HomeMy WebLinkAbout2023-08-28 23-258 ORDINANCE23-258 08/28/2023
CITY COUNCIL ACTION
Council Meeting Date: August 28, 2023
Item No: 23-258
Responsible Dept: Planning
Action Requested: Ordinance Map/Lot: N/A
Title, Ordinance
Amending Chapter 165, Land Development Code, by Updating the Allowed Number of Dwelling Units in
Residential Zones to Comply with LD 2003.
Summary
The proposed changes would update the City's Land Development Code to comply with the requirements of
the state law known as LD 2003. This update has the effect of allowing more dwelling units in residential
zones throughout the City. These changes align with the City Council policy to create residential units where
feasible and with the 2022 Comprehensive Plan, which suggests that the City update the Land Development
Code to comply with LD 2003.
Committee Action
Committee: Planning Board
Action:
Staff Comments & Approvals
City Manager
Introduced for: First Reading and Referral
Meeting Date: September 5, 2023
For:
City Solicitor
Against:
Finance Director
23-258 08/28/2023
CITY COUNCIL ORDINANCE
Date: August 28, 2023
Assigned to Councilor: Sprague
ORDINANCE, Amending Chapter 165, Land Development Code, by Updating the Allowed Uses in Residential
Zones to Comply with LD 2003.
WHEREAS, at present, LD 2003 is a state law that requires municipalities to update land use codes to allow a
minimum number of residential units in residential zones;
WHEREAS, the proposed changes would update the City's Land Development Code to comply with the
requirements of LD 2003;
WHEREAS, the City Council has a policy to create residential units where feasible;
WHEREAS, the 2022 Comprehensive Plan suggests the City update the Land Development Code to comply
with LD 2003;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT
Chapter 165, Attachment 2 - Schedule A, Attachment 3 — Schedule B, and Attachment 4 — Schedule C of the
Code of the City of Bangor is amended as shown on the attached, and
Chapter 165 of the Code of the City of Bangor is amended as follows:
A. Accessory dwelling units (ADUs) are not subject to minimum lot area requirements, neT- requirements for
the number of dwelling units per acre, nor minimum parking requirements.
B. In districts where ADUs are allowed, the Code Enforcement 0fricer shall approve an ADU upon '?
determination that said ADU complies with the following conditions:
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23-258 08/28/2023
(1) One -family detached dwellings, with additional dwelling units permitted given the following_
(a) The lot is inside the Growth Boundary defined in the City's most recently adopted
Comprehensive Plan.
(b) If no dwelling exists on a lot, up to 4 units are allowed, either detached or attached.
(c) If one dwelling unit exists on the lot, up to 2 additional units are allowed, one being attached to
or within the existing dwelling and one being detached.
(d) If two dwelling units exist on a lot, no additional units are allowed.
(e) If dwelling units are demolished after the date this ordinance is adopted and the demolition
results in an empty lot, there can be no increase in the number of units above what existed on
the lot prior to demolition.
C. Permitted uses. The following uses are permitted in this district:
(1) One -family, two-family, three-family and four -family detached dwellings
(a) An affordable housing density bonus may be allowed, subject to the requirements of Article
XXI
'i1 10111111 r
C. Permitted uses. The following uses are permitted in this district:
(1) One -family, two-family, three-family and four -family detached dwellings
(a) An affordable housing density bonus may be allowed, subject to the requirements of Article
XXI
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(10) One -family, a*d two-family Linit udwellings,_ three-family, and four -family detached dwellings
(a) An affordable housing density bonus may be allowed, subject to the requirements of Article
XXI
D. Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses
may be permitted in this district:
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(e) An affordable housing density bonus may be allowed, subject to the requirements of Article
XXI
23-258 08/28/2023
(1) . One -family detached dwellings, with additional
dwelling units permitted given the following:
Lal If the lot is inside the Growth Boundary defined in the City's most recently adopted
Comprehensive Plan:
(i) If no dwelling exists on a lot, up to 4 units are allowed, either detached or attached.
