Town of Wells, ME Article III Nonconformities

§ 145-11 Intent.

A. It is the intent of this article to regulate nonconformities so that their adverse impacts on the surrounding properties and on the general public are minimized. Nonconforming uses, structures, lots and developments shall be allowed to continue with an effort made to bring them into compliance when the use is discontinued, when the property is being redeveloped or when there is a proposal to significantly expand the use.

B. Structures and uses created, altered or enlarged between March 11, 1950, and November 2, 1976, and subject to zoning enacted on March 11, 1950, shall be considered to be in compliance with any land use ordinances in effect during the time period from March 11, 1950, to November 2, 1976.

[Amended 4-16-1999]

§ 145-12 Nonconforming uses.

A. A nonconforming use may continue to exist although the use does not conform to the requirements of this chapter. The normal upkeep and maintenance, repairs, renovations or modernizations which do not expand the nonconforming use shall be permitted.

B. If a nonconforming use is replaced by a permitted use, the nonconforming use may be resumed within two years of its discontinuance, except in the Residential A, Residential B, Residential D and Resource Protection Districts, where a nonconforming use may not be resumed once it has been replaced by a permitted use.

C. An existing nonconforming use may be changed to another nonconforming use if the Zoning Board of Appeals determines that the impact of the proposed use on adjacent lots is equal to or less adverse than that of the existing use. This determination shall require written findings on the probable changes in traffic (volume and type), parking, noise, potential for litter, wastes or by-products, fumes, odors or other impacts likely to result from such change of use. The standards in Article VI (Town-Wide Regulations) and Article VII (Performance Standards) shall apply to the change of one nonconforming use to another nonconforming use.

D. A nonconforming use which is discontinued for more than two years shall not be resumed, except that a residential use in the Resource Protection or Shoreland Overlay District may be resumed if it has not been discontinued for more than five years.

E. A nonconforming use shall not be extended or expanded in land or floor area, except that a nonconforming use may be extended into any existing part of a building or structure for which site plan approval had been granted prior to the use becoming nonconforming.

F. Mobile home parks outside Mobile Home Park Overlay District.

[Added 11-5-2002; amended 6-14-2016]

(1) Notwithstanding § 145-12E, the Planning Board, acting under Chapter 202 (Subdivision of Land), may permit the expansion of a legally nonconforming existing mobile home park which is located outside the Mobile Home Park Overlay District, subject to the following conditions:

(a) The mobile home park was in existence on October 27, 2000.

(b) The expansion is limited to the parcel on which the existing mobile home park was located on October 27, 2000, plus any parcels abutting that parcel which are under the same ownership or control as the existing mobile home park.

(c) All new mobile home sites developed pursuant to this § 145-12F must comply with the requirements of § 145-34 (Mobile Home Park Overlay District), except that the maximum density shall be as follows:

[1] On the parcel on which the existing mobile home park was located on October 27, 2000, the maximum density shall not exceed:

[a] The density allowed when the existing mobile home park was approved; or

[b] The maximum density allowed currently in the zoning district in which the land is located, if the existing mobile home park was approved at a time when the ordinances of the Town of Wells did not impose a density limit or was developed before any Town approvals were required.

[2] On parcels abutting the existing mobile home park which can be developed pursuant to Subsection F(1)(b) above, the density shall not exceed the maximum density allowed currently in the zoning district in which the land is located.

(d) If an expansion includes land which was not in the same ownership or control as the existing mobile home park on October 27, 2000, the following additional limitations shall apply:

[1] The total number of mobile home sites developed pursuant to this § 145-12F, including any sites added within the parcel on which the existing mobile home park was located on October 27, 2000, plus any sites added on abutting parcels as allowed by Subsection F(1)(b) above, shall never exceed:

[a] Forty percent of the number of mobile home sites which were lawfully located in the existing mobile home park on October 27, 2000, provided that the existing mobile home park is served by public water and public sewer.

[b] Twenty percent of the number of mobile home sites which were lawfully located in the existing mobile home park on October 27, 2000, if the existing mobile home park is not served by public water and public sewer.

