[Amended 3-28-2009 ATM by Art. 21]
It is the intent of this article to promote
land use conformities, except that nonconforming conditions that legally
existed before the effective date of this chapter, or any amendment
thereto, shall be allowed to continue, subject to the requirements
set forth in this article. Except as otherwise provided in this ordinance,
a nonconforming condition shall not be permitted to become more nonconforming.
[Amended 3-28-2009 ATM by Art. 21]
A. Nonconforming lots - generally. A nonconforming lot
of record as of the effective date of this ordinance 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 ordinance
except lot area, lot width, frontage 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 Appeals.
B. Contiguous built-upon lots.
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If two or more contiguous lots or parcels are
in a single or joint ownership of record at the time of adoption or
amendment of this chapter; 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 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.
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If two or more principal uses or structures
existed on a single lot of record on the effective date of this ordinance,
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 ordinance.
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C. Contiguous lots; vacant or partially built upon.
(1) 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 is vacant or contains no principal
structure, the lots shall be combined to the extent necessary to meet
the dimensional requirements.
[Amended 3-9-2007 ATM by Art. 25; 3-28-2009 ATM by Art. 21]
A. 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 even if the owner has not intended
to abandon the 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.
B. Structures nonconforming as to use. A building or structure, nonconforming as to use, may not be enlarged unless the nonconforming use is terminated. A nonconforming use of part of a building or structure may not be extended throughout other parts of the building or structure unless those parts of the building or structure were manifestly arranged or designed for such use prior to the adoption of this chapter or of any amendment making such use nonconforming. Notwithstanding the above provisions, in the Shoreland Zone, 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 §
160-26A above.
C. Change of use.
[Amended 3-9-2007 ATM by Art. 25]
(1) An existing nonconforming use may be changed to another nonconforming use, provided that the proposed use is equally or more appropriate to the district than the existing nonconforming use, and the impact on the subject or adjacent properties, and any water body, tributary stream, or wetland, is either equivalent to or less adverse than the impact of the former use, as determined by the Planning Board. Within the Shoreland Zone, the determination of no greater adverse impact shall be made according to criteria listed in Subsection
C(3) below.
(2) In determining that equal or no greater adverse impact will occur, the Planning Board will require written documentation from the applicant regarding the probable changes in traffic (volume and type), parking, noise, potential for litter, wastes or by-products, fumes, odors, or other nuisances likely to result from such change of use. The performance standards in Article
XVII of this chapter apply to such requests to establish new nonconforming uses.
(3) Within the Shoreland Zone, the Planning Board, in
determining that no greater adverse impact will occur, shall base
its determination upon 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 functionally
water-dependent uses.
D. Nonconforming use of land.
(1) A nonconforming use of land may not be extended into
any part of the remainder of a lot of land.
(2) A nonconforming use of land which is incidental to
or accessory to a nonconforming use of a principal building may not
be continued if the nonconforming use of the principal building is
discontinued.
(3) In the case of earth removal operations, the removal
of earth may not be extended as a nonconforming use beyond the required
setback lines of the specific parcel upon which such operations were
in progress when such use became nonconforming. Adjacent parcels in
the same or different ownership are not eligible for exemption under
the nonconforming use provisions unless earth removal operations were
in progress on these parcels before these provisions were enacted.
A use which is nonconforming as to general performance standards in Article
XVII, specific performance standards in Article
XVIII, or any other site development requirement, including, but not limited to, parking spaces, access control, loading spaces, screening, erosion and sedimentation control, lighting, hours of operation, and noise, may continue but may not be expanded, the structure may not be enlarged, and the structure may not be altered to expand the use, unless all nonconforming performance standards and the site development are brought into conformance with this chapter.
Nonconforming use rights cannot arise by the
mere filing of a notice of intent to build, an application for building
permits, or an application for required state permits and approvals.
Such rights usually arise when actual construction has begun, or,
in the case of pending applications, when the review process on a
complete application commences. Such construction must be legal at
the time it is commenced, and the owner must be in possession of and
in compliance with all validly issued permits, both state and local.