(ii) If one dwelling unit exists on the lot, up to 2 additional units are allowed, one being attached
to or within the primary dwelling and one being detached.
(iii) If two dwelling units exist on a lot, no additional units are allowed.
Ub If the lot is outside the Growth Boundary defined in the City's most recently adopted
Comprehensive Plan:
(i) If no dwelling exists on a lot, up to 2 units are allowed, either detached or attached.
(ii) If one dwelling unit exists on the lot, up to 2 additional units are allowed, one being attached
to or within the existing dwelling and one being detached.
(iii) If two dwelling units exist on a lot, no additional units are allowed.
U If dwelling units are demolished after the date this ordinance is adopted and the demolition
results in an empty lot, there can be no increase in the number of units above what existed on
the lot prior to demolition.
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(2) One or more buildings containing two to six dwelling units
(a) An affordable housina densitv bonus may be allowed. subiect to the reauirements of Article XXI
(3) One or more buildings containing seven to 12 dwelling units, provided that:
(a) The parcel is a minimum of two acres in size.
(b) An affordable housing density bonus may be allowed, subject to the requirements of Article XXI
D. Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses
may be permitted in this district:
(1) One or more buildings containing 13 to 30 dwelling units, provided that:
al The parcel is a minimum of three acres in size.
(b) An affordable housing density bonus may be allowed, subject to the requirements of Article
XXI
as The lot does not have frontage on Hammond Street or Union Street.
(b) An affordable housing density bonus may be allowed, subject to the requirements of Article
XXI
(19) A mixed residential and commercial use, provided that:
(c) An affordable housing density bonus may be allowed, subject to the requirements of Article
XXI
D. Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses
may be permitted in this district:
(9) A mixed residential and commercial use if the lot has frontage on Union Street, provided that:
23-258 08/28/2023
La) The commercial activity is a use permitted in Subsection C above, except that marijuana
stores would not be permitted.
fb I An affordable housing density bonus may be allowed, subject to the requirements of Article
XXI
(13) Multi -family detached dwellings if the lot has frontage on Union Street
(a) An affordable housing density bonus may be allowed, subject to the requirements of Article
XXI
§ 165-102 General Commercial and Service District (GC&S).
D. Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses
may be permitted in this district:
(11) A mixed residential and commercial use if the lot has frontage on Union Street, provided that:
Ua The commercial activity is a use permitted in §165-101.C, except that marijuana stores
would not be permitted.
LbI An affordable housing density bonus may be allowed, subject to the requirements of Article
XXI
(12) Multi -family detached dwellings if the lot has frontage on Union Street
(a) An affordable housing density bonus may be allowed, subject to the requirements of Article
XXI
(4) One -family dwellings and one -family detached manufactured housing units, with additional dwelling
units permitted given the folloLAd�n.
(a) If the lot is inside the Growth Boundary defined in the Ci!y's most recently adopted
Comprehensive Plan:
(i) If no dwelling exists on a lot, up to 4 units are allowed, either detached or attached.
(ii) If one dwelling unit exists on the lot, up to 2 additional units are allowed, one being attached
to or within the primary dwelling and one being detached.
(iii) If two dwelling units exist on a lot, no additional units are allowed.
(b) If the lot is outside the Growth Boundary defined in the City's most recently adopted
Comprehensive Plan:
(i) If no dwelling exists on a lot, up to 2 units are allowed, either detached or attached.
(ii) If one dwelling unit exists on the lot, up to 2 additional units are allowed, one being attached
to or within the existing dwelling and one being detached.
(iii) If two dwelling units exist on a lot, no additional units are allowed.
(c) If dwelling units are demolished after the date this ordinance is adopted and the demolition
results in an empty lot, there can be no increase in the number of units above what existed on
the lot prior to demolition.
§ 165-112 Submittal requirements.
