HomeMy WebLinkAbout1993-05-24 93-272 ORDINANCEp 2r �rrea�
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Date May 24, 199.3
Ilam No. 93-2>2>2
ItaMSubleca amending Land Development Code - Chapter VIII,
Article 4, Section
1.4 - Nonconformities
Rmponible Department;
Planning Division
Commentary:
For Referral to Planning Board.
There have been c n which ow of -legally "grandfathered'
res i dent dal
uses n the built-upsa sof theCity have had problems
obtaining
noitgagefinancing because of the nonconforming use status
of their property.
This amendment would allow these legally established uses
to be rebuilt
if destroyed or damaged, thereby rcaoving any obstacleto
financing such
legally established nonconforming residential properties.
pnwour eas j
Maneper's Convrwn4: -
Amociated bdormaalom
Wdpat Approved:
-
lommelatera.
Legal Approval:
War
Introduced! For
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Intradueb For
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pots June 14,v1993
have No.gz-a�a-
Item/Subject Amendina Land Development Code - Chapter
VIII, Article 4,
Section 1.4 - Nonconformities. C.D. p 93-272.
Responsible Deputmantt
Commentary: i
The Planning Board at itsregularly scheduled meeting
of .lune I, 1993 held a
public hearing on the above-noted zoning amendment.
Sally McKinnon and Joe Philipon spoke in favor of the
proposed banguage change
No one spoke in opposition.
The Board voted 5 to 0 in favor of a motion to recommend to the City Council
that the zoritng amendment contained in C.O. OF 93-272 be approved.
4tjI Wad
Manager's Comments:'1
Cuy Maxop
Associated Information.CM
pudpat Apposed: /J 11--
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Levealll Approval: i5 Il•M pei 11 tP9/Ilrc iNf
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93-272
Aeeiredto CouneOor Sullivan May 24, 1993
CITY OF BANGOR
(TITLE.) PfirZliMnrl; Amending, t d Develowent c a -.Chapter vin. ...........
Article 4. Section 1.4 - Nonconformities
Be fe ordaimed by W Cup Cowaolt air the City of Sachs. ae Palms.
THAT, Chapter VIII, Article 4, Section 1.4 of the Laws and
Ordinances of the City of Bangor be amended by adding the
following:
1.4 . . .
A. Notwithstanding the provisions of 1.4, above, any
legally established residential nonconforming use in an
Urban Residence 1 District or an Urban Residence 2
District which is destroyed or damaged may be
reconstructed subject to the fallowing conditions:
(1) No more dwelling units may be installed in the
structure housing such residential nonconforming
e than were legally established prior to the
passage of this ordinance;
(2) Nomore than three dwelling units in addition to
that permitted order the district provisions shall
be permitted;
(3) The gross floor area
contained in the preexisting
structure shall not be increased in the
reconstructed structure;
(4) Any and all development standards of the zoning
RI district which can be met at the time of
•v%
93-272 i
OPDINANCE
( TIT1E0 dreading Id eve Code -
In City Council May 24.93 [ Chapter VIII Article 4 Sec. L4 p'
deferred to Appropriate {
Comittee Non C f mitl s- }
Y r.
C y clerl - .Aeogned to
IN CITY COUNCIL •- Vgn
June 14, 1993 _ r mmctUmn
Passed by the following yes
and no votes. Councilors voting.-
yes:
oting.yes: Blanchette, Bragg, Cohen,
Frankel, Seal, Shubert, Soucy. Stone
and liven. , .
CITYJ CLIFF
f-.
Excerpt from Staff Memorandum - June 1, 1993 Meeting
Item No. 3: Zoning Amendment - Chapter VIII, Article 4,
Section 1.4 - Nonconfcrmities - City of Bangor -
C.O. B 93-272
a. Apparently, there have been some recent changes made in the
way mortgage applications are being processed at banking
restitutions, particularly, v regard to the so-called
"secondary market" (where mortgages are sold). Recent
appraisal reports on nonconforming residential properties in
Ingle -family neighborhoods have spelled out the
nonconforming status of these multi -family units contained
n the nonconformities section of the City's Land
Development Code. (Many of these properties were subject to
the same conditions under the 1974 Zoning Ordinance but with
the change in toning in some
of the some of the old R-4
there is a potential for more of these nonconforming
multi -families in single-family zoning districts.)
b. The proposed amendment exempts multi -family structures i
the built-up URD -1 and URD -2 Districts from the prohibition
against their being reconstructed if they are more than 50%
destroyed by fire or other disaster. The amendment places a
limit on the number of dwelling units over the minimum
permitted in the district which can be included i such
rebuilt structures. it would not allow additional units
over those existing in the structure prior to the fire, to
be added in the reconstruction. Obviously, the chances of
these particular isolated multi -family properties burning in
these URD -1 and/or URD -2 Districts are somewhat remote.
Furthermore, the worst impact which these can have on the
neighborhoods in question is to replace with new
construction the same number of dwelling units at the same
location as previously existed. This standard provision
(not being able to rebuild nonconforming uses) is primarily
e
aimed at the m onfllctingcommercial and industrial uses
in inappropriate residential areas where such policies
encourage their elimination. The use In a multi -family
residential structure in a residential district is
residential."
C. Based on the likelihood that there would be few situations
in which such multi -family structures would be rebuilt over
time, as
compared to the hardship which property o must
endure if the lending institutions either will not mortgage
such properties (although they have in the past) orwill
charge them a significantly different rate such as that
charged non -owner occupied, rental properties, it is Staff
recommendation that the amendment to the nonconformities
sectn be recommended to the City Council.