A.
Notwithstanding the provisions of § 125-32 of this chapter, structures not in conformance with the setback provisions of this chapter, and built on or before 7 August 1980 on lots in existence on or before that date, shall not be required to meet the setback provisions of this chapter, when adding to the nonconforming portion(s) of those structures, providing all of the following conditions are met.
(1)
It is not possible to make the addition to the structure within the
setback required by this chapter because of the existing nonconformity.
(2)
The addition will not cause hazardous diminution of traffic sight lines; will not cause erosion or drainage problems; will not block the light of a neighboring property; will be in conformity with § 125-15 of this chapter.
(3)
The applicant shall notify abutting property owners by certified
mail, at least seven days before the application is to be considered
by the Planning Board, of the applicant’s intentions by sending
a letter providing a brief description of the project, along with
time, date, and place of the Planning Board hearing and that a complete
application is on file at the Town Office for review. The applicant
shall provide the Planning Board with an exact copy of the letter
that was sent by certified mail to the abutters, along with a copy
of the certified mail receipts.
[Amended 6-6-2012]
(4)
Additions or expansions to the nonconforming portion(s) of a nonconforming
structure or facility located less than 75 feet, horizontal distance,
from the normal high-water line of a body of water, tributary stream
or from the upland edge of a nonforested wetland, or 100 feet from
the normal high-water line of the Meadow Pond, or less than 15 feet
from a lot line, or less than 50 feet from the center of a road may
be made, provided that such additions or expansions shall not, during
the lifetime of the structure or facility, exceed 30% of the ground
floor area or volume of the nonconforming portion of the structure
or facility at the time it became nonconforming and shall not decrease
the existing setback of said portion(s).
[Amended 6-6-2012]
(a)
The term "ground floor area" in this context shall mean only
the area of the nonconforming portion of the ground floor, i.e., the
footprint of the nonconforming structure or facility including decks
and porches, but not stairs or steps.
(b)
The addition or expansion may not infringe on any additional
setback not already encroached nor may the addition or expansion be
expanded toward the water or a wetland.
(c)
In cases where the structure is nonconforming because it does
not meet two or more setback requirements, the addition or expansion
within each setback shall be limited to 30% of the nonconforming area
or volume with respect to that setback.
(5)
Construction or expansion of a foundation of an existing structure
shall not constitute an extension of the structure, provided that
the completed foundation does not extend beyond the exterior dimensions
of the structure and does not cause the structure to be elevated more
than three feet.
B.
Notwithstanding the provisions of § 125-32 of this chapter, uses, structures, buildings, and facilities which, as a result of operational necessity, cannot meet the setback requirements of this chapter may be permitted. Such operational necessities include, but are not limited to, driveways, utility poles and underground utilities, surface drainage facilities, steps and walkways. Handicap access facilities are considered operational necessities for the purpose of this chapter; provided, however, that they shall be removed or modified so as to comply within one year with applicable setback requirements after the disability ceases or the person with the disability ceases to use or occupy the structure on a regular basis.
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Note: A structure or use which otherwise conforms to the provisions
of this chapter, located on a nonconforming lot, shall be considered
a conforming structure or use.
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Nonconforming structures may be relocated within the parcel
on which they are located, provided that they meet the following criteria:
A.
The relocated structure can use an existing subsurface sewage disposal
system or replacement system which will not increase the nonconformity
of the existing system.
B.
The relocation will not increase the potential for soil erosion or
require excess removal of vegetation.
C.
The area from which the structure was removed will be revegetated
with vegetation appropriate to the parcel.
A.
Nonconforming structures located in the Rural Protection District
which are damaged or destroyed may be repaired or replaced if application
for a permit is submitted to the Planning Board within two years of
the date of the damage or destruction, provided that the following
provisions are met:
(1)
Replacement or reconstruction will not increase the nonconformity
that existed prior to the damage or destruction.
(2)
If the damage or destruction is such that the structure is not capable
of being rebuilt on the existing foundations, the applicant shall
relocate or reconstruct the structure to meet the setback requirements
or to reduce the previous nonconformity to the greatest practical
extent as determined by the Planning Board in accordance with the
purposes of this chapter.
B.
Nonconforming structures located in all districts other than the
Rural Protection District which are damaged or destroyed by more than
50% of their assessed value before being damaged or destroyed may
be replaced or reconstructed, provided that application for a permit
is submitted to the Planning Board within one year of the date of
the damage or destruction subject to the following provisions:
(1)
The reconstruction or replacement is in compliance with all setback
requirements to the greatest practical extent as determined by the
Planning Board. The Planning Board will consider the following criteria
to determine compliance of the setback requirements to the greatest
practical extent:
(a)
The size of the lot;
(b)
The slope of the land;
(c)
The potential for soil erosion and sedimentation;
(d)
The location of other structures on the lot and adjacent lots;
(e)
The location of the existing subsurface sewage disposal system
and other on-site soils suitable for subsurface sewage disposal systems;
(f)
The type and amount of vegetation to be removed to accomplish
replacement or reconstruction;
(g)
The physical condition and type of foundation present, if any.
(2)
There is no increase in nonconformity.
C.
Nonconforming structures in any district other than the Rural Protection
District which are damaged or destroyed by less than 50% of market
value before such damage or destruction may be repaired or reconstructed
in place upon approval and issuance of a permit by the Planning Board.
D.
A nonconforming structure that conforms to the setback from the shore
or a wetland which is damaged or destroyed and is capable of being
rebuilt on the existing foundations may be repaired or reconstructed
in place, upon approval and issuance of a permit by the Planning Board.
A.
Change of use of nonconforming structures in all districts is prohibited
without a permit from the Planning Board.
B.
The Planning Board shall grant a permit for change of use of a nonconforming
structure if it determines that change will:
(1)
Meet all the requirements of the ordinances of the Town of Islesboro
and laws and regulations of the State of Maine;
(2)
Not have an adverse effect on public health and safety;
(3)
Not cause erosion and sedimentation;
(4)
Not degrade water quality;
(5)
Not harm fish and wildlife habitat;
(6)
Not cause degrading of air quality;
(7)
Not cause undue noise;
(8)
Not interfere with visual and actual points of public access to waters
or adversely affect areas of natural beauty.
A.
Expansion of nonconforming uses is prohibited, except that nonconforming residential uses may be expanded within residential structures or as provided for in § 125-36A.
B.
Resumption of a nonconforming use which has been discontinued for
more than one year is prohibited except that, on good cause shown
by the applicant, the Planning Board may grant an extension of up
to one year to that time. This prohibition shall not apply to the
resumption of use of a residential structure, provided that structure
had been maintained or used for residential purposes during the preceding
five years.
C.
A nonconforming use may not be changed to another nonconforming use.
[Amended 6-6-2012]
If two or more contiguous lots or parcels were in single or
joint ownership of record on March 23, 1985, and if any of these lots
is less than one acre in size, and if one or more of the lots is vacant
or contains no principal structure, the lots shall be combined to
the extent necessary to create a lot of at least one acre.
A.
If two
or more contiguous lots or parcels were in single or joint ownership
of record on March 23, 1985, and if all or part of the lots do not
meet the dimensional requirements of this chapter, and if a principal
use or structure exists on each lot, the nonconforming lots may be
conveyed separately or together, provided that the State Subsurface
Wastewater Disposal Rules are complied with and the minimum lot size
is not less than one acre.
[Amended 6-6-2012]
B.
If two
or more principal uses or structures existed on a single lot of record
on March 23, 1985, each may be sold on a separate lot, provided that
the above-referenced rules and minimum lot size are complied with.
When such lots are divided, each lot thus created must be as conforming
as possible to the dimensional requirements of this chapter.
A nonconforming lot of record as of March 23, 1985, may be built
upon, 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 chapter 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.
On a nonconforming lot of record on which only a residential
structure exists, and it is not possible to place an accessory structure
meeting the required water body, tributary stream or wetland setbacks,
the Codes Enforcement Officer may issue a permit to place a single
accessory structure, with no utilities, for the storage of yard tools
and similar equipment. Such accessory structure shall not exceed 80
square feet in area nor eight feet in height and shall be located
as far from the shoreline or tributary stream as practical and shall
meet all other applicable standards, including lot coverage and vegetation-clearing
limitations. In no case shall the structure be located closer to the
shoreline or tributary stream than the principal structure.
