HomeMy WebLinkAbout1977-06-27 280 AE ORDINANCE280 A8 Introduced by Councilor 2eMzian, ,Nne b, 1977 CITY OF BANGOR '(TITLE.) (®rbin tr4AmendingChapter VIII,,.Axt cls 2 - N nco fortuities. Be U ordained by Ow Me CwssU of C(W of Benson ae fonsme: THAT Chapter VII, Article 2 be amended as follows: THAT Sections 5 and 6 be deleted and replaced as follows: §5 Generali lotion, Each building, structure, of. land area in t e- th Ci y oY Bangor shall conform to the use restrictions, lot size requirements, site development requirements, and all other applicable provisions of this ordinance which govern the zone in which, ibis located, except as provided in Section 6 below. §6 Nonconformities. Any use of a building or structure, any use or landwhere no buildings or structures or only accessory build- ings or structures exist, any lot, or any site development which lawfully existed before this ordinance was enacted or amended, but which now fails to conform to the provisions of this ordinance, is termed a nonconformity. It is the intent of this ordinance strongly to disfavor nonconformities and to encourage their elimination; however, acknowledging their resilience to traditional zoning techniques designed to secure their elimination, it is also the intent of this ordinance to treat them realistically by allowing certain ameliorative changes. Therefore, nonconformities may con - tine subject to the following conditions: 1. Increases prohibited, Nonconformities shall not be extended, expan a ,Z E- eTd, or increased in intensity, Such prohibited activities shall include without being limited to: (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 ordinance (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. 38 E ,IN CITY C01@CIL ,Jane 27� 1977 Received let reading, referred ORDINANCE to Code L Ordinance Review Co®ttae „ and than to the Planning Raced. Consider next meeting. TIM Amandi no Chat. VIII. Reticle 2 en a / NOnconEOtnifian _ CITY CLE IN CIM COUNCIL July 11, 1977 Consider next meeting. lnlnx:icei and (ilei W CLIP IN CITY COUNCIL77 IN CITY COUNCIL dN CITY CCNNCIL CJ�lyons der next Consider next meeting. SeptewConaidbev 26�ext 19]] onfider 26. 19]] Coraider next meeting. Confider Deeem��b//er 28, 1977. n' L*C //0.•naw� nil CITY CI CITY C ( CITY C RR IN CITY CCUNCILV Angust B. 19]' r s IN CITY COUNCIL IN CI'M COUNCIL CDnsider nTstmeti October 12, 1977 December 28, 1977 C Consider next meeting. Cc er February 13, 1978. �/��c(� CITY CIERYeaCn CIT ER% IN CEYY CWfCI 1979• . £ IN CITY COUNCIL IN CITY COUNCIL August22 _ October 24, 1977 FRNUARY 1391978 -Maiaer e'ext .mea.;ting"' ', y Consider next meeting. AMEND WITH NEW ADDITION REFER TO PLANNING BOARD CONSIDER MARCH 13th 1978 cx'M L81+1( cIM1Y C IN CITY COUNCIL IN CITY COUNCIL September12,12, 19)] November 14, 1977 - CITY Ci Consider next meting. Consider next meeting. IN CITY COUNCIL NARCH 1391978 CITY CLE // ze PASSED AS AMENDED, VOILE NINE Yad CITY cam 0 No _ _. K'" CITY Ci (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 ordinance (or on the effective date of a subsequent amendment hereto that causes such use to become nonconforming), except as provided in §6, para- graph 2 below. (c) A nonconforming lot may not be changed in any manner which increases its nonconformity; provided, however, in an agri- cultural zone or any residential zone a single family dwelling and customary accessory building or structure may be erected on a single lot of record existing on the effective date of this ordinance. A lot of record shall be limited to any parcel of land held under separate and distinct ownership ft= adjacent lots as of said effective date, having an area of at least 5,000 sq. ft., having a street frontage of at least 50 ft., and being described on an approved subdivision plan on record in the Penobscot County Registry of Deeds. Single lots of record, as herein defined, shall be deemed not to to nonconforming. (d) A nonconforming site development may not be changed in any manner which increases or extends its nonconformity; provided, however, this restriction shall not prohibit changes which do not directly affect -the nonconforming site development aspect(s). 2. Cha ah Lane Y�ion. . The right to continue a noncon- formity may not be transferred to any other portion of the building, structure, or land area in or on which it is located, nor to any other building structure, or land area; provided however, a non- conforming building or structure may be replaced in its entirety by a building or structure which conforms to the applicable site development requirements of the zone in which it is located, including the re-establishment of the lawfully existing nonconform- ing use or such other use as is allowed by §6, paragraphs 6 or 7 below, upon site plan approval by the Planning Hoard pursuant to Article 21, Section 10. 