback
places a building very close to a lot line and when a relaxation is granted based on the
average setbacks of adjacent buildings (165-70 Minor Yard variations). Without the
proposed amendment a setback of one foot would only allow a building height of one
foot at the setback line. The proposed amendment would provide for a minimum height
of twenty feet regardless of the building setback dimension.
There were no other proponents or opponents to the proposed text amendment.
Chairman Kenney thought the change made sense and could allow some additional
development on smaller in town lots.
Member Boothby made a motion to recommend that C.O. #17-135 be adopted by the
City Council. Member Durgin seconded the motion and the Board voted unanimously to
send a positive recommendation to the City Council.