[Amended 4-13-1992 by Ord. No. 92-149; 1-11-1993 by Ord. No. 93-59; 6-14-1993 by Ord. No. 93-272; 5-14-2012 by Ord. No. 12-126; 3-14-2016 by Ord. No. 16-088; 1-13-2020 by Ord. No. 20-043; 4-14-2020 by Ord. No. 20-097; 3-8-2021 by Ord. No. 21-086; 10-12-2022 by Ord. No. 22-331]
It is the intent of this article to provide conformity with this Code, except that nonconforming conditions that legally existed before the effective date of this Code, or any amendment thereto, are allowed to continue, subject to the requirements set forth in this article. Except as otherwise provided in this Code, a nonconforming condition shall not be permitted to become more nonconforming.
A. 
It is the intent of this Code to provide protections for nonconformities to prevent decay and dilapidation of buildings. The right to make routine and necessary structural and nonstructural repairs on a nonconforming building remains.
B. 
It is also the intent of this Code that all nonconformities shall be converted to conformity when required by this Code.
C. 
Any nonconformity not expressly allowed by this Code as a legal nonconformity is hereby deemed illegal and shall cease or be corrected immediately.
D. 
The burden of establishing that any nonconformity is a legal nonconformity shall, in all cases, be upon the owner of such nonconformity and not upon the City of Bangor.
E. 
Any legally existing nonconformity may be transferred, and the new owner may, subject to the requirements of this article, continue such legal nonconformity; provided, however, that nothing contained herein shall be construed to permit any person or entity to occupy or use any lot or structure or to continue any use in violation of any applicable federal or state law, code, or regulation.
F. 
Once converted to conformity, no lot, structure, or use shall be permitted to revert to nonconformity.
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 use of land or structure 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 to the greatest extent possible. All such expansions of a nonconforming use are subject to the following:
[Amended 6-12-2023 by Ord. No. 23-154; 5-22-2023 by Ord. No. 23-141]
(1) 
For commercial nonconforming uses, review and approval by the Planning Board under Article XVI to ensure the expansion of the nonconforming use does not increase any adverse impact on adjacent properties.
(2) 
For noncommercial nonconforming uses, review and approval by the Code Enforcement Officer to ensure all other requirements of the respective district are met. This allowance for expansion does not include the addition of residential dwelling units.
B. 
A nonconforming use of land or structure may transfer to another nonconforming use, provided that the new use meets all other requirements of the district to the greatest extent possible. 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.
[Amended 5-22-2023 by Ord. No. 23-141]
C. 
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 non-conforming 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.)
[Amended 5-22-2023 by Ord. No. 23-141]
D. 
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, or 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 the structure must conform to all regulations, including use, of the applicable District.
E. 
Notwithstanding the above requirements, a nonconforming residential use may be modified, enlarged, and extended in all districts. Such changes include accessory dwelling unit only where allowed by district.
F. 
For purposes of determining nonconformities, marijuana stores as defined in § 165-13, including medical marijuana caregiver stores, medical marijuana dispensaries, retail marijuana stores, or any combination thereof, are considered the same use.
[Amended 5-22-2023 by Ord. No. 23-141]
Any structure which is made nonconforming as to requirements for yards, dwelling units per building, lot coverage, or height in the district in which it is located 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 structure may be maintained, repaired, reconstructed, and improved within the footprint of the structure at the time the structure became nonconforming.
B. 
A nonconforming structure containing a use listed in § 165-111A may be enlarged, subject to review by the Planning Board, only if it satisfies all of the provisions listed below:
[Amended 10-11-2023 by Ord. No. 23-296]
(1) 
The expansion satisfies all other applicable dimensional requirements of the district in which the structure is located.
(2) 
The expansion results in no new nonconformities.
(3) 
The expansion does not increase the nonconforming situation.
(4) 
The expansion does not cause or worsen safety problems, such as, but not limited to, reduction of sight distances from driveways or intersections, and does not increase any adverse impact on adjacent properties.
C. 
All other nonconforming structures may be enlarged, subject to review under § 165-116, only if it satisfies all of the provisions listed below:
(1) 
The expansion satisfies all other applicable dimensional requirements of the district in which the structure is located.
(2) 
The expansion results in no new nonconformities.
(3) 
The expansion does not increase the nonconforming situation.
(4) 
The expansion does not cause or worsen safety problems, such as, but not limited to, reduction of sight distances from driveways or intersections, and does not increase any adverse impact on adjacent properties.
D. 
If a nonconforming, nonresidential structure is demolished or accidentally destroyed by fire or natural catastrophe, the structure may be rebuilt on the existing footprint, or enlarged subject to the provisions listed above in § 165-17A. Reconstruction with any enlargements must commence within two years of the demolition or destruction, or the structure must conform to all regulations of the applicable district. Residential structures may be rebuilt and expanded otherwise within seven years of such damage by review of the Code Enforcement Officer, or the structure must conform to all regulations of the applicable district.
[Amended 10-11-2023 by Ord. No. 23-296]
E. 
Lots containing nonconforming residential structures that have been demolished, abandoned or cease to be occupied for a period of seven years or more shall conform to the requirements of this Code in all respects.
F. 
Lots with nonconforming residential structures may house accessory dwelling units if, in the opinion of the Code Enforcement Officer, the requirements in § 165-17C are met.
[Amended 5-22-2023 by Ord. No. 23-141]
A single parcel of land, the legal description or dimensions of which are recorded in a deed, plan, or map on file at the Penobscot County Registry of Deeds, which lawfully existed immediately prior to the enactment of pertinent Code or any subsequent amendment thereto, and which, as a result of the enactment of pertinent Code or any amendment thereto, does not meet the lot area, lot width, impervious surface ratio, floor area ratio, dwelling units per acre, open space, or buffer requirements in the district in which it is located, and which does not adjoin another parcel in common ownership may be built upon without the need for a variance, subject to the following requirements:
A. 
Except as allowed above in § 165-16 and § 165-17 for reconstruction, such building or construction shall, in all other respects, comply with the provisions of this chapter.
B. 
No construction shall be commenced until the owner demonstrates to the satisfaction of the Code Enforcement Officer that there is reasonable access to the site for emergency vehicles.
C. 
Nonconforming lots may house accessory dwelling units if there is a principal single-family dwelling on the property and if the requirements above are met, as well as no adverse impacts on adjoining properties, in the opinion of the Code Enforcement Officer, the Planning Officer and the City Engineer.
[Added 5-22-2023 by Ord. No. 23-141]
Lots and structures with off-street parking that is non-conforming may continue to be maintained, repaired, reconstructed, improved, and expanded subject to review by the Code Enforcement Officer. If uses are proposed to be changed, the Code Enforcement Officer may allow a continuation of non-conforming protections if the parking requirement for the new use is equal to or less than the parking requirement for the existing use.