3.Abandorwent. IF any nonconforming use is discontinued for twelve consecutive months, it shall be deemed abandoned and the right to continue it shall terminate. 4. Reaotration prohibited. If any nonconforming building or structureaaama3escroyea, or decays to the extent that the cost of restoration of such damage exceeds seventy-five percent (75%) of its assessed value, it may not be restored and the right to continue it shall terminate. _...__. 5. Routine reyaix e. The sight to continue a nonconforming building or structure eludes, but La limited to, the right to make routine repairs of non-bearing walls, fixtures, and other "nonstructural elements" of a nonconforming building, structure, or accessory building or structure, except as provided in 66, paragraph 2 above. 6. Change�of Use to a Conforming Use. Subject to site plan approval the Plane ng oaii dpvrsuant to Article 21, Section 10, a nonconforming use may be changed to a use which is a permitted use in the zone in which it is located. Subject to treatment as a special exception pursuant to Article 22, a nonconforming use may be changed to a use which is a special exception use in the zone in which 1t is located. 7. Chan a of Use ro Another Nonconforming Use. Subject to treatment as a spec a cep tion pursuant to ArY c e 22*, non- conforming use may be changed to another nonconforming use, provided no structural alterations are made in violation of paragraphs) through 5 above, in accordance with the following schedule: (a) In a C-1 Zone, from any permitted use or special exception use in a C-3 Zone, from any special exception use in a C-2 Zone, or from any industrial use to any permitted use in a C-2 Zone. (b) In an R-4 or R-5 Zone, from any commercial or industrial use to any permitted use or special exception use in a C-1 Zone. (c) In any residential zone, from any commercial or industrial use to a permitted use or a special exception use in any residential zone. (d) In any residential zone, from any residential use to any permitted use or special exception use in a more restrictive residential zone; R-1 is deemed the moat restrictive residential zone and R-5 is dammed the least restrictive, with the other residential zones restricted in order of zone number. *For the purpose of this paragraph, standard (a) of Section 2 of Article 22 shall not apply. Substitution for Council Order 280 AE Zoning Ordinance Amendment February 2, 1978 Additions 1. 55 and g6 of Article II. 2. Definitions - LOT OF RECORD: Anv\ arcel of land held under separate and distinct ownership from adjacent lots as of the .effective date of this Ordinance, and being described on an approved subdivision plan on record in the Penobscot County Registry sof Deeds or described by metes and bounds and recorded in the Penobscot County Registry of. Deeds. USE: The purpose or activity for which a in structure, or a piece of land is occupied. or or maintain ainn ed as it is enumerated in the various zones. SITE DEVELOPMENT REQUIREMENTS: The requirements which contro [1—he size an t e o acement of a building or structure on a parcel of land. NONCONFORMITY/ Any ofthe following four items which awifurTyexipted'before this Ordinance was enacted or amended, but which now fails to conform to the provisions of this Ordinance: 1. Any use of a building or structure, 2. Any use of land where no building or structures or only accessory buildings or structure exist, 3. Any lot, 4. 'Any site development. Deletions 1. 95 and §6 of Article 11 in their entirety ./ 2. §4(7) of Article 21 3of Article III which.reads "the words 'used' or 'occupied' include the words 'intended', 'designed', or 'arranged to be used or occupied'," 4. Definitions LOT OF RECORD, USE„ AND NONCONFORMING USE. PROPOSED AMENDMENT TO CHAPTER VIII, ARTICLE 2 (NONCONFORMITIES) February 2, 1478 45 r,eneral Regulation. Each building, structure, or land area in the City of Bangor shall conform to the use restrictions,lot size requirements, site development requirements,' and all other applicable provisions of this ordinance which govern the zone in which it is located, except as provided in Section 6 below. 