No structures, whether attached to the principal structure or
not and whether open or enclosed, including porches, carports, balconies,
or platforms above normal grade level, shall project beyond the setbacks
provided in this chapter.
In any district, notwithstanding limitations imposed by other
provisions of this chapter, a single lot of record at the effective
date of adoption of this chapter may be built upon subject to the
following conditions:
A. Such a lot must be in a separate and distinct ownership from adjacent
lots on said date. This provision shall apply even though such lots
fail to meet the minimum requirements for area or width, or both,
that are generally applicable in the district, provided that yard
dimensions of the lot shall conform to the requirements for the district
in which the lot is located. Variance of setback requirements shall
be obtained only through action of the Board of Adjustment and Appeals.
B. If two or more lots or combinations of lots and portions of lots
with continuous frontage are in single ownership at the time of the
passage or amendment of this chapter, and if all or part of the lots
do not meet the requirements for lot width and area as established
by this chapter, the lands involved shall be considered to be an individual
parcel for the purpose of this chapter, and no portion of said parcel
shall be used or sold which does not meet lot width and area requirements
established by this chapter, nor shall any division of the parcel
be made which leaves remaining any lot width or area below the requirements
stated in this chapter.
In any district, notwithstanding limitations imposed by other
provisions of this chapter, a lot containing at least 20,000 square
feet, or 15,000 square feet if connected to the public sewer system,
as shown on a plan of a subdivision duly approved and recorded in
the Cumberland County Registry of Deeds prior to the date of the adoption
of this chapter, and irrespective of whether said lot was in separate
and distinct ownership from adjacent lots on said date, may be built
upon, subject to the condition that said lot and proposed construction
meet the width, frontage and yard requirements contained in the Zoning
Ordinance of the Town of Cumberland which was in effect immediately
prior to the adoption of this chapter.
No lot shall be reduced in size by conveyance of a portion thereof
unless both of the following standards are met:
A. The remaining
land is in conformance with the minimum lot size provided for the
zoning district in which that land is located; and
B. The land
conveyed is in conformance with said minimum lot size or is conveyed
to the owner of the abutting property.
[Added 5-8-2023]
Notwithstanding any provision of this chapter to the contrary,
in the event that any dwelling unit in existence on or after July
1, 2023, is torn down and results in an empty lot, the lot shall not
qualify for additional dwelling units pursuant to 30-A M.R.S. § 4364-A,
as may be amended from time to time.