Town of Casco, ME Article 3 General Provisions

§ 215-3.1 General restrictions.

[Amended 9-28-1991 by Arts. 12 and 13; 6-20-1998 by Art. 70]

A. Except as otherwise provided for in § 215-3.2, no building shall hereafter be used or occupied and no building or part thereof shall be erected, moved or structurally altered unless it is in conformity with the standards of the district within which it is located and is in conformity with all other provisions of this chapter.

B. No part of a yard or other open space around any building required by this chapter shall be included as part of a yard or other open space similarly required for another building.

C. Except in accordance with provisions for planned residential development and the density bonus for affordable housing, no lot shall be changed in space standards after the enactment of this chapter so as to reduce the space standards of any lot below the minimums imposed by this chapter or so as to create any lot which fails to meet the minimum space standards established by this chapter.

D. If more than one residential dwelling unit is constructed on a single lot or parcel in any district except for Commercial, all dimensional requirements for that district shall be met for each additional dwelling unit.

E. If one residential and one commercial structure, or two or more commercial structures, are sited on a single lot or parcel in the Commercial District, all dimensional requirements for the Commercial District shall be met.

F. No structure shall project into any minimum front, side, rear or shore setback, including structures that are attached or unattached to principal structures, structures that are open or enclosed, as well as porches, carports, balconies, decks or any platforms above normal grade level.

G. The use of any building, structure or land shall comply with the performance standards of this chapter, except as provided for in § 215-3.2. The Code Enforcement Officer, when reviewing applications for permits required by law, shall determine if that use complies with all performance standards applicable.

H. When a lot is transected by a zoning district boundary, the standards set forth in this chapter for each district shall apply to the area of the lot in each district.

I. Excavation or filling shall be permitted in any district only to the extent such activities are necessary for and incidental to any permitted use or other lawful use.

J. No building or structure that is not a dwelling unit as defined in this chapter shall be used as a residence.

§ 215-3.2 Nonconformance.

A. General provisions.

(1) Continuance. The lawful use of any building, structure or land that is made nonconforming by reason of the enactment of this chapter, or which shall be made nonconforming by reason of a subsequent amendment, may be continued, subject to the provisions below.

(2) Transfer of ownership. Ownership of lots, structures and uses that remain lawful but become nonconforming by the adoption or amendment of this chapter 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.

(3) Vested rights. Nothing in this chapter shall require any change in the plans, construction, or structure, or part thereof, for which a building permit has been issued, provided construction starts within 60 days of the issuance of said permit.

B. Nonconforming uses.

(1) Nonconforming use defined. A nonconforming use is any use of premises which is not permitted within the district in which it is situated but is allowed to remain because it was in lawful existence at the time this chapter was enacted or subsequent amendment took place.

(2) Repairs and alteration. A building or structure devoted to a nonconforming use may be repaired, maintained or improved, provided that the number of square feet of floor area devoted to the nonconforming use is not increased except in accordance with the provisions of this section.

(3) Abandonment. A nonconforming, nonresidential use of a building, structure or land shall be considered abandoned if the building or structure or use remains vacant for a period of 12 months. Subsequent use shall conform to the regulations specified in this chapter for the district in which it is located. If a nonconforming use of a building, structure or land is superseded by a permitted use, the nonconforming use of a building, structure or land shall not thereafter be resumed.

[Amended 3-9-1991 by Art. 137]

(4) Change of use. A nonconforming use of a building, structure or land may be changed to another nonconforming use only when the impact of the new use on adjacent properties and upon the Town is less adverse than the impact of the former use, as judged by the Appeals Board. Change of use of buildings or structure also requires Planning Board site plan review. Once the use has been changed by permission of the Appeals Board, the former nonconforming use shall be considered abandoned.

(5) Extension of nonconforming use. A nonconforming use of part of a building or structure may be extended throughout other parts of a building or structure with site plan review.

[Amended 3-9-1991 by Art. 138]

(6) Expansion of nonconforming use. One-time expansions of nonconforming nonresidential uses up to 25% of the gross floor area shall be allowed if the expansion meets the criteria of site plan review and if an increase in the number of nonconforming uses does not result. In cases of undue hardship, the Appeals Board may grant variances for expansions above 25%.

[Amended 3-9-1991 by Art. 139]

(7) Extensions of residential uses. Any nonconforming residential use of a building outside of the Shoreland District may be extended or expanded provided that said extension or expansion is in compliance with the space standards and other provisions of this chapter.

