[Amended 11-4-2008, effective
4-1-2009]
A. Continuance, expansion, reconstruction. It is the intent of this
chapter to promote land use conformities. Any use of land, or any
building, structure, or parts thereof, legally existing at the time
of the adoption of this chapter, or at the time a zone or regulation
is changed by amendment hereafter, which does not conform to the use
requirements of this chapter, or its amendments, may continue but
may not be expanded, reconstructed, structurally altered, or permitted
to become more nonconforming in any way, except as specified below.
B. Transfer of ownership. Ownership of lots, structures and uses which
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.
C. Maintenance and repairs. This chapter allows, without a permit, the
normal upkeep and maintenance of nonconforming uses and structures;
repairs, renovations, or modernizations which do not involve expansion
of the nonconforming use or nonconforming portion of a structure;
and such other changes in a nonconforming use or structure as federal,
state, or local building and safety codes may require. A building
permit is not required for painting or general maintenance, provided
there are no repairs or replacement of structural components. Check
with the Code Enforcement Office if your project is questionable.
[Amended 6-12-2012; 6-12-2018]
[Amended 11-4-2008, effective
4-1-2009]
A. Nonconforming use defined. A use of land, building, premises, or
structure or parts thereof, lawfully existing at the time of adoption
or amendment of this chapter, that is not permitted in the district
in which it is located, which is allowed solely because it was in
lawful existence at the time this chapter or subsequent amendment
took effect.
[Amended 6-8-2021 ATM by Art.
9]
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or which is superseded by a conforming use, may not again be devoted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, even if the owner had not intended to abandon
the use; except, however, the Planning Board may, for good cause shown
by the applicant, grant up to a one-year extension to that time period.
The burden of proof shall be upon the property owner, who must provide
the Town with sales tax, licensing, advertising or other business
records, should a dispute arise over whether a nonconforming use has
been discontinued. 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.
[Amended 6-12-2012]
C. Nonconforming use of part of a building. A nonconforming use of part
of a building or structure shall 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.
D. A structure nonconforming as to use. Except for single-family dwellings, a structure nonconforming as to use shall not be enlarged unless the nonconforming use is terminated. Within any 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 §
225-3.3H(1) below.
E. Nonconforming use of land. A nonconforming use of land may not be
extended into any part of the remainder of a lot of land. A nonconforming
use of land which is accessory to a nonconforming use of a building
shall be discontinued at the same time the nonconforming use of the
building is discontinued.
F. Change of use. A legally 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 impact of the former use as determined by the Planning Board. The determination of appropriateness shall require written findings on 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 Articles 8 and 9 of this chapter shall apply to such requests to establish new nonconforming uses. In addition, within any Shoreland Zone, the determination of no greater adverse impact shall be made according to criteria listed in §
225-3.3H(4) below.
[Amended 4-5-2005; 11-4-2008, effective 4-1-2009]
A. Nonconforming lot defined. A lot which lawfully existed at the effective
date of adoption or amendment of this chapter and does not meet the
area, frontage or width requirements of the district in which it is
located.
B. Vacant lots. A nonconforming vacant lot 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 minimum lot area, minimum net
residential area per dwelling unit, shore frontage, and street frontage
can be met. Variance of yard or other requirements not involving minimum
lot area, minimum net residential area per dwelling unit, shore frontage
or street frontage shall be obtained only by action of the Board of
Appeals.
[Amended 6-8-2021 ATM by Art.
9]
C. Built lots. A legally nonconforming lot which does not meet the lot area or street frontage requirements, or both, that was built upon prior to the enactment or subsequent amendment of this chapter is subject to the following restrictions. The structure(s) or use(s) on such lot may be repaired, maintained, improved, enlarged, changed or relocated only in conformity with all other dimensional requirements of this chapter besides those requirements of lot area or street frontage which made the lot nonconforming. If the proposed changes or enlargement of such structure(s) cannot meet the dimensional requirements of this chapter besides lot area or street frontage, a variance must be obtained from the Board of Appeals in accordance with §
225-5.2B prior to any approval process.
D. "Improved" lots in subdivisions. For purposes of this section, lots
shown on a subdivision plan approved by the Planning Board and recorded
in the Registry of Deeds shall not be treated as lots held in common
ownership if the owner or his predecessor has substantially improved
each lot by the paving of streets and the installation, where available,
of public sewer and of utility services.
E. Contiguous built lots. If two or more contiguous lots or parcels
are in single or joint ownership of record at the time of adoption
or amendment 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 (if not
served by public sewer) the State of Maine Subsurface Wastewater Disposal
Rules are complied with.
F. Contiguous lots: vacant or partially built.
(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.
(2)
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 of this chapter and recorded in the
Registry of Deeds if the lot is served by a public sewer or can accommodate
a subsurface wastewater disposal system in conformance with the State
of Maine Subsurface Wastewater Disposal Rules and:
(a)
Each lot contains at least 100 feet of shore frontage and at
least 20,000 square feet of lot area; or
(b)
Any lots that do not meet the frontage and lot size requirements of Subsection
F(2)(a) are reconfigured or combined so that each new lot contains at least 100 feet of shore frontage and 20,000 square feet of lot area.
G. Functional division of a nonconforming lot with two or more single-family
dwellings. If two or more year-round single-family houses existed
on a single lot of record as of September 23, 1971, each may be sold
on a separate lot, subject to review and approval by the Planning
Board, provided that each resulting lot shall:
(1)
Be as conforming as possible to the dimensional requirements
of this chapter;
(2)
Be at least 20,000 square feet if served by an on-site subsurface
wastewater disposal system; and
(3)
Be served by a public water supply system unless an on-site
water well can meet all state and municipal requirements.
[Amended 6-12-2012]
With the rapid expansion of transient accommodation Type 4 uses
in recent years, hotels and motels now take up a disproportionate
share of the Town's land area. To promote the health, safety and welfare
of Ogunquit citizens, to comply with the most recent amendments to
the Comprehensive Plan adopted in 2004, to mitigate parking, traffic
and congestion problems, and to preserve community quality, hotels
and motels are no longer permitted uses in the Town of Ogunquit, except
in the General Business District 2 (GB2). Any TA-4 motel/hotel use
outside of the GB2 District, legally existing at the time of the adoption
or amendment of this chapter, may continue but shall only be permitted
to expand, be reconstructed or be structurally altered within the
owner's lot of record or contiguous lots of record in a manner that
meets all of the following criteria:
A. The expansion, reconstruction or structural alteration shall be subject to a site plan review and shall meet all the current standards of this chapter, including all provisions of §