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HomeMy WebLinkAbout2012-03-26 12-126 ORDINANCECOUNCIL ACTION Item No. 12 12 6 Date: March 26, 2012 Item/Subject: Ordinance, Amending Chapter 16% Land Development Code, of the Code of the City of Bangor — Nonconforming Residential Accessory Structures Responsible Department: Legal Commentary: Residential accessory structures have existed on lots in the urban part of the City for decades and many were constructed prior to City Code setback or permitting requirements. The City's Land Development Code currently prohibits a property owner from demolishing and rebuilding said accessory structure in the same foot print. This amendment to the City's Land Development Code will, if approved, facilitate the reconstruction of these structures in the same foot print with no increase in the nonconformity. Department Head Manager's Comments: I Oji°>�sY�11e!! drwl1�%' on City Manager iY4c1d�`S/)h [�'•,� G%ry�N� Associated Information: Budget Approval: Legal Approval: Introduced for Passage First Reading s/ Referral ; 7jr flantnf flod Finance Director Page — of — 12 126 March 26, 2012 F 9 4�CC Assigned to Councilor - Gallant � II••t Y; fi C I'TYF' O BANGOR �rOOq 'E3T3�6~~�i� ED, F (TITLE.) Ordinance, Amending Chapter 165, Land Development Code, of the Code of the City of Bangor — Nonconforming Residential Accessory Structures WHEREAS, residential accessory structures (i.e. carriage houses, barns, garages) have existed on lots in the urban park of the City for decades; and WHEREAS, often times these accessory structures were constructed prior to setback or permitting requirements; and WHEREAS, the Land Development Code currently prohibits a property owner from demolishing and rebuilding said accessory structure in the same foot print, the proposed amendment would facilitate the reconstruction of these structures in the same foot print with no increase in the nonconformity. NOIR, THEREFORE, BE IT 0RDAINED BY THE CdTY COUNaL OF THE CITY OF BANGOR. - THAT Chapter 165 of the Code of the City of Bangor is amended as follows: By adding the following: §165-19 (A). Reconstruction or Rel2lacement of Nonconforming Residgntial AccesspEy Structures. Any existing legally established nonconforming residential accessory structure which is located within the require k in a RD -1, URD -2 or gLi M&SD zoning District which is r m or damoged or dcLt-rogygd ma r_econ=cted or reQlaod in the exact location 12rovided that a Qgrmitis ot in within one year of 5§id removal. damage or destruction and provided that any non -conformity is not inched. Note: Additions are underlined. IN CITY COUNCIL March 26, 2012 First Reading and Referral to the Planning Boa;rd LATER CITY LE IN CITY COUNCIL May 14, 2012 Motion Made and Seconded for passage Vote 8-0 Councilors Voting Yes: Baldacci, Blanchette, Durgin, Gallant, Gratwick, Longo, Sprague & Weston Councilors Voting No: None Councilor Absent: Hawes Passed Lt% /7 !% CITY CLIPM - -- ' 012-126 ORDINANCE (TITLE,) Amending Chapter 165, Land Development Code, of the Code of the City of Bangor - Nonconforming REsidential Accessory Structures Assigned to Councilor_ MEMORANDUM DATE: May 2, 2012 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Land Development Code Chapter 165-19(A) Accessory Residential Structures Council Ordinance 012-126 Please be advised that the Planning Board at its meeting on May 1, 2012, held a Public Hearing on the above zoning amendment. Planning Officer David Gould indicated the proposed amendment was intended to allow property owners with pre-existing residential accessory structures to rebuild them in the same location even if they do not conform to existing setback requirements. Accessory structures that may be lost due to fire or other damage could be rebuilt in the same location if a building permit was secured within one year of the loss of the building. There were no opponents or proponents speaking to the above zoning amendment. Ms. Williams asked what the word "remove" means in the proposed wording of the amendment. Mr. Gould indicated that it means that older structures that are removed can be replaced. Mr. Bolin indicated that he saw this as a positive especially when homeowners who have run down, older structures that they would like to replace. Member Damon noted he liked the flexibility it offered and asked if the language might be copied in other communities? Mr. Gould noted that Bangor has a much greater number of older housing than most of the surrounding suburban communities. In addition there are still communities that grant variances, so their approach may be different than Bangor's. The Board voted all in favor and none opposed to recommending approval of Council Ordinance 012-126.