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Home My WebLink About2024-04-22 24-131 Ordinance24-131 04/22/2024 CITY COUNCIL ACTION Council Meeting Date: April 22, 2024 Item No: 24-131 Responsible Dept: Legal Action Requested: Ordinance Map/Lot: N/A Title, Ordinance Amending Chapter 165, Land Development, Section 165-16, to Clarify Regarding Expansion of Legal Nonconformities Summary This Ordinance amendment, if passed, would revise the City's Land Development Code authorizing the expansion of legally existing nonconformities to limit such expansions to residential uses only. In recently revising the Land Development Code to allow for expansions of legally existing, nonconforming uses under certain conditions, the City's primary goal was to reduce the burden and expense required of owners of residential units to bring residential units into compliance with the Code and thereby increase the number of available housing units within the City. The proposed amendment is intended to avoid unintended consequences of increasing non -conformities involving commercial and industrial uses. Committee Action Committee: Business and Economic Development Action: Staff Comments & Approvals City Manager Meeting Date: 04/17/2024 For: City Solicitor Introduced for: First Reading and Referral to Planning Board May 7, 2024 Against: Finance Director 24-131 04/22/2024 CITY COUNCIL ORDINANCE Date: April 22, 2024 Assigned to Councilor: Tremble ORDINANCE, Amending Chapter 165, Land Development, Section 165-16, to Clarify Legal Nonconformities WHEREAS, at present, the Land Development Code allows for expansions of all legally existing, nonconforming uses under certain conditions; and WHEREAS, the City's primary goal in recently revising the Land Development Code to allow for such expansions of these nonconforming uses was to reduce the burden and expense for residential land owners to bring their non -conforming residential units into compliance with the Code with the goal of increasing available housing units within the City; and WHEREAS, the proposed ordinance revisions would limit the expansion of legally nonconforming uses to residential uses only; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT Chapter 165-16 of the Code of the City of Bangor is amended as follows: § 165-16 Nonconforming uses. The use of any land or structure, or any portion thereof, which is made nonconforming as a result of the enactment of this Code, or any subsequent amendment thereto, may be continued, but only in strict compliance with the following requirements: A. A nonconforming residential use of 'and e_ stF etuFe may continue to exist and may expand in size within the lot boundaries or building, provided the expanded use meets all other requirements of that District. tethe v+Review and approval by the Code Enforcement Officer is required to ensure that all other requirements of the respective district are met. This allowance for expansion does not include the addition of residential dwellina units. B. Nonconformina commercial or industrial uses may continue to exist but may not expand in size. 24-131 04/22/2024 BC. A non -conforming use of land or structure may transfer to another nonconforming use, provided that the new use meets all other requirements of the district, except that a nonconforming_ marijuana use may not transfer to another nonconforming marijuana use. to the gFeatest eAent pessibl� All such transfers of a nonconforming use are subject to review and approval by the Code Enforcement Officer, the Planning Officer, and the City Engineer, who must find, in order to approve the transfer, that the new nonconforming use does not increase any adverse impact on adjacent properties. ED. If any nonconforming nonresidential use ceases or is discontinued for any reason for a period of 24 or more consecutive months, any subsequent use shall conform to the requirements of this Code in all respects. If any nonconforming residential use is discontinued (including when a residential structure is not occupied) for a period of seven years or more, the use may not be restored and its right to continue shall terminate. (For example, if one unit in a four -unit dwelling ceased to be occupied for a period of seven years or more and the zoning district only allowed for three units, the building would have to revert to a three -unit building instead of a four -unit.) BE. Notwithstanding the above requirement, if a structure housing a nonconforming use is accidentally destroyed by fire or natural catastrophe, the structure may be rebuilt on the existing footprint, of and the residential nonconforming uses may be enlarged subject to the provisions listed above in § 165-16A. Reconstruction must commence within two years of the destruction for nonresidential uses, and seven years for residential uses, or else the structure will no longer be considered legally nonconformina and must conform to all regulations, including use, of the applicable District. F=F. A nonconforming residential use may ben �'�d, enlarged, and ,.Aendea in all districts subject to the conditions set forth in this section. Such changes include accessory dwelling units only where allowed by district. Additions are underlined; deletions are stFuek ffi W M e �'1 f� ` I �� .�.�� "" �� ./ � �1. F 1.�.� //; .q w '' I�EV'�� L��1"�T � M� .� CIT� �F BAI�T+G+C�R. PLANV�IC�ICr QIWI51ClN Memorandum To: Honorable Bangor City Council Debbie Laurie, City Manager From: Anja Collette, Planning Officer Date: May 8, 2024 CC: Courtney O'Donnell, Assistant City Manager David Szewczyk, City Solicitor Anne Krieg AICP — Director of Community & Economic Development Re: Planning Board Recommendation May 7, 2024 Amending Chapter 165, Land Development, Section 165-16, to Clarify Regarding Expansion of Legal Nonconformities 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 May 7, 2024. The meeting was conducted in the Council Chambers at City Hall and on Zoom. Members in attendance in the Chambers were Chair Reese Perkins, Vice Chair Ted Brush, Members Don Meagher, Josh Saucier, Trish Hayes, Jonathan Boucher, and Mike Bazinet, and Alternate Member Janet Jonas. City Solicitor Szewczyk presented the proposed changes to the ordinance. From the staff inemo: A. The proposed changes would update the City's Code of Ordinances to limit expansions of legally nonconforming uses to residential uses only and would place limitations on the transfer of nonconforming marijuana uses and on the determination of nonconforming marijuana uses. B. The purpose of the proposed amendment is to avoid unintended consequences from increasing non-conformities involving commercial and industrial uses. Prohibiting expansion of commercial and industrial nonconforming uses is sound planning as nonconformities by definition are contrary to a district's zoning regulations, and the changes staff recommend would close loopholes that might otherwise be exploited by commercial interests. The Board asked clarifying questions of staff regarding the types of situations this would apply to. Staff clarified this would apply to commercial and industrial uses that existed prior to the current zoning, but are no longer allowed as a use in the current zoning district; they are allowed to continue existing as legally non-conforming uses, but they could not expand in size. Szewczyk also provided an example of a use such as a marijuana store that was placed legally in a zone, but later became a 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 5.7.2024 Te�t Change-Non-conforming Uses non-conforming use because a daycare or school was placed within the minimum setback from the store. The marijuana store in that case could continue to exist, but could not expand in size. Member Meagher expressed disagreement with the proposed changes, feeling that commercial and industrial uses that existed prior to current zoning should be allowed to expand. There were no public comments. Member Boucher moved to recommend to City Council that the proposed change ought to pass. Member Bazinet seconded the motion. The motion passed 6:1 with all regular members voting in favor, except for Member Meagher who voted not to recommend. The result of the vote is that a majority of Planning Board members voted to recommend that the proposed change ought to pass. Anja Collette Page 2 � 2 IN CITY COUNCIL APRIL 22, 2024 COrd 24-131 First Reading and Referral to Planning Board Meeting on May 7, 2024 ��:,w�,��° '" .�� °,„�,��"��,°��*°.�� CITY CLERK IN CITY COUNCIL MAY 13, 2024 COrd 24-131 Motion made and seconded for Passage Vote: 8 —0 Councilors Voting Yes: Deane, Fish, Fournier, Leonard, Schaefer, Tremble, Yacoubagha, Pelletier Councilors Voting No: None Passed ��:,w�,��° '" .�� °,„�,��"��,°��*°.�� CITY CLERK