A. Any site development project requiring a land development permit shall include the following information
and submittals:
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showing the proposed mechanism(s) to ensure affordability, as described in 5165-143.D.
LE_71Such other information as the Code Enforcement Officer or Planning Board shall deem necessary.
23-258 08/28/2023
Article XXI
Affordable Housing Density Bonus
F 5 165-141 Purpose.
This article orovides for a density bonus for the creation of affordable dwelling units in certain zoning districts
per Title 30-A Section 4364 in the State of Maine statutes.
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When used for the purpose of claiming the Affordable Housing Densi!y Bonus outlined in Article XXI,
affordable" means:
EQ[ EentaLbDjutm., a household whose mncome does not exceed 80% of the area medman mncome can
afford to rent the dwelling unit without spending more than 30% of the household's monthly income
on housing costs.
(2) For owned housing, a household whose income does not exceed 120% of the area median income.
can afford to own the dwelling unit without spending more than 300/0 of the household's monthly
income on housing costs.
(3) For the purposes of this definition, "area median income" means the midpoint of a region's income.
distribution calculated on an annual basis by the U.S. Department of Housing & Urban Development
(4) For the purposes of this definition, "housing costs" include, but are not limited to:
(a) For a rental unit, the cost of rent and any utilities (electric, heat, water, sewer, and/or
trash) that the household pays separately from the rent; and
(b) For an owned unit, the cost of the mortgage principal and interest, real estate taxes
(including assessments), private mortgage insurance, homeowner's insurance, condominium
fees, and homeowners' association fees.
The maximum number of units allowed on a lot not used for affordable housing based on the
dimensional requirements listed for the zone(s) in which the lot is located. This does not include any
other density bonuses, transferable development rights, or other similar means that could increase the
density of lots not used for affordable housing.
CENTRALLY MANAGED WATER SYSTEM
A water system that provides water for human consumption through pipes or other constructed
conveyances to at least 15 service connections or serves an average of at least 25 people for at least
60 days a year as regulated by 10-144 C.M.R. Ch. 231, Rules RelatinO to DrinkinO Water. This water
system may be privately owned.
COMPARABLE SEWER SYSTEM
Any subsurface wastewater disposal system that discharges over 2,000 gallons of wastewater per day
as regulated by 10-144 C.M.R. Ch. 241, Subsurface WastewaterDisposa/Ru/es.
A. Density Bonus. A residential or mixed -use development shall be allowed a maximum dwelling unit
density of up to 2.5 times the base density (as defined in § 165-142) permissible in the underlying zoning
district if the project meets the following eligibility criteria:
23-258 08/28/2023
r'1 Affordability. After completion of the project, more than half of the total dwelling units, existing and
new, on the same lot shall be affordable (as defined in § 16-12) for a period of at least 30 years.
(2 Located in a Growth Area or Served by Water and Sewer. The lot is inside the Growth
Boundary defined in the City's most recently adopted Comprehensive Plan, or the lot is served by
both a public, special district, or centrally managed water system and public, special district, or
comparable sewer system.
(3) Adequate Utility Capacity. The lot has adequate water and wastewater services.
(4) Zoning. The lot is located in the URD-2, M&SD, NSD, USD, HDR, S&PS, or GC&S zoning districts.
(5) Minimum Lot Sizing for Septic. The subject property complies with minimum lot size requirements
in accordance with 12 M.R.S.A. § 23-, as amended, if subsurface wastewater disposal is groposed.
B. Non -conforming Situations. The density bonus may not be applied to non -conforming lots.
C. Fractional Density. If a fractional results when calculating the density bonus, the number of units shall
be rounded down to the nearest whole number.
