2020-11-23 21-031 ORDINANCETitle, Ordinance
21-031 11/23/2020
CITY COUNCIL ACTION
Council Meeting Date: November 23, 2020
Item No: 21-031
Responsible Dept.: Planning/Legal
Action Requested: Ordinance Map/Lot: N/A
Amending Chapter 165, Land Development Code, Section 165, Attachment 2, Schedule A, Urban Developed
Area by reducing lot sizes and density requirements for properties in the Urban Residence 1 (URD -1), Urban
Residence 2 (URD -2) and Multifamily and Service (M&SD).
Summary
This Ordinance will amend Chapter 165 of the Land Development Code to reduce lot sizes and increase
density for URD -1, URD -2, and M&SD. If approved, this ordinance seeks to both implement the
recommendations of the Affordable Housing Workgroup and reduce nonconformities in the residential
districts, both of which are intended to encourage the construction of residential dwelling units in the growth
areas.
The Affordable Housing Workgroup published a list of recommendations in March 2019. One of the
recommendations is to review the density requirements in the residential zones to allow for more dwellings in
the growth area.
Additionally, this ordinance seeks to correct non -conformities within existing zoning districts. In planning
practice, nonconformities almost always occur in any district; however often the non -conforming situations
produce unwanted results such as limiting residential development as noted. Nonconformities can also lead
to blighted conditions as renovations, redevelopment and expansion are often limited by dimensional controls.
Committee Action
Committee: Business and Economic Development
Action: Recommended for Passage
Staff Comments & Approvals
Meeting Date: November 17, 2020
For: 5
Against: 0
Please note the Planning Board hearing for this matter will be advertised and held on December 15, 2020 and is
expected to return to the City Council on December 28, 2020.
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City Manager City Solicitor Finance Director
Introduced for: First Reading and Referral
CITY COUNCIL ORDINANCE
Date: November 23, 2020
Assigned to Councilor: Fournier
21-031 11/23/2020
ORDINANCE, Amending Chapter 165, Land Development Code, Section 165, Attachment 2, Schedule A,
Urban Developed Area by reducing lot sizes and density requirements for properties in the Urban Residence 1
(URD -1), Urban Residence 2 (URD -2) and Multifamily and Service (M&SD).
WHEREAS, at present, there is a need to create more housing in Bangor, and the city participated and
cooperated in the 2019 Affordable Housing Workgroup;
WHEREAS, in order to provide for more residential development in the growth area, where infrastructure,
goods and services are prevalent and convenient, non -conforming situations should be reduced;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT
Chapter 165, Land Development Code, Section 165, Attachment 2, Schedule A for the City of Bangor is
amended as shown on the attached document.
Additions are underlined, deletions strue�k threug#.
21-031
NOVEMBER 23, 2020
LAND DEVELOPMENT
165 Attachment 2
City of Bangor
Schedule A
Urban Developed Area
Article XIII, §§ 165-88 through 165-97
[Amended 10-23-1995 by Ord. No. 95-412; 12-27-2000 by Ord. No. 01-64; 9-9-2002 by Ord. No. 02-320; 11-22-2004 by Ord. No. 05-
08; 12-12-2005 by Ord. No. 06-21; 6-26-2006 by Ord. No. 06-226; 11-14-2007 by Ord. No. 07-323; 3-24-2008 by Ord. No. 08-104;5-
9-2011 by Ord. No. 11-131; 12-23-2013 by Ord. No. 14-034; 3-13-2017 by Ord. No. 17-082; 3-27-2017 by Ord. No. 17-103; 9-11-2017
by Ord. No. 17-288; 9-10-2018 by Ord. No. 18-315; 1-14-2019 by Ord. No. 19-0531
NOTES:
For one and two dwelling units, 9,00 5,000 square feet; for three dwelling units, 40,500 7500 square feet; and for four dwelling units, 12;000 10 000 square feet.
z For the first two dwelling units, 6300 5 000 square feet, plus 1,000 square feet for each additional dwelling unit.
'(Reserved)
Or the minimum height allowed under federal law, whichever is greater.
'Minimum buffer yard: Type B, C next to a residential district.
'Minimum buffer yard: Type B next to a residential district.
