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:
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City Manager
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Associated Information:
Budget Approval:
Legal Approval:
Introduced for
Passage
First Reading
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Finance Director
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12 126
March 26, 2012
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4�CC Assigned to Councilor - Gallant
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(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.