D. Long -Term Affordability Covenant. Prior to granting a Certificate of Occupancy for any dwelling unit in
the proiect, or in a phase of the proiect, the applicant shall:
(1) Execute an affordable housing agreement, in such form as shall be approved by the City Solicitor,
containing a restrictive covenant relating to the affordability of the dwelling unit, enforceable by a
party acceptable to the City, and record the affordable housing agreement in the Penobscot County
Registry of Deeds. The affordable housing agreement shall require that for at least thirty (30) years
after the issuance of the Certificate of Occupancy for a dwelling unit in the proiect:
(a) For rental housing, occupancy of all the dwelling units designated affordable in the development
to qualify for the density bonus, or an eauivalent number of affordable dwelling units in the
proiect when specific locations for the affordable units are not specified, will remain limited to
households at or below 80% of the local area median income (i.e. within the area represented by
the "Bangor, ME HUD Metro Fair Market Rent Area" as defined by the U.S. Housing Act of 1937,
as amended) from the time of initial occupancy; and
(b) For owned housing, occupancy of all the dwelling units designated affordable in the development
to qualify for the density bonus will remain limited to households at or below 120% of the local
area median income (i.e. within the area represented by the "Bangor, ME HUD Metro Fair Market
Rent Area" as defined by the U.S. Housing Act of 1937, as amended) from the time of initial
occupancy.
(2) For phased projects, the City may issue Certificates of Occupancy for dwelling units in a phase of a
project only if a sufficient number of affordable dwelling units, subject to an affordable housing_
agreement consistent with Subsection D(1) above, are included in the phase so that more than one-
half of the total number of dwelling units that will be approved for occupancy, as evidenced by
Certificates of Occupancy, at the end of the phase constitute affordable dwelling units.
E. Site Plan and Subdivision Review Required. All projects creating 3 or more dwelling units are subject
to Site Plan review per 165-111 and Subdivision review per Title 12 Section 682 in the State of Maine
23-258
AUGUST 28, 2023
LAND DEVELOPMENT
165 Attachment 2
City of Bangor
Schedule A
Urban Developed Area
Article XIII, §§ 165-88 through 165-97
Minimum
Minimum
Minimum
Minimum
Maximum
Minimum
Maximum
Minimum
Front Yard
Side Yard
Rear Yard
Maximum
Water
Maximum
District Height
Lot Area
Lot
Lot Width
Depth
Depth
Depth
Impervious
Setback
Floor Area
Zoning Districts
(feet)
(square feet)
Coverage
(feet)
(feet)
(feet)
(feet)
Surface Ratio
(feet)
Ratio
Urban Residence 1 (URD-1)
35
1
35%
50
107
5
15; 5 for
0.75
accessory
structure
Urban Residence 2 (URD-2)
40
12
40%
50
107
5
15; 5 for
0.8
accessory
structure
Multifamily and Service (M
45
23
50%
50
10
5
5
0.85
--
--
& SD)
Neighborhood Service (NSD)
35
10,0009
25%
75
20
10
20
None
0.4
0.4
NOTES:
feet.11--sr syAe affld *,vs dwelling tffiks, 5,000 squafe feet; fer tli�-ee dwelling iinks, 7,500 squafe feet; and fer �� dwelling tffiks, 10,000 sqtiafe 5,000 square feet for each dwelling unit up to 4 on an
empty lot, up to 2 (additional) if one dwelling unit exists (see § 165-88.C(l)).
2 4-.R+: t-11p, f�+:# &A,ellijig tHlits, 5,000 squafe feet, phis 250 squafe feet fer Paoli addi*is4lad divelling k . For one and two dwelling units, 5,000 square feet; for three dwelling units, 7,500 square
feet; and for four dwelling units, 10,000 square feet. If using Affordable Housing Density Bonus, 5,000 square feet for first 5 units, plus 1,000 square feet for each additional unit up to 10 (see
§165-143).
3 (Reser ed) For the first two dwelling units, 5,000 square feet, plus 250 square feet for each additional dwelling unit. If using Affordable Housing Density Bonus, 5,000 square feet for first 5 units,
plus 100 square feet for each additional unit (see § 165-143).
910,000 square feet for 1 to 4 dwelling units. If using Affordable Housing Density Bonus, 10,000 square feet for up to 10 dwelling units (see § 165-143).