56 - Nonconformities. Any useof a building or structure, any use of land where no buildings or structures or only accessory build- ings or structures exist, any lot, or any site development which lawfully existed before this ordinance was enacted or amended, but which now fails to conform to the provisions of this ordinance, is termeda nonconformity. It is the intent of this ordinance strongly to disfavor nonconformities and to encourage their elimination; however, acknowledging their resilience to traditional zoning techniques designed to secure their elimination, it is also the intent of this ordinance to treat them realistically by allowing certain ameliorative changes. Therefore, nonconformittes may continue subject to the following conditions: 1. Increases prohibited. Nonconformities shall not be extended, expanded, enlarged, or increasedinintensity except in conformity with this paragraph. Such prohibited activities shall include without being limited to: February 2, 1978 (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 ordinance (or on the effective date of a subsequent amendment hereto that 4 causes such use to became 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 ordinance (or on the effective date of a subsequent amendment hereto that causes such use to become non- conforming), except as provided in 96, paragraph 2 below. (c) In any zone in which single-family dwellings are per- mitted, a single-family dwelling and customary accessory buildings my be erected or in/any C-1, C-2, C-3, or C-4 zone any permitted use in such zones along with its customary accessory uses may be erected on any single lot of record having an area of at least 5000 (five thousand) square feet and having a street frontage of at least 50 (fifty)feet -ac the effective date of adoption or amendment of this ordinance, not withstandinz limitations imposed by other provisions of this ordinance Provided that: (1) Such lot must be in separate ownership and not.: of continuous frontage with other lots in the same ownership, 777 February 2, 1978 (2) Even though such lot fails to meet the require- ments for area or width, or both, that are generally applicable in the zone, 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 zone in which such lot is located, (3) Variance of yard requirements shall be obtained only through action of the Board of Appeals, (4) If two or more lots or combinations of 'lots and - portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this ordinance, and if all or part of the lots do not meet the requirements estab- lished for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this ordinance, and no portion of said parcel shell be used or sold in a manner which diminishes compliance with lot width and area requirements established by this ordinance, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this ordinance. (d) A nonconformingsitedevelopment may not be changed in any manner which increases. or extends its nonconformity; provided, - however, this restriction shall not prohibit changes which do not directly affect the nonconforming site development aspect(s). February 2, 1978 (2) Even though such lot fails to meet the require- ments for area or width, or both, that are generally applicable in the zone, 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 zone in which such lot is located, (3) Variance of yard requirements shall be obtained only through action of the Board of Appeals, (4) If two or more lots or combinations of 'lots and - portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this ordinance, and if all or part of the lots do not meet the requirements estab- lished for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this ordinance, and no portion of said parcel shell be used or sold in a manner which diminishes compliance with lot width and area requirements established by this ordinance, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this ordinance. (d) A nonconformingsitedevelopment may not be changed in any manner which increases. or extends its nonconformity; provided, - however, this restriction shall not prohibit changes which do not directly affect the nonconforming site development aspect(s). February 2, 1978 2. Change of Location. The right to continue a nonconformity may not be transferred to any other portion of the building, structure, or land area in or on which it is located, nor to any building, structure, or land area; provided, however, a nonconforming building or structure may be replaced in its entirety by a building or structure which conforms to the applicable site, development requirements of the zone in which it is located, including there - establishment of the lawfully existing nonconforming use or such other use as is allowed by §6, paragraphs 6 or 7 below, upon site plan approval by the Planning Board pursuant to Article 21, Section 10. 3. Abandonment. If any nonconforming use is discontinued for twelve (12) consecutive months, it shall be deemed abandoned and the right to continue it shall terminate; provided, however, that even after such abandonment a new use may be established in accordance with paragraph 7 below. 