(2) Notwithstanding anything to the contrary in 1 M.R.S.A.§ 302, this § 145-12F applies to any application under this Chapter or under Chapter 202, whether or not such application has become a pending proceeding as defined in 1 M.R.S.A. § 302.

(3) Notwithstanding § 145-12E, an existing nonconforming mobile home park which was established prior to June 14,1976, and was not approved by the Planning Board per § 145-34 and/or Chapter 202 may continue to exist and operate. The lot lines of the lot on which the mobile home park is located may be revised and not considered an expansion if modified according to the following conditions:

[Added 11-8-2022]

(a) If the mobile home park is served by a central on-site subsurface wastewater disposal system approved by the Department of Health and Human Services, the total net lot area of the mobile home park lot shall be a minimum of 20,000 square feet per mobile home;

(b) A continuous landscaped strip shall be preserved or established of not less than 25 feet in width as measured from the exterior boundaries of the mobile home park lot, the buffer strip shall not contain part of any site, structures or road(s), and shall contain evergreen shrubs, trees, fences, or any combination which forms an effective visual barrier, except that entrances shall be kept open to provide visibility for vehicles entering and leaving the park;

(c) A designated area no less than 10% of the total net lot area of the mobile home park lot shall be reserved as open space. The area reserved as open space shall not contain part of any site, structures or road(s) and shall be suitable to be used for recreational, agricultural or common utility accessory purposes;

(d) The land within the park shall remain in a unified ownership, and the fee to sites or portions of sites shall not be transferred;

(e) No dwelling unit other than a manufactured home shall be located within the mobile home park;

(f) A plan depicting the mobile home park lot which meets the above requirements shall be recorded at the Registry of Deeds and filed with the municipality.

§ 145-13 Nonconforming structures.

A. A nonconforming structure may be repaired, maintained or enlarged in conformity with the requirements of this chapter.

B. Discontinuance of the use of a nonconforming structure shall not constitute abandonment of the structure. The use of such a structure may be reactivated provided the use is permitted within the district in which the structure is located.

C. The following modifications to those portions of nonconforming structures located within the required setbacks shall be permitted:

(1) The placement of a foundation beneath a nonconforming structure which does not increase the habitable space within any required setback and which does not increase the height of the structure above the height limit of the district.

(2) Upward expansion of a nonconforming structure over the existing footprint and under the height limit shall be permitted within the required setbacks from streets, water bodies, tributary streams or wetlands. If any portion of such a nonconforming structure is less than the required setback from a water body, tributary stream or wetland, that portion of the structure may be expanded in floor area or volume by no more than 30% of that which existed on January 1, 1989.

[Amended 4-18-1998]

D. A nonconforming structure may be replaced, provided that:

(1) If it was destroyed by fire, flood or other casualty, the reconstruction or replacement work is initiated within 24 months of the original destruction;

(2) If the structure is to be removed and replaced, a building permit is obtained prior to the removal of the nonconforming structure; and

(3) The new structure is constructed so that the previously existing nonconformities are not increased, except that a nonconforming structure which was less than the required setback from a water body, tributary stream or wetland and which is removed, damaged or destroyed by more than 75% of its market value may be reconstructed or replaced provided the reconstruction or replacement is in compliance with the required setback from a water body, tributary stream or wetland to the greatest practical extent as determined by the Zoning Board of Appeals. In determining whether the building construction or replacement meets the required setback from a water body, tributary stream or wetland to the greatest practical extent the Board shall consider the criteria in Subsection E and the physical condition and type of foundation present, if any.

E. A nonconforming structure may be relocated upon the lot on which the structure is now located if the relocated structure conforms to all setback requirements to the greatest practical extent as determined by the Zoning Board of Appeals. In no case shall the encroachments into the required setbacks be increased in area or in distance. In determining whether the building relocation meets the setbacks to the greatest practical extent, the Zoning Board of Appeals shall consider the size of the lot, the slope of the land, the potential for soil erosion, the location of other structures on the lot and on adjacent lots, the location of the septic system and other on-site soils suitable for septic systems and the type and amount of vegetation to be removed.