C. Nonconforming structures.

(1) Nonconforming structure defined. A nonconforming structure is any structure that does not meet one or more of the space standards of this chapter. It is allowed solely because it was permitted at the time of adoption of this chapter or subsequent amendments.

(2) Expansion. A nonconforming structure may be repaired, maintained or improved but shall not be expanded, enlarged or increased unless such expansion or enlarged portion complies with the other space standards of this chapter. Expansions of nonconforming structures within the Shoreland District must comply with § 215-9.12C in Article 9 of this chapter.

(3) Destroyed or demolished nonconforming structures. Any nonconforming structure which is located less than the required setback from any property line and which is removed or damaged or destroyed 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 one year of the date of said damage, destruction or removal, and provided that such reconstruction or replacement is in compliance with the nonconforming setback requirement to the greatest practical extent as determined by the Code Enforcement Officer in accordance with the purposes of this chapter. In no case shall a structure be reconstructed or replaced so as to increase its nonconformity or to create any new nonconformity. If a permit for reconstruction or replacement is not obtained within one year of the date of the damage, destruction or removal, any later building or structure shall conform to the space standards of this chapter, unless a variance is granted by the Appeals Board.[1]

[Amended 3-9-1991 by Art. 140; 6-16-2001 by Art. 69]

[1] Editor's Note: Original § 3.2.4, Shoreland Districts, which immediately followed this subsection, was deleted as superseded by Art. 9, Shoreland Zoning, adopted 6-10-2009. Section 3.2.4 was previously amended 3-9-1991 by Arts. 141 to 144 and 6-19-1993 by Art. 63.

D. Nonconforming lots of record.

[Amended 5-31-1989 by Art. 3; 3-9-1991 by Arts. 145 and 146; 6-18-1994 by Art. 66]

(1) A single lot of record which, at the effective date of this chapter, does not meet the minimum lot size or minimum road or shore frontage requirement may be built upon without a variance, provided that such lot is in separate ownership and not contiguous with any other lot in the same ownership and provided further that all other provisions of this chapter are met.

(2) If two or more contiguous lots or parcels are in single or joint ownership of record at the time of the adoption of this chapter, or any time thereafter, and if any of said lots or parcels does not individually meet the dimensional requirements of this chapter or subsequent amendments, and if one or more of the lots are vacant or contain only an accessory structure, the lots or parcels shall be combined to the extent necessary to meet all dimensional standards. This Subsection D(2) is intended to apply to all lots whether shown on an approved and recorded plan or not.

§ 215-3.3 Changes and amendments.

This chapter may be amended and its regulations, boundaries, district classifications and standards changed according to the following procedures:

A. Amendments or changes may be initiated by the Planning Board, the Selectboard, or by a written petition of at least 10% of votes cast in the municipality in the last gubernatorial election.

B. No request for amendments or changes shall be referred to the Selectboard for inclusion on the Town Meeting warrant until the Planning Board has held a public hearing on that request, notice of which shall be at least 10 days prior to such hearing in a newspaper of general circulation in the Town of Casco and to all abutters of the affected property if a zoning change is being considered.

C. An amendment to this chapter may be adopted by a majority vote at the Town Meeting.[1]

[1] Editor's Note: Original Subsection D of this section, which immediately followed this subsection and dealt with amendments to the Shoreland District, was deleted as superseded by Art. 9, Shoreland Zoning, adopted 6-10-2009.

D. The Federal Insurance Administration and State Planning Office shall be notified before floodplain management regulations are amended based on modified data reflecting natural or man-made changes.

§ 215-3.4 Contract zoning.

[Added 9-28-1991 by Art. 8; amended 6-20-1992 by Art. 62; 1-9-1993 by Art. 5; 1-8-1994 by Art. 6]

A. Authority. Subject to conditions and/or restrictions and in accordance with the State of Maine planning and land use laws, 30-A M.R.S.A. § 4352, Subsection 8, property in the Town of Casco may be rezoned by a process known as "contract zoning."

[Amended 6-14-2017 by Art. 27]

B. Purpose. This chapter and the Comprehensive Plan provide for the orderly development and use of property. However, situations may arise where the unusual nature or unique location of a project or a proposed use of property cannot be accommodated under this chapter. Traditional procedures such as the granting of variances for dealing with the incompatibility may also prove to be inappropriate. In these special situations, more flexible and adaptable zoning methods may permit a project or use of property without, at the same time, compromising the intent of either this chapter or the Comprehensive Plan.

