Any use of a building or structure, any use of land where no buildings or structures or only accessory buildings or structures exist, any lot or any site development which lawfully existed before this chapter was enacted or amended but which now fails to conform to the provisions of this chapter is termed a nonconformity. It is the intent of this chapter 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 chapter to treat them realistically by allowing certain ameliorative changes. Therefore, nonconformities may continue subject to the following conditions.
Nonconformities shall not be extended, expanded, enlarged or increased in intensity except in conformity with the following provisions:
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 chapter (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.
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 chapter (or on the effective date of a subsequent amendment hereto that causes such use to become nonconforming), except as provided in § 165-16 below.
On any nonconforming lot of record having an area of at least 5,000 square feet and street frontage of at least 50 feet at the time of adoption or amendment of this chapter, the following uses may be established, notwithstanding other limitations contained herein: a single-family dwelling and customary accessory uses in any district in which single-family dwellings are permitted and any permitted use and customary accessory uses in any NSD, USD, DDD, WDD, S & PS or GC & S District.
Editor's Note: Former Subsection C(1), which permitted the extension or increase in intensity of nonconformities, provided that the nonconforming lot was in separate ownership and not of continuous frontage with other lots in the same ownership, was repealed 4-14-2020 by Ord. No. 20-097.
Even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, 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 district in which such lot is located.
Variance of yard requirements shall be obtained only through action of the Board of Appeals.
Editor's Note: Former Subsection C(4), which immediately followed and permitted the extension or increase in intensity of nonconformities on two or more nonconforming lots of continuous frontage in single ownership, was repealed 4-14-2020 by Ord. No. 20-097.
Lots in an approved subdivision.
[Amended 1-11-1993 by Ord. No. 93-59]
Undeveloped approved lots in any subdivision approved by the City of Bangor after September 30, 1974, shall be considered nonconforming lots of record for any permitted use, subject to the applicable development standards in effect at the time of subdivision approval, whether in separate ownership or not, provided that:
Substantially all public improvements have been constructed as of the date of passage of this chapter;
Financial guaranties have been provided for necessary public improvements in accordance with City ordinance requirements; or
No construction of streets or public improvements was necessary for the sale and/or development of the lots.
Any lot in any approved subdivision in a Residential 1A Zone under the provisions of the 1974 Zoning Ordinance shall be considered grandfathered for manufactured housing use, and such lot will not be required to receive conditional use approval in a Low-Density Residential District under this chapter.
[Amended 4-13-1992 by Ord. No. 92-149]
A nonconforming building, structure or other site development may not be changed in any manner which increases or extends its nonconformity; provided, however, that this restriction shall not prohibit changes which do not directly affect the nonconforming site development aspect(s).
The right to continue a nonconforming use 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. However, subject to site development approval and conditional use approval by the Planning Board pursuant to Article XVI and § 165-9, respectively, a nonconforming mobile home park may be replaced and redeveloped in its entirety and may be expanded, all in accordance with the provisions contained in this chapter in Article XVII.
[Amended 3-14-2016 by Ord. No. 16-088]
If any nonconforming use is discontinued for 12 consecutive months it shall be deemed abandoned, and the right to continue it shall terminate; provided, however, that even after such discontinuance a conforming or conditional use may be established in accordance with § 165-20 below.
Notwithstanding Subsection A above, a nonconforming residential unit otherwise in compliance with this Code of Ordinances may, upon application for and receipt of a certificate of occupancy, retain its nonconforming residential use so long as it has not been vacant for a period of seven years or longer, changed to another use, or destroyed.
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, destruction or decay exceeds 50% of the appraised fair market value of the building or structure prior to such damage, destruction or decay, the nonconforming use may not be restored, and the right to continue it shall terminate. In the absence of a prior appraisal, the term "fair market value," as used in this subsection, shall mean the City of Bangor assessed valuation of the building or structure only, adjusted to 100% of state-assessed value on the most recent date prior to the damage, destruction or decay to be restored, provided that nothing in this subsection shall prohibit establishment of a conforming or conditional use in accordance with § 165-20 below.
Notwithstanding the provisions of Subsection A above, any legally established residential nonconforming use in an Urban Residence 1 District or an Urban Residence 2 District which is destroyed or damaged may be reconstructed pursuant to a building permit obtained within three years of its destruction or damage, subject to the following conditions:
[Amended 6-14-1993 by Ord. No. 93-272; 3-14-2016 by Ord. No. 16-088]
No more dwelling units may be installed in the structure housing such residential nonconforming use than were legally established prior to the passage of this chapter.
No more than three dwelling units in addition to that permitted under the district provisions shall be permitted.
The gross floor area contained in the preexisting structure shall not be increased in the reconstructed structure.
Any and all development standards of the zoning district which, in the opinion of the Code Enforcement Officer, can reasonably be met at the time of reconstruction shall be met.
Except as provided in § 165-18 above, maintaining a nonconforming building or structure shall include the right to make routine structural or nonstructural repairs.
[Added 5-14-2012 by Ord. No. 12-126]
Any existing legally established nonconforming residential accessory structure which is located within the required setback in a URD-1, URD-2 or an M&SD Zoning District which is removed, or damaged or destroyed may be reconstructed or replaced in the exact location, provided that a permit is obtained within one year of said removal, damage or destruction and provided that any nonconformity is not increased.
[Amended 3-14-2016 by Ord. No. 16-088]
Subject to any required approvals, 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 conditional use pursuant to § 165-9, a nonconforming use may be changed to a use which is a conditional use in the district in which it is located.
Subject to treatment as a conditional use pursuant to § 165-9, a nonconforming use may be changed to another nonconforming use, provided that no structural alterations are made in violation of §§ 165-15 through 165-19 above, in accordance with the following schedule:
In a Neighborhood Service District (NSD), from any permitted or conditional use in a GC & S District, from any conditional use in a USD or S & PS District, or from any industrial use to any permitted use in an Urban Service District.
In a URD-2 or M & SD or HDR District, from any industrial use to any permitted or conditional use in a Neighborhood Service District.
In any residential district except URD-1 and LDR, from any commercial or industrial use to a permitted or conditional use in any residential district (URD-1, URD-2, M & SD, LDR and HDR).
In any residential district, from any nonconforming residential use to any permitted or conditional use in the next most restrictive residential district; URD-1 is deemed the most restrictive district, while LDR is next most restrictive, URD-2 is the next most restrictive, HDR is the next most restrictive and M & SD is the least restrictive.
For the purpose of this section, § 165-9A(1) shall not apply. However, all standards of the district which can be met will be required to be met.