165 Attachment 2:1 Supp 1, Feb 2023
23-258
AUGUST 28, 2023
Minimum
Minimum
Lot Area
Front
Zoning Districts (square feet)
Yard
Depth
(feet)
Low -Density Residential
(LDR)
Permitted uses
Buildings containing 1-unit 10 25
dwelling, home occupation,
community living
arrangement
LAND DEVELOPMENT
165 Attachment 3
City of Bangor
Schedule B
Developing Area
Article XIV, §§ 165-99 through 165-103.1
Minimum Minimum Maximum Maximum Maximum Maximum Maximum
Side Yard Rear Yard Dwelling Dwelling Height Lot Floor Area
Depth Depth Units per Units per (feet) Coverage Ratio
(feet) (feet) Acre Building
107 207 3 1/r 4-2-4 35 20% NA
Maximum Minimum Minimum Minimum
Impervious Open Lot Width Buffer
Surface Space (feet) Yard Type
Ratio
0.3 NA 100 NA
NOTES:
112,000 square feet for the first two units in a building and 3,000 square feet for each additional unit in the same building. If using Affordable Housing Density Bonus, up to 15 units per buildin
- minimum 12.000 square feet for the first 5 units in a building and 1.200 square feet for each additional unit in the same building. (see S 165-143).
'27,000 square feet for seven -dwelling -unit buildings and 3,000 square feet per unit over seven units in the same building, but not less than a two -acre site. If using Affordable Housing Density
Bonus, up to 30 units per building - minimum 27,000 square feet for the first 17 units in a building and 1,200 square feet for each additional unit in the same building, but not less than a two -
acre site. (see §165-143).
345,000 square feet for 13 dwelling units in a building and 3,000 square feet per unit over 13 units in the same building, but not less than a three -acre site. If using Affordable Housing Density
Bonus. uD to 75 units Der building - minimum 45.000 square feet for the first 32 units in a building and 1.200 square feet for each additional unit in the same building. but not less than a three -
acre site. (see $165-143)
'For the first two dwelling units, 10,000 square feet, plus 250 square feet for each additional dwelling unit. If using Affordable Housing Density Bonus, minimum 10,000 square feet for first five
units, plus 100 square feet for each additional. (see § 165-143).
1012,000 square feet for the first dwelling unit, 6,000 square feet for each additional (up to 3-4 in Growth Boundary, 2-3 outside Growth Boundary) (see §165-99.C(l)).
"Applies to subdivision only.
165 Attachment 2:1 02 - 01 - 2019
23-258
AUGUST 28, 2023
Zoning Districts
Rural Residence and Agricultural
(RR&A), permitted and conditional
uses
NOTES:
Maximum
Minimum
District
Lot Area
Height
(acres)
(feet)
40
1
LAND DEVELOPMENT
165 Attachment 4
City of Bangor
Schedule C
Resource, Open Space and Rural Area
Article XV, §§ 165-105 through 165-107
Maximum Lot Maximum Minimum Lot Minimum Minimum Side Minimum
Coverage Impervious Width (feet) Front Yard Yard Depth Rear Yard
Surface Ratio Depth (feet) (feet) Depth (feet)
15% .20 200 40 20 30
sFor dwelling units inside the Growth Boundary, 12,000 square feet for the first unit plus 6,000 square feet for each additional unit up to 3-4 units. For dwelling units outside the Growth
Boundary, minimum lot size of 1.5 acres regardless ofthe number ofunits. (See §165-105.C(4)).
165 Attachment 4:1 Supp I, Feb 2023
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PLANV�IC�ICr QIWI51ClN
Memorandum
To: Honorable Bangor City Council
Deb Laurie, City Manager
From: Anja Collette, Planning Analyst
Date: September 6, 2023
CC: Courtney O'Donnell, Assistant City Manager
David Szewczyk, City Solicitor
Anne Krieg AICP — Director of Community & Economic Development
Re: Planning Board Recommendation September 5, 2023
Amending Chapter 165, Land Development Code by Updating the Allowed Number
of Dwelling Units in Residential Zones to Comply with LD 2003
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 September 5, 2023.