(1) A contract zone, as defined by state statute, provides for property to be rezoned in order to accommodate an owner's intended use or development when zoning ordinance requirements cannot be met.

(2) A contract zone, when approved, represents a deviation from Town of Casco zoning standards and, as such, is subject to the conditions established in the contract agreement and is an amendment to this chapter. In its consideration of a request for contract zoning, the Town of Casco, in agreement with a property owner, may find it necessary or appropriate to grant or impose certain conditions or restrictions upon the rezoned property that do not apply to other properties in Casco. Contract zoning shall adhere as closely as possible to zoning requirements and permitted use standards of the zoning district in which the property to be rezoned lies.

C. Procedure.

(1) Initiation of request for contract zone with the Code Enforcement Officer. An applicant, planning a project, shall first consult with the Casco Code Enforcement Officer (CEO) to determine whether, in the opinion of the CEO, the proposal is consistent with the provisions of this chapter and the Comprehensive Plan.

(a) If the proposal satisfies the objectives of the Town of Casco Comprehensive Plan but does not meet the requirements of this chapter, the applicant may initiate a contract zoning request.

(b) If, in the opinion of the CEO, the proposed project is nonconforming with respect to both this chapter and the Casco Comprehensive Plan, the CEO may recommend that the applicant revise the proposal for acceptability under the governing documents.

(c) If, in the opinion of the CEO, it is unclear whether the proposal falls within the contract zoning provisions, he may suggest that the applicant seek a preapplication conference with the Planning Board.

(d) If the CEO finds the proposal suitable for contract zoning, the applicant shall draw up a preliminary proposal indicating the nature, scope, and location of the proposed project. This document shall be presented to the Planning Board as an application for contract zoning.

(2) Application to the Planning Board.

(a) The Planning Board Secretary shall schedule the application on the Planning Board agenda upon receipt of the appropriate fees.

(b) The Town Clerk's office shall post notice of the date, time, and place of the Planning Board meeting at least 14 days prior to the Planning Board meeting and shall publish notice in a newspaper of general circulation within the Town at least two times. The date of first publication shall be at least 10 days prior to the Planning Board meeting.

(c) In addition, at least 10 calendar days prior to the Planning Board meeting, the applicant shall notify property owners within 500 feet of the property lines of the proposed contract zone, with proof of mailing required. Owners of properties shall be those listed in the most recent tax records of the Town of Casco. This notice shall contain information indicating the nature, scope, and location of the proposed project, as well as the Planning Board meeting information.

(d) The Planning Board shall limit review of the applicant's proposal to material relevant to the contract zoning provisions contained in this chapter.

(e) Planning Board review of the proposed project itself under the appropriate Town ordinances and state laws will proceed after approval of the contract zoning agreement at a regularly scheduled annual or semiannual Town Meeting.

[Amended 6-14-2017 by Art. 27]

(3) Review of the application by the Planning Board.

(a) In its examination to determine the suitability of a proposal for contract zoning, the Planning Board shall consider, among other factors, the following:

[1] The reason why the applicant is requesting a contract zone agreement.

[2] Compatibility with the Comprehensive Plan.

[3] The implications of the proposed project, or use of the property, for owners of surrounding properties and the neighborhood in general.

[4] The benefits and costs to the Town of Casco and the interests, safety, and general welfare of its citizens.

[5] Input, where appropriate, from Town of Casco officials, Town committees such as the Comprehensive Plan, Zoning Advisory, Conservation and Recreation Committees, and Town groups such as the Fire Department and Rescue Unit.

(b) When negotiating the terms of a contract zoning agreement, the Planning Board may consider, among other factors, the following:

[1] Limitations on the number and types of use permitted.

[2] Restrictions on the scale and density of the project.

[3] Limitations on the hours of operation.

[4] Specifications for the design, location, layout, and use of buildings and other improvements.

[5] Schedules for commencement and completion of construction.

[6] Performance guarantees securing completion and maintenance of improvements and guarantees against defects.

[7] Preservation of natural areas, including open spaces, views, and buffers.

[8] Protection of land, island, and water resources.

[9] Preservation and protection of historic and archaeological sites.

