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
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and than to the Planning Raced.
Consider next meeting.
TIM Amandi no Chat. VIII.
Reticle 2
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CITY CLE
IN CIM COUNCIL
July 11, 1977
Consider next meeting.
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Consider next meeting.
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Coraider next meeting.
Confider Deeem��b//er 28, 1977.
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October 12, 1977
December 28, 1977
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Consider next meeting.
Cc er February 13, 1978.
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_ October 24, 1977
FRNUARY 1391978
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AMEND WITH NEW ADDITION
REFER TO PLANNING BOARD
CONSIDER MARCH 13th 1978
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September12,12, 19)]
November 14, 1977
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Consider next meting.
Consider next meeting.
IN CITY COUNCIL NARCH 1391978
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(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