It is the intent of this article to promote
land use conformities, except that nonconforming conditions that existed
before the effective date of this article shall be allowed to continue,
subject to the requirements herein.
A.
Continuance. The use of land or structures lawful
at the time of adoption or subsequent amendment of this article may
continue, maintain, repair and improve, although such use does not
conform to the provisions of this article.
B.
Resumption prohibited. A lot, building or structure
in or on which a nonconforming use is discontinued for a period exceeding
one year or which is superseded by a conforming use may not again
be devoted to a nonconforming use, except that the Planning Board
may, for good cause shown by the applicant, grant up to a one-year
extension to that time period. This provision shall not apply to the
resumption of a use of a residential structure, provided that the
structure has been used or maintained for residential purposes during
the preceding five-year period. Nonuse of a legally existing nonconforming
structure shall not constitute abandonment of the structure. Conforming
use of the structure may be resumed at any time.
C.
Change of use. An existing nonconforming use may be
changed to another nonconforming use, provided that the proposed use
has no greater adverse impact on the subject and adjacent properties
and resources than the former use, as determined by the Planning Board.
The determination of no greater adverse impact shall be made according
to criteria listed in this article.
(1)
Conversion from one business to another. A change
from one type of nonconforming business to another shall be permitted,
provided that the creation of any additional parking demands as required
by the parking standards are met upon approval.
(2)
Conversion from commercial to multifamily. The conversion
of commercial structures to multifamily dwellings shall be prohibited.
(3)
Changes within 75 feet of the high-water mark and
over the water. Within 75 feet of the high-water mark and over the
water, the following shall be prohibited:
(4)
Limited Commercial/Maritime and Working Waterfront District conversion.
Within 75 feet of the high water mark and over the water, the following
shall be prohibited: The conversion of an existing permitted use to
a nonpermitted use.
[Amended 5-3-2019 by ATM
Art. 3]
D.
Expansions. Expansions of nonconforming uses are prohibited,
except that nonconforming residential uses may, after obtaining site
plan review approval from the Planning Board, be expanded within existing
residential structures or within the expansions of such structures
as permitted herein.
(1)
A nonconforming use may not be expanded 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 article (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.
(2)
A nonconforming use may not be expanded to any building
or other structure or land area other than the one(s) occupied by
such use on the effective date of this article or on the effective
date of a subsequent amendment hereto that causes such use to become
nonconforming, except when the use of the building or structure is
changed from a nonconforming to a conforming use, provided that all
dimensional requirements and filing requirements are met.
A.
Repair and maintenance. This article allows, with
or without a permit as required, the normal upkeep and maintenance
of nonconforming uses and structures, including repairs or renovations
which do not involve expansion of the nonconforming use or structure
and such other changes in a nonconforming use or structure as federal,
state or local building and safety codes may require.
B.
(Reserved)[1]
[1]
Editor's Note: Former Subsection B, Enlargements (permitted uses only), was repealed 5-3-2008 by ATM Art. 84. For current provisions, see § 170-101.7C.
C.
(Reserved)[2]
[2]
Editor's Note: Former Subsection C, Further limitation, as amended 5-6-2002 by ATM Art. 20, was repealed 5-3-2008 by ATM Art. 84. For current provisions, see § 170-101.7C.
D.
Expansion. A nonconforming structure may be added to or expanded after obtaining a permit from the Code Enforcement Officer, if such addition or expansion does not increase the nonconformity of the structure. An increase in area shall not be considered to increase the nonconformity of the structure. Lateral extensions of preexisting, nonconforming structures within a setback are not considered an increase in nonconformity, unless the extension exceeds the greater of 20 feet or 50% of the existing lateral extent. The shoreland zoning standards in Chapter 170, Article VIII, shall govern structures in the shoreland zoning setback. However, such increase shall not be permitted if it creates or increases a safety hazard.
[Amended 5-6-2002 by ATM Art. 20; 5-2-2009 by ATM Art.
96; 5-3-2013 by ATM Art. 37]
(1)
Construction or enlargement of a foundation beneath the existing structure shall not be considered an expansion of the structure, provided that the structure and new foundation are placed such that the setback requirement is met to the greatest practical extent as determined by the Planning Board, basing its decision on the criteria specified in Subsection E, below, that the completed foundation does not extend beyond the existing dimensions of the structure and that the foundation does not cause the structure to be elevated by more than three additional feet within shoreland areas.
(2)
No structure which is less than the required setback
from the high-water line of a water body, tributary stream or upland
edge of a wetland shall be expanded toward the water body, tributary
stream or wetland.
E.
Relocation.
(1)
A nonconforming structure may be relocated within
the boundaries of the parcel on which the structure is located, provided
that the site of relocation conforms to all setback requirements to
the greatest practical extent, as determined by the Planning Board,
and provided that the applicant demonstrates that the present subsurface
sewage disposal system meets the requirements of state law and the
State of Maine Subsurface Wastewater Disposal Rules (rules) or that
a new system can be installed in compliance with the laws and said
rules. In no case shall a structure be relocated in a manner that
causes the structure to be more nonconforming.
(2)
In determining whether the building relocation meets
the setback to the greatest practical extent, the Planning Board shall
consider the size of the lot, the slope of the land, the potential
for soil erosion, the location of other structures on the property
and on adjacent properties, 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 to accomplish the relocation.
F.
Reconstruction and replacement.
(1)
Non-shoreland areas. Any structure which is damaged
or destroyed shall be repaired or reconstructed in place within one
year of such damage or destruction, provided that the floor area or
volume after the repair or reconstruction is no greater than the floor
area or volume before the damage or destruction.[3]
[3]
Editor's Note: Former Subsection F(2), Shoreland areas, was repealed 5-3-2008 by ATM Art. 84. For current provisions, see § 170-101.7C.
G.
Transfer of ownership. Nonconforming structures, lots
or uses may be transferred and the new owner may continue the nonconforming
use or continue to use the nonconforming structure or lot subject
to the provisions of this article.
H.
Change of use of a nonconforming structure. The use
of a nonconforming structure may not be changed to another use unless
the Planning Board, after receiving a written application, determines
that the new use will not have a greater adverse impact on the water
body or wetland or on the subject or adjacent properties and resources
than the existing use.
(1)
In determining that no greater adverse impact will
occur, the Planning Board shall require written documentation from
the applicant, regarding the probable effects on public health and
safety, erosion and sedimentation, water quality, fish and wildlife
habitat, vegetative cover, visual and actual points of public access
to waters, natural beauty, floodplain management, archaeological and
historic resources and commercial fishing and maritime activities
and other functionally water-dependent uses.
(2)
A structure which is nonconforming as to the requirements
for off-street loading space shall not be enlarged or added to unless
off-street space is sufficiently provided to satisfy the requirements
of this article for both the addition or enlargement of the original
building or structure.
A.
Nonconforming lots. A nonconforming lot of record
as of the effective date of this article or amendment thereto may
be built upon, conveyed or transferred without the need for a variance,
provided that such lot is in separate ownership and not contiguous
with any other lot in the same ownership and that all provisions of
this article, except lot size and frontage, can be met. Variances
relating to setback or other requirements not involving lot size or
frontage shall be obtained by action of the Board of Appeals.
[Amended 6-13-2007 by STM Art. 29]
B.
Contiguous built lots. If two or more contiguous nonconforming
lots or parcels are in a single or joint ownership of record at the
time of adoption of this article, if all or part of the lots do not
meet the dimensional requirements of this article, and if a principal
use or structure exists on each lot, the nonconforming lots may be
conveyed separately or together, provided that:
C.
Contiguous lots (vacant or partially built). If two
or more contiguous nonconforming lots or parcels are in single or
joint ownership of record at the time of or since adoption or amendment
of this article, if any of these lots do not individually meet the
dimensional requirements of this article or subsequent amendments
and if one or more of the lots are vacant or contain no principal
structure, the lots shall be combined to the extent necessary to meet
the dimensional requirements.
Nothing in this article shall require any change
in the plans, construction, size or designated use of any building,
structure or part thereof for which application for a building permit
has been made or a building permit has been issued and upon which
construction lawfully commenced prior to the adoption or amendment
of this Land Use Code, provided that construction amounting to at
least 5% of the estimated cost of the structure/project shall start
within 60 days after the issuance of such permit.
Nonconforming use rights do not arise by the
mere filling of a notice of intent to build, an application for a
building permit or an application for required state permits and approvals.
Such rights arise when actual substantial construction has begun or,
in the case of pending applications, when the substantive review process
to determine complete application commences. Such construction must
be legal at the time it is commenced and the owners must be in possession
of and in compliance with all validly issued permits, both state,
federal and local.