[10] Contributions toward the provision of municipal services and infrastructure required by the project.

(4) Joint review by Planning Board and Selectboard.

(a) The Planning Board, upon reaching substantial agreement with the applicant, shall initiate, within 30 days, a joint review of the proposed contract zoning agreement with the Selectboard and the applicant.

(b) The purpose of the joint review is to familiarize the Selectboard with the proposed contract zoning agreement and to give the Selectboard the opportunity to view the proposed contract zoning agreement in its role as administrator.

(c) The review shall include the determination that:

[1] The Town's interests are adequately protected and served by the proposed contract zoning agreement.

[2] The costs and benefits to the Town are reasonable.

(d) When the Planning Board and the Selectboard have reached substantial agreement on the terms and wording of the proposed contract zoning agreement, the applicant shall submit a letter confirming the applicant's substantial agreement on the terms and wording of the proposed contract zoning agreement.

(5) Continuation of Planning Board review of proposed contract zoning agreement. The Planning Board shall complete its review and take a formal vote to submit the proposed contract zoning agreement to public hearing.

(6) Public notice and hearing. The Planning Board shall schedule a public hearing no later than 30 days following its vote to submit the proposed contract zoning agreement to public hearing.

(a) Notice of this public hearing shall be posted in the Town Clerk's office at least 14 days prior to the public hearing. It shall be published in a newspaper of general circulation within the Town at least two times. The date of first publication shall be at least seven days prior to the public hearing. Notice shall also be sent to the last known address of owners whose properties abut the property to be rezoned, with proof of mailing required. This notice shall contain a copy of the proposed conditions and restrictions together with a map showing the property to be rezoned.

(b) The public hearing shall be conducted by the Planning Board Chair or Acting Chair.

(c) A taped record of the public hearing shall be made for public record.

(7) Final review by the Planning Board. Following the public hearing, the Planning Board shall review all comments and recommendations from the public hearing and make changes where deemed necessary.

(a) In this final review, the Planning Board shall determine whether the proposed contract zoning agreement:

[1] Is consistent with the Casco Comprehensive Plan.

[2] Establishes rezoned areas that are consistent with the existing and permitted uses of the original zone.

[3] Includes only such conditions and restrictions that relate to the physical development or operation of the property.

(b) If any substantive changes are made in the proposed contract zoning agreement, another public hearing shall be held. If there are no substantive changes, then, upon final approval by the Planning Board, the proposed contract zoning agreement shall be forwarded to the Selectboard.

(8) Town Meeting.

(a) The Selectboard shall then place the proposed contract zoning agreement on the warrant for the next regularly scheduled annual or semiannual Town Meeting for decision by the voters.

(b) The proposed contract zoning agreement shall require approval by the voters of the Town of Casco at a regularly scheduled annual or semiannual Town Meeting.

(c) If the contract zoning agreement is disapproved by Town Meeting vote, it may not be resubmitted for one year from the date of disapproval.

D. Administration.

(1) Zoning amendment. Upon approval of the contract zoning agreement by the Town Meeting, this chapter shall be amended to reflect the incorporation of the new zone. Conditions and restrictions pertaining to the rezoned area shall also become part of the record. The rezoned area shall be shown on the Town of Casco Zoning Map and shall be referenced in this chapter.

(2) Separability. Should any section or provision of the contract zoning provisions contained in this chapter be declared by the courts to be invalid, such decision shall not invalidate any other article, section, or provision of this chapter.

(3) Effective date of contract zoning agreement. The date of the signing of the contract zoning agreement shall occur no later than 30 days following the date of the Town Meeting at which the contract zoning agreement was approved. Subject to approval by state and federal regulatory agencies, the contract zoning agreement shall be deemed to become effective and binding when signed. Its terms, conditions and restrictions, together with this chapter, any applicable Town of Casco ordinances or regulations, and the Town of Casco Comprehensive Plan, shall thereafter govern the proposed project and/or use.

(4) Violation and termination of contract zoning agreement.

(a) If the developer is found by the CEO to be in violation of the terms of the contract zoning agreement, enforcement shall follow the procedure established in Article 6 of this chapter.

(b) If the developer does not meet the time limits prescribed by the contract zoning agreement or abandons the project, the contract zoning agreement shall become null and void. If this occurs, the property shall revert to the underlying zoning and shall be made to comply with requirements for said zone.