7 Minimum setback for open porches from the front property line is 10 feet.
165 Attachment 2:1 02-01-2019
Minimum
Maximum
Water
Minimum
Minimum
Minimum
Floor Area
Maximum
Minimum
Maximum
Minimum
Front Yard
Side Yard
Rear Yard
District Height
Lot Area
Lot
Lot Width
Depth
Depth
Depth
Zoning Districts
(feet)
(square feet)
Coverage
(feet)
(feet)
(feet)
(feet)
Urban Residence 1 (URD -1)
35
49,999
2546
35
497
5
24-15'; 5
5 000
35%
50
10'
for
accessory
structure
Urban Residence 2 (URD -2)
40
'
35% 40%
35
297
5
29 15'; 5
50'
10'
for
accessory
structure
Multifamily and Service (M
45
z
45%
60
10
10
10
& SD)
NOTES:
For one and two dwelling units, 9,00 5,000 square feet; for three dwelling units, 40,500 7500 square feet; and for four dwelling units, 12;000 10 000 square feet.
z For the first two dwelling units, 6300 5 000 square feet, plus 1,000 square feet for each additional dwelling unit.
'(Reserved)
Or the minimum height allowed under federal law, whichever is greater.
'Minimum buffer yard: Type B, C next to a residential district.
'Minimum buffer yard: Type B next to a residential district.
7 Minimum setback for open porches from the front property line is 10 feet.
165 Attachment 2:1 02-01-2019
Minimum
Maximum
Water
Maximum
Impervious
Setback
Floor Area
Surface Ratio
(feet)
Ratio
0.75
&=F5
.8
0.85
1.0
NOTES:
For one and two dwelling units, 9,00 5,000 square feet; for three dwelling units, 40,500 7500 square feet; and for four dwelling units, 12;000 10 000 square feet.
z For the first two dwelling units, 6300 5 000 square feet, plus 1,000 square feet for each additional dwelling unit.
'(Reserved)
Or the minimum height allowed under federal law, whichever is greater.
'Minimum buffer yard: Type B, C next to a residential district.
'Minimum buffer yard: Type B next to a residential district.
7 Minimum setback for open porches from the front property line is 10 feet.
165 Attachment 2:1 02-01-2019
COMMUNITY & E+CONO I IC
DEVELOPMENT
CITY OF BANGOR.
PLANNING DIVISION
Memorandum
To: Honorable Bangor City Council
Cathy Conlow, City Manager
From: Anne M Krieg AICP, Planning Officer
Date: December 16, 2020
CC: Tanya Emery, Director of Community and Economic Development
Joshua Saucier, Assistant City Solicitor
Jeff Wallace, Code Enforcement Officer
Re: Planning Board Recommendation December 15, 2020
Land Development Code Amendment — Residential District Dimensional
Requirements
Please accept this memorandum as the recommendation from the Planning Board for the noted item.
The Planning Board considered this item in a noticed public hearing on December 15, 2020.
The meeting was conducted using the city's Zoom account.
The Board was instructed on the background of the proposed amendments. This work emanated
form the recommendations from the Affordable Housing Work Group published in March 2019. Staff
performed an analysis of residential zones to determine average lot sizes, and took a more
conservative number for an allowance for minimum lot sizes in URD -1 and URD -2 as well as density
controls for multifamily projects. When there is a significant amount of non -conformity, this constricts
improvements including additions and renovations. This amendment will bring more lots into (or
closer) to conformity. This amendment allows owners to make property improvements which
enriches the neighborhood. This also allows for in -fill development in neighborhoods where there are
"double lots."
There were no public comments.
Member Meager moved to recommend to City Council the noted language change ought to pass,
Schedule A — Residential Districts Lot Sizing. The motion was seconded by Member Hogan. A roll
call vote was taken: Perkins, yes; Meagher, yes; Brush, yes; Shaw, yes; Hogan, yes; Huhn, yes.
,TIN
73 HARLOW STREET, BANGOR, ME 04401
TELEPHONE: (207) 992-4280 FAX: (207) 945-4447
WWW. BANG ORMAINE.GOV
IN CITY COUNCIL
NOVEMBER 23,2020
COrd 21-031
Motion made and seconded for First Reading and Referral to Planning Board Meeting of December 15,2020
Vote: 9—0
Councilors Voting Yes: Davitt,Dubay,Fournier, Hawes,Nichols, Okafor, Schaefer, Sprague, Trmble
Councilors Voting No: None
Passed
2�y- Z'
CIT LERK
IN CITY COUNCIL
DECEMBER 28,2020
Cord 21-031
Motion made and seconded for Passage
Vote: 9—0
Councilors Voting Yes: Davitt,Dubay,Fournier, Hawes,Nichols, Okafor, Schaefer, Sprague,Trmble
Councilors Voting No: None
Passed
ClTi'bL]CRW