4. Restoration prohibited. If any building or structure housing a nonconforming use is damaged, destroyed, or decays to the extent that the cost of restoration of such damage exceeds seventy-five percent (757) of its assessed value, it may not be restored and the right to continue it shall terminate, except as provided in §6, para- graph 2 above.. 5. Routine repairs: The nigh[ to continue xo a g H•esisa a rRCums building or structure t-- -----_ —=- = the right to make routine repairs of non-bearing walls, fixtures, and other "nonstruc- February 2, 1978 rural elements" of a nonconforming building, structure, or accessory .building or structure, except as provided in §6, Paragraph 2 above. 6. Chance of Ilse to a Conforming Use. Subject to site plan approval by the Planning Board pursuant to Article 21, Section 10, a nonconforming use may be changed to a use which is a permitted use in the zone in which it is located. Subject to treatment as a special exception pursuant to Article 22, a nonconforming use may he changed toe usewhich is a special exception use in the zone in which it is Located. 7. Change of Use to Another Nonconforming Use. Subject to treatment as a special exception pursuant to Article 22*, a non- conforming use may be changed to another nonconforming use, provided no structural alterations are made in violationof paragraphs 1 through 5 above, in accordance with the following schedule: (a) In a C-1 Zone, from any permitted use or special exception use in a C-3 Zone, from any special exception use in a C-2 Zone, or. from any industrial use to any permitted use in a C-2 Zone. (b) In an R-4 or R-5 Zone, from any commercial or industrial use to any permitted use or special exception use in - a C-1 Zone. (c) In any residential zone, from any commercial or industrial use to a permitted use or a special exception use in any residential zone. *For the purpose of this paragraph, standard (a) of Section 2 of Article 22 shall not apply. February 2, 1978 (d) In any residential zone, from any residential use to anypermitted use or special exception use in a more restrictive residential zone; R-1 is deemed the most restrictive residential zone and R-5 is deemed the least restrictive, with the other residential zones restricted in order of zone number. aide of Pis", fflairm DEPARTMENT AT PLANNING Ad COMMUNITY DEVELOPMENT Uem March 10, 1978 PMmY G. McKey Maw, Councilor Paul Zeadsian Ordinance - 280 AE - Aoncordexmities Since meeting with the Code end Ordinance Revtew Committee, Bill Dale and I have made an additional Charge to the February 2, 1978 proposed amendment to Chapter VRI, Article 2 - NoncoxSoxmitiea.. This additional Change was approved by the Flawing Board at its meeting on Maxch 6, 1978. (Thin is to conform with the amendment we made at the Code and Ordinance Review Committee meeting.) A Me Charge involves a minor word charge in the first sentenoe of 3U6 section 5 to read as follows: ^Theright to Continue one df a building or structure housing a. nonconforming use includes, . . . 11 ** 4 sonM. wra Plarning officer 1 1. 11111 IFFIA/ mma Ulm aide of Pis", fflairm DEPARTMENT AT PLANNING Ad COMMUNITY DEVELOPMENT Uem March 10, 1978 PMmY G. McKey Maw, Councilor Paul Zeadsian Ordinance - 280 AE - Aoncordexmities Since meeting with the Code end Ordinance Revtew Committee, Bill Dale and I have made an additional Charge to the February 2, 1978 proposed amendment to Chapter VRI, Article 2 - NoncoxSoxmitiea.. This additional Change was approved by the Flawing Board at its meeting on Maxch 6, 1978. (Thin is to conform with the amendment we made at the Code and Ordinance Review Committee meeting.) A Me Charge involves a minor word charge in the first sentenoe of 3U6 section 5 to read as follows: ^Theright to Continue one df a building or structure housing a. nonconforming use includes, . . . 11 ** 4 sonM. wra Plarning officer Bangor, the amer of Mahe—the Gateway to Maine's North Woods and Seashore Ba ms RODNEY G. MALAY CITY HALL DINHIGH BANGOR, MAINE Wan JOHN LORD TEL, mti>a.a+« w.a ..noxa,. 0% of Gager. glalt¢ DEPARTMENT Of PLAMMIIG 1.0 COMMUWITY DEVELOPMENT DATE: March 7, 1975 TO: The Honorable City Council FROM: The Planning Board SUBJECT: Amending Zoning Ordinance Nonconfcrmities Council Order 280 AE Please be advised that the Planning Board at its regularly scheduled meeting on March 6, 1978, held a public hearing on the above request. After a thorough discussion of the advantages of this amend- ment over the present treatment on Noncanformitxes in the Ordinance, the Board voted five in favor and none opposed to recommend approval of the above Honing Ordinance amendment: A,M. Lora Planning Officer