The meeting was conducted in the Council Chambers at City Hall and on Zoom. Members in
attendance in the Chambers were the Chair Reese Perkins, Vice Chair Ted Brush, and Members
Trish Hayes, Don Meagher, Mike Bazinet, Ken Huhn, and Jonathan Boucher. Also in attendance was
Alternate Member Joshua Saucier.
Planning Analyst Anja Collette reviewed the proposed amendments with the Board.
From the staff inemo:
A. The proposed changes would update the City's Land Development Code to comply with
the requirements of the state law known as LD 2003. This update has the effect of
allowing more dwelling units in residential zones throughout the City. The specific
changes for each zone are outlined in the summary documents in your packets.
B. These changes align with the City Council policy to create residential units where feasible
and with the 2022 Comprehensive Plan, which suggests that the City update the Land
Development Code to comply with LD 2003.
C. If the city does not institute these changes by the end of 2023, the statute takes effect; all
cities and towns in Maine must comply with this statute. This automatic enactment is akin
to the requirements in Shoreland Zoning that the city enacted decades ago. The
advantage to enacting them now is we are able to establish the base density with our
existing district requirements.
Board members asked clarifying questions and discussed the minimum State requirements with staff.
There were several comments from members of the public regarding concerns with single family
73 HARLOW STREET,BANGOR,ME 04401
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WWW.BANGORMAINE.GOV
CITY OF BANGOR PLANNING DIVISION
PLANNING BOARD RECOMMENDATION TO CITY COUNCIL 9.5.23
Land Development Code—LD 2003
homes being demolished to create more units; loss of green space; infrastructure, school, and
hospital capacity; overpopulation; the impact on historic districts; and confusion with the wording on
accessory dwelling units.
Member Bazinet made an initial motion to defer the agenda item until the next Planning Board
meeting in order to gather more public comment, seconded by Member Huhn. However, City Solicitor
Szewczyk noted that a primary motion on adoption of the amendments would need to be made first
and then a motion to delay the vote could be made. Member Bazinet withdrew his motion and Huhn
withdrew his second.
Development Director Krieg stated that the law takes effect January 1, 2024 no matter what. There
was discussion amongst Board members about the amendments following the minimum State
requirements, the powers of the Board, the length of time available to enact the requirements, and
what would be gained from a delay in the vote regarding disseminating information to the public.
Member Meagher made a motion to recommend that the amendments ought to pass. Meagher stated
his feelings that due process had been followed. Vice Chair Brush seconded the motion.
Member Bazinet made a motion to delay voting on the amendments to the September 19t" Planning
Board meeting. The motion was not seconded and was therefore struck down.
Member Huhn made a motion to delay voting on the amendments until the October 3rd Planning
Board meeting, with the request that staff disseminate more information to the public in the interim
and with the intent to take public comment at that meeting. Member Bazinet seconded. 3 members
voted in favor of the motion, 4 voted against. The motion failed.
6 members voted in favor of the original motion to recommend that adoption of the amendments
ought to pass, 1 voted against. The motion passed. The result of the vote is that a majority of
Planning Board members voted to recommend that the proposed amendments ought to pass.
Anja Collette
Page 2 � 2
IN CITY COUNCIL
AUGUST 28, 2023
COrd 23-258
First Reading and Referral to Planning Board Meeting of September 5, 2023
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CITY CLERK
IN CITY COUNCIL
SEPTEMBER 11, 2023
COrd 23-258
Motion made and seconded for Passage
Vote: 6—2
Councilors Voting Yes: Davitt, Hawes, Pelletier, Schaefer, Sprague, Yacoubagha
Councilors Voting No: Tremble, Fournier
Passed
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CITY CLERK