F. A nonconforming structure which does not comply with the required setback from the edge of any street right-of-way may expand horizontally within that required setback, provided that:

(1) The proposed expansion is no closer to the edge of any street right-of-way than the nonconforming structure;

(2) The proposed expansion is at least 10 feet from the edge of any street right-of-way;

(3) If the proposed expansion is within 20 feet of the edge of any street right-of-way, it may not exceed the height of the part of the nonconforming structure located within the required setback from the street right-of-way;

(4) The proposed expansion does not encroach into any other required setback;

(5) Within the required setback from a street right-of-way, the total of the setbacks from both lot lines which intersect the street right-of-way shall be equal to at least three times the required setback from one lot line;

(6) The proposed expansion does not impair the vision along the street or from any roads entering the street. A proposed expansion shall not reduce the minimum sight distance below a distance of 10 feet for every mile per hour of posted speed limit on the street. Sight distances shall be measured from the driver's seat of a vehicle that is 10 feet behind the curb or edge of shoulder line with the height of the eye 3.5 feet above the pavement to an object having a height of object 4.25 feet located within any travel lane in the street; and

(7) The proposed expansion does not increase the ground area within the setback covered by the part of the structure existing on January 1, 1994, by more than 200%.

G. Egress.

[Added 4-18-1998]

(1) The following types of means of egress shall be exempt from the dimensional requirements of this chapter if all of the conditions of Subsection G(2), (3) and (4) are met:

(a) The construction of a means of egress on a structure that is required by the Building Code of the Town of Wells;[1] or

[Amended 6-10-2014]

[1] Editor's Note: See Ch. 91, Art. II, Adoption of Building Code.

(b) The expansion of a stairway which is legally nonconforming with regard to space and bulk requirements solely to conform to the Building Code as adopted by the Town of Wells.

(2) The use or structure was legally in existence on April 25, 1998. Means of egress or access serving structures constructed after April 25, 1998, shall conform to the dimensional requirements of this chapter, except as specified below in Subsection G(5).

[Amended 6-10-2014]

(3) The requested stairway or ramp is, dimensionally, the minimum structure that will satisfy the Town of Wells Building Code.

(4) Due to the physical features of the lot or location of structures on the lot, it would not be practical to construct the proposed stairway or ramp in conformance with applicable dimensional requirements.

(5) Notwithstanding 5 M.R.S.A. § 4353 or this subsection, the Code Enforcement Officer may issue a permit to an owner of a dwelling,or a resident of the dwelling with written owner permission, for the purpose of making a dwelling accessible to a person with a disability who resides in the dwelling. If the permit requires a variance, the permit is deemed to include that variances solely for the installation of equipment or the construction of structures necessary for access to or egress from the dwelling for the person with a disability. The Code Enforcement Officer shall impose conditions on the permit, including limiting the permit to the duration of the disability or to the time that the person with a disability lives in the dwelling. The structures or equipment requiring a variance shall be removed within 12 months of the person with a disability vacating the dwelling.

[Added 6-10-2014]

(a) For the purposes of this subsection, the term "structure is necessary for access to or egress from the dwelling" includes ramps and associated railing, walls or roof systems necessary for the safety or effectiveness of the ramps.

(b) For the purpose of this subsection, "disability" has the same meaning as physical or mental disability under 5 M.R.S.A. § 4553-A.

§ 145-14 Nonconforming lots.

A. A nonconforming lot of record may be built upon, without obtaining a variance, if new structures or additions to existing structures meet all the requirements of this chapter and the lot conforms to all the provisions of this chapter except for the minimum lot size and/or minimum street and shore frontage requirements.

B. On a nonconforming lot of record which has less than 75% of the required street frontage, the required setback from lot lines which intersect the street(s) may be reduced by 25%, but in no case shall the setback be reduced to less than 10 feet.

§ 145-15 Nonconforming developments.

A. A nonconforming development is permitted to continue and to expand in any manner which does not increase the nonconforming aspect(s) of the development if it conforms to all other requirements of this chapter.

B. A development existing on April 1, 2000, which is nonconforming as to the floor area requirements of § 145-26C may expand the floor area by as much as 25% provided all other applicable requirements of this chapter are met.

[Added 4-14-2000]