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Note: The provisions of this article shall apply to properties
wholly or partially located with the Shoreland Zoning District, except
to the extent they are modified by this article.
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It is the intent of this chapter to promote land use conformities,
except that nonconforming conditions that existed before the effective
date of this chapter or amendments thereto shall be allowed to continue,
subject to the requirements set forth in this article. Except as otherwise
provided in this chapter, a nonconforming condition shall not be permitted
to become more nonconforming.
A.
Transfer of ownership. Nonconforming structures, lots, and 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 chapter.
B.
Repair and maintenance. This chapter allows, without a permit, the
normal upkeep and maintenance of nonconforming uses and structures,
including repairs or renovations that 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.
The provisions of this section shall apply to properties wholly
or partially located within the Resource Protection or Shoreland Overlay
Zone, except to the extent they are modified by this section.
A.
Expansions. All new principal and accessory structures, excluding functionally water-dependent uses, must meet the water body, tributary stream, or wetland setback requirements contained in § 226-24A. A nonconforming structure may be added to or expanded after obtaining a permit from the same permitting authority as that for a new structure, if such addition or expansion does not increase the nonconformity of the structure and is in accordance with Subsection A(1) and (2) below.
(1)
Expansion of any portion of a structure within 25 feet of the normal
high-water line of a water body, tributary stream, or upland edge
of a wetland is prohibited, even if the expansion will not increase
nonconformity with the water body, tributary stream, or wetland setback
requirement. Expansion of an accessory structure that is located closer
to the normal high-water line of a water body, tributary stream, or
upland edge of a wetland than the principal structure is prohibited,
even if the expansion will not increase nonconformity with the water
body, tributary stream, or wetland setback requirement.
(2)
Notwithstanding Subsection A(1), above, if a legally existing nonconforming principal structure is entirely located less than 25 feet from the normal high-water line of a water body, tributary stream, or upland edge of a wetland, that structure may be expanded as follows, as long as all other applicable municipal land use standards are met and the expansion is not prohibited by § 226-14A.
(a)
The maximum total footprint for the principal structure may not be
expanded to a size greater than 800 square feet or 30% larger than
the footprint that existed on January 1, 1989, whichever is greater.
The maximum height of the principal structure may not be made greater
than 15 feet or the height of the existing structure, whichever is
greater.
(3)
All other legally existing nonconforming principal and accessory structures that do not meet the water body, tributary stream, or wetland setback requirements may be expanded or altered as follows, as long as other applicable municipal land use standards are met and the expansion is not prohibited by § 226-14A and A(1) above.
(a)
For structures located less than 75 feet from the normal high-water
line of a water body, tributary stream, or upland edge of a wetland,
the maximum combined total footprint for all structures may not be
expanded to a size greater than 1,000 square feet or 30% larger than
the footprint that existed on January 1, 1989, whichever is greater.
The maximum height of any structure may not be made greater than 20
feet or the height of the existing structure, whichever is greater.
(b)
For structures located less than 100 feet from the normal high-water line of a great pond classified as GPA or a river flowing to a great pond classified as GPA, the maximum combined total footprint for all structures may not be expanded to a size greater than 1,500 square feet or 30% larger than the footprint that existed on January 1, 1989, whichever is greater. The maximum height of any structure may not be made greater than 25 feet or the height of the existing structure, whichever is greater. Any portion of those structures located less than 75 feet from the normal high-water line of a water body, tributary stream, or upland edge of a wetland must meet the footprint and height limits in § 226-14A(2)(a) and A(3)(a) above.
(c)
In addition to the limitations in Subsection A(3)(a) and (b), for structures that are legally nonconforming due to their location within the Resource Protection District when located at less than 250 feet from the normal high-water line of a water body or the upland edge of a wetland, the maximum combined total footprint for all structures may not be expanded to a size greater than 1,500 square feet or 30% larger than the footprint that existed at the time the Resource Protection District was established on the lot, whichever is greater. The maximum height of any structure may not be made greater than 25 feet or the height of the existing structure, whichever is greater, except that any portion of those structures located less than 75 feet from the normal high-water line of a water body, tributary stream, or upland edge of a wetland must meet the footprint and height limits in § 226-14A(2)(a) and A(3)(a) above.
(4)
An
approved plan for expansion of a nonconforming structure must be recorded
by the applicant with the registry of deeds, within 90 days of approval.
The recorded plan must show the existing and proposed footprint of
the nonconforming structure, the existing and proposed structure height,
the footprint of any other structures on the parcel, the shoreland
zone boundary and evidence of approval by the municipal review authority.
B.
Foundations. Whenever a new, enlarged, or replacement foundation is constructed under a nonconforming structure, the structure and new foundation must be placed such that the setback requirement is met to the greatest practical extent as determined by the Planning Board or its designee, basing its decision on the criteria specified in § 226-14C below.
C.
Relocation. 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 or its designee, 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 law and said rules. In no case shall a structure be relocated in a manner that causes the structure to be more nonconforming. In determining whether the building relocation meets the setback to the greatest practical extent, the Planning Board or its designee 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. When it is necessary to remove vegetation within the water or wetland setback area in order to relocate a structure, the Planning Board shall require replanting of native vegetation to compensate for the destroyed vegetation in accordance with § 226-42. In addition, the area from which the relocated structure was removed must be replanted with vegetation. Replanting shall be required as follows:
(1)
Trees removed in order to relocate a structure must be replanted
with at least one native tree, three feet in height, for every tree
removed. If more than five trees are planted, no one species of tree
shall make up more than 50% of the number of trees planted. Replaced
trees must be planted no further from the water or wetland than the
trees that were removed. Other woody and herbaceous vegetation and
ground cover that are removed or destroyed in order to relocate a
structure must be reestablished. An area at least the same size as
the area where vegetation and/or ground cover was disturbed, damaged,
or removed must be reestablished within the setback area. The vegetation
and/or ground cover must consist of similar native vegetation and/or
ground cover to that which was disturbed, destroyed, or removed.
(2)
Where feasible, when a structure is relocated on a parcel, the original
location of the structure shall be replanted with vegetation which
may consist of grasses, shrubs, trees, or a combination thereof.
D.
Reconstruction or replacement. Any nonconforming structure which is located less than the required setback from a water body, tributary stream, or wetland and which is removed or damaged or destroyed, regardless of the cause, by more than 50% of the market value of the structure before such damage, destruction or removal may be reconstructed or replaced, provided that a permit is obtained within 18 months of the date of said damage, destruction, or removal, and provided that such reconstruction or replacement is in compliance with the water body, tributary stream or wetland setback requirement to the greatest practical extent as determined by the Planning Board or its designee in accordance with the purposes of this chapter. In no case shall a structure be reconstructed or replaced so as to increase its nonconformity. If the reconstructed or replacement structure is less than the required setback it shall not be any larger than the original structure, except as allowed pursuant to Subsection A above, as determined by the nonconforming footprint of the reconstructed or replaced structure at its new location. If the total amount of footprint of the original structure can be relocated or reconstructed beyond the required setback area, no portion of the relocated or reconstructed structure shall be replaced or constructed at less than the setback requirement for a new structure. When it is necessary to remove vegetation in order to replace or reconstruct a structure, vegetation shall be replanted in accordance with Subsection C above.
(1)
Any nonconforming structure which is located less than the required
setback from a water body, tributary stream, or wetland and which
is removed by 50% or less of the market value, or damaged or destroyed
by 50% or less of the market value, of the structure, excluding normal
maintenance and repair, may be reconstructed in place if a permit
is obtained from the Code Enforcement Officer within one year of such
damage, destruction, or removal.
(2)
In determining whether the building reconstruction or replacement
meets the setback to the greatest practical extent, the Planning Board
or its designee shall consider, in addition to the criteria in Subsection
Cabove, the physical condition and type of foundation present, if
any.
E.
Change of use of a nonconforming structure.
(1)
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 have no greater adverse impact on
the water body, tributary stream, or wetland or on the subject or
adjacent properties and resources than the existing use.
(2)
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, commercial fishing
and maritime activities, and other functionally water-dependent uses.
A.
Expansions. Expansions of nonconforming uses are prohibited, except that nonconforming residential uses may, after obtaining a permit from the Planning Board, be expanded within existing residential structures or within expansions of such structures as allowed in § 226-14A(2) above.
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.
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 § 226-14E above.
A.
A nonconforming lot of record as of the effective date of this chapter
or amendment thereto 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 area, lot width and shore frontage can be
met. Variances relating to setback or other requirements not involving
lot area, lot width or shore frontage shall be obtained by action
of the Board of Adjustment and Appeals.
B.
Contiguous built lots. If two or more contiguous lots or parcels
are in a single or joint ownership of record at the time of adoption
of this chapter, 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 Minimum Lot Size Law (12 M.R.S.A.
§§ 4807-A through 4807-D) and the State of Maine Subsurface
Wastewater Disposal Rules are complied with. If two or more principal
uses or structures existed on a single lot of record on the effective
date of this chapter, each may be sold on a separate lot, provided
that the above-referenced law and rules 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.
C.
Contiguous vacant or partially built lots. If two or more contiguous
lots or parcels are in single or joint ownership of record at the
time of or since adoption or amendment of this chapter, if any of
these lots do not individually meet the dimensional requirements of
this chapter 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. This
provision shall not apply to two or more contiguous lots, at least
one of which is nonconforming, owned by the same person or persons
on the effective date (December 10, 1991) of this chapter and recorded
in the Registry of Deeds if the lot is served by a public sewer or
can accommodate a subsurface sewage disposal system in conformance
with the State of Maine Subsurface Wastewater Disposal Rules and:
(1)
Each lot contains at least 100 feet of shore frontage and at least
20,000 square feet of lot area; or
