NONCONFORMING LOTS and MINIMUM LOT SIZES

The Planning Board will be holding a public hearing in the City Hall Council Chambers on January 10, 2017, at 7:00 PM to discuss some proposed changes to the Zoning Ordinance and Zoning Map.  These changes primarily involve, first, the ability to build single-family homes on nonconforming lots of record and, second, the required minimum lot sizes in the Residential A and AA zoning districts.

Regarding nonconforming lots, the key changes are both a correction, necessitated by a recent court case, to enable homes to continue to be built on such lots but also a set of new, additional standards that would have the effect of making the rules for nonconforming lots more restrictive.  As an example of being more restrictive, all applications for homes on nonconforming lots of record would now require Planning Board public hearings; currently only those involving lots less than 5,000 square feet have to go to the Planning Board.

In terms of required minimum lot sizes for the A and AA zones, the proposal is to base the standard not on large, suburban-style lot sizes as is currently the requirement across the City, regardless of existing neighborhood patterns, but instead to base zoning minimum lot size requirements on the actual median lot sizes for the A and AA zones in each neighborhood.  In this way, neighborhoods that currently have larger existing house lots would have a larger minimum lot size standard, and those with smaller lots—as is typically found in the older parts of the City—would have smaller required minimum lot sizes.  This adjustment to the minimum lot sizes will eliminate the artificiality of the current zoning minimum lot size standard.  It also will remove the unfairness inherent in some property owners being able split off part of their property for a new home, because it happens to consist of one or more nonconforming lots of record, while a neighbor down the street is prevented from similarly creating a new house lot, even though owning the same amount of land, because the parcel doesn’t happen to consist of nonconforming lots.

The proposed amendments, as well as background materials, are contained in the file set below.  The version now under consideration is Version C.

At the conclusion of the public hearing the Planning Board will make a recommendation to the City Council on the proposed amendments.  The City Council will then hold a public hearing on Wednesday, January 18th. Please contact the City Clerk's office (767-7601) or the City Manager's office (767-7606) for information on when subsequent City Council meetings may take place.

For more information, please contact Tex Haeuser, Planning Director, at chaeuser@southportland.org.

 

Nonconforming Lots and Minimum Lot Sizes

File Name Date Added File Size
NC Lots and A-AA Min Lot Sizes Adopted 2-6-17.pdf - 5,657.52 KB - 2/28/2017 2/28/2017 5,657.52 KB
Version C Ch 27 Amends re NC lots & density & Frontage WITH MAP 12-20-16.pdf - 2,942.09 KB - 12/21/2016 12/21/2016 2,942.09 KB
Planning Director Memo for 11-28-16 City Council Workshop.pdf - 18,642.29 KB - 11/23/2016 11/23/2016 18,642.29 KB
Planning Board Presentation 11-15-16.pptx - 1,458.54 KB - 11/16/2016 11/16/2016 1,458.54 KB
Version A Ch 27 Amends re NC lots & density for Nov 15 Pl Bd PH WITH MAP 10-26-16.pdf - 5,535.87 KB - 11/4/2016 11/4/2016 5,535.87 KB
Version B Ch 27 Amends re NC lots & density for Nov 15 Pl Bd PH WITH MAP 10-26-16.docx.pdf - 5,536.32 KB - 11/4/2016 11/4/2016 5,536.32 KB
Memo to the PB for the 11-15-16 Meeting.pdf - 339.18 KB - 11/10/2016 11/10/2016 339.18 KB
10-24-16 City Council Workshop.pdf - 507.03 KB - 10/27/2016 10/27/2016 507.03 KB
9-26-16 City Council Workshop.pdf - 2,818.41 KB - 10/27/2016 10/27/2016 2,818.41 KB
Planning Director Memo to the City Council 9-22-16.pdf - 1,637.08 KB - 11/9/2016 11/9/2016 1,637.08 KB
Council Second Reading and Action Materials - 9-7-16.pdf - 1,341.16 KB - 11/9/2016 11/9/2016 1,341.16 KB
Planning Director Memo to the City Council 9-2-16.pdf - 1,631.17 KB - 11/9/2016 11/9/2016 1,631.17 KB
Memo to the PB - 8-23-16 PB Meeting - re Council One-Year-Fix Nonconforming Lots Amendments.pdf - 153.88 KB - 11/9/2016 11/9/2016 153.88 KB
City Council First Reading - 8-1-16 - Position Paper and Background Materials.pdf - 316.76 KB - 11/9/2016 11/9/2016 316.76 KB
Council Workshop - 7-25-16 - Position Papaer and Background Materials.pdf - 13,193.01 KB - 11/9/2016 11/9/2016 13,193.01 KB
Thirlmere Decision.pdf - 1,006.02 KB - 11/9/2016 11/9/2016 1,006.02 KB
Index of Homes Built on Nonconforming Lots 2007 - 2016.pdf - 195.68 KB - 10/27/2016 10/27/2016 195.68 KB
1 Simonton - 13 Spear.pdf - 7,050.06 KB - 5/13/2016 5/13/2016 7,050.06 KB
13 Tanner - 20 Dawson.pdf - 7,502.92 KB - 5/13/2016 5/13/2016 7,502.92 KB
21 Bishop - 33 Bodge.pdf - 5,890.40 KB - 5/13/2016 5/13/2016 5,890.40 KB
33 Franklin - 41 Bonnybank.pdf - 10,764.99 KB - 5/13/2016 5/13/2016 10,764.99 KB
41 Curtis - 53 Brigham.pdf - 9,135.96 KB - 5/13/2016 5/13/2016 9,135.96 KB
54 Mosher - 87 Bonnybriar.pdf - 13,307.29 KB - 5/13/2016 5/13/2016 13,307.29 KB
87 Sawyer - 110 Cumberland.pdf - 8,881.08 KB - 5/13/2016 5/13/2016 8,881.08 KB
110 Pearl - 155 School.pdf - 10,212.49 KB - 5/13/2016 5/13/2016 10,212.49 KB
158 Mussey - 389 Sawyer.pdf - 8,216.85 KB - 5/13/2016 5/13/2016 8,216.85 KB