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Home My WebLink About2020-03-09 20-097 ORDINANCETitle, Ordinance 20-097 03/09/2020 CITY COUNCIL ACTION Council Meeting Date: March 9, 2020 Item No: 20-097 Responsible Dept: Legal/Planning Action Requested: Ordinance Map/Lot: N/A Amending Chapter 165, Land Development Code, Section 165-15 Extension or Increase in Intensity, to Remove a Restriction on the Development of Nonconforming Lots Summary This ordinance amendment would remove a "merger" provision from the land development code, so that adjacent nonconforming lots would no longer be considered as one lot if they are owned by the same person. Currently, the land development code contains a provision, typical of many zoning ordinances in the past, whereby if 2 nonconforming lots come under the same ownership, then, for the practice of zoning enforcement, they are seen as one lot — emerged" (even if the lot is separated at the Registry of Deeds, in Assessing and/or on our web maps). The property owner is taxed for 2 separate lots, has a deed for 2 separate lots, but under the zoning requirements, it is seen as one lot (merged). Removing a merger provision can encourage infill development in older, denser neighborhoods. Communities also see this merger provision as difficult to communicate and administer to property owners. This policy change is in keeping with the following City Council Goal for the current year: Improve Quality and Quantity of Housing to meet demand for workforce housing, life cycle housing, and supportive housing Committee Action Committee: Business and Economic Development Action: Staff Comments & Approvals Meeting Date: March 3, 2020 For: 3 Against: 0 As this is an amendment to the Land Development Code, it should also be referred to the Planning Board meeting of March 17, 2020. I f-, 6; , , - -, N C -Al City Manager City Solicitor Introduced for: First Reading and Referral Finance Director CITY COUNCIL ORDINANCE Date: March 9, 2020 Assigned to Councilor: Fournier 20-097 03/09/2020 ORDINANCE, Amending Chapter 165, Land Development Code, Section 165-15 Extension or Increase in Intensity, to Remove a Restriction on the Development of Nonconforming Lots WHEREAS, at present, the city is implementing the March 2019 Recommendations to Improve the Status of Housing in Bangor from the Bangor Housing Work Group; WHEREAS, at present, there are non -conforming lots that cannot be built upon if adjoining in the same ownership; WHEREAS, where the Bangor Housing WorkGroup has recommended infill development; WHEREAS, this ordinance amendment provides a mechanism for new residential development in the growth area; 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 is amended as follows: § 165-15 Extension or increase in intensity. Nonconformities shall not be extended, expanded, enlarged or increased in intensity except in conformity with the following provisions: A. A nonconforming use may not be extended within a building or other structure to any portion of the floor area that was not occupied by such use on the effective date of this chapter (or on the effective date of a subsequent amendment hereto that causes such use to become nonconforming); provided, however, that a nonconforming use may be extended throughout any part of such building or structure that was lawfully and manifestly designed or arranged for such use on such effective date. B. A nonconforming use may not be extended to any building or other structure or land area other than the one(s) occupied by such use on the effective date of this chapter (or on the effective date of a subsequent amendment hereto that causes such use to become nonconforming), except as provided in § 165-16 below. C. On any nonconforming lot of record having an area of at least 5,000 square feet and street frontage of at least 50 feet at the time of adoption or amendment of this chapter, the following uses may be established, notwithstanding other limitations contained herein: a single-family dwelling and customary accessory uses in any district in which single-family dwellings are permitted and any permitted use and customary accessory uses in any NSD, USD, DDD, WDD, S & PS or GC & S District. 20-097 03/09/2020 Milli III (2) Even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, the yard dimensions and requirements, other than those applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. (3) Variance of yard requirements shall be obtained only through action of the Board of Appeals. Memorandum To:Honorable Bangor City Council CathyConlow, City Manager From:Anne M Krieg AICP, Planning Officer Date:April 8, 2020 CC:Tanya Emery, Director of Community and Economic Development Paul Nicklas, City Solicitor Jeff Wallace, Code Enforcement Officer Re:Planning Board Recommendation April 7, 2020 Text Amendment Change –Land Development Code –Merger Provision -To Amend Chapter 165, Land Development Code, of the Code of the City of Bangor, to provide relief for non-conforming properties by removing the merger provision for the purposes of zoning administration and enforcement. 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 April 7, 2020. The meeting was conducted using the city’s Zoom account. Planning Officer Krieg reviewed the background for the text request as the change is a staff-led effort. Her comments from the staff memorandum included: A.Currently, there is a provision, typical of many zoning ordinances in the past, whereby if 2 adjoining lots come under the same ownership, and, if one or both are non-conforming as to dimensional requirements, then, for the practice of zoning enforcement, they are seen as one lot –“merged”. B.As a reminder, non-conforming means, in this case, the lot conformed to zoning, or pre-dated zoning, and then the zoning code changed and it no longer conforms. The lot is protected with certain rights and privileges, but also restrictions and limitations because getting to conformity with current standards is the goal. C.In 1991 it appears that Bangor increased minimum lot sizesin residential zones. This was a very common practice, using a single-family-larger-lot zone to slow residential development; however, there have been unintended consequences. One of those unintended consequences was that the vast majority of in-town house lots are grandfathered nonconforming. 73 HARLOW STREET, BANGOR, ME 04401 TELEPHONE: (207) 992-4280 FAX: (207) 945-4447 WWW.BANGORMAINE.GOV CITY OF BANGOR PLANNING DIVISION PLANNING BOARD RECOMMENDATION TO CITY COUNCIL LOT MERGER PROVISION D.When adjacent nonconforming properties come under the same ownership, under our current land development code language, that lot is enforced as one lot (even if the lot is separated at the Registry of Deeds, in Assessing and/oron our web maps). The property owner is taxed for 2 separate lots, has a deed for 2 separate lots, but under the zoning requirements, it is seen as one lot (merged). E.Many communities across the country have taken this restriction out of their ordinances. Removing a merger provision can encourage infill development in older, denser neighborhoods. The Board passed a motion, by roll call, made by Member Shaw and Seconded by Member Brush, to recommend to the City Council that the text change for the mergerprovision removalought to pass. All members voted yes. Page 2 | 2 IN CITY COUNCIL MARCH 9,2020 COrd 20-097 FIRST READING AND REFERRAL TO PLANNING BOARD MEETING OF MARCH 17,2020 CI Y CLERK APRIL 13,2020 COrd 20-097 MOTION MADE AND SECONDED FOR PASSAGE VOTE 8 - 0 COUNCILORS VOTING YES: FOURNIER, HAWES,NICHOLS, OKAFOR, SCHAEFER, SPRAGUE, SUPICA, TREMBLE COUNCILORS VOTING NO: NONE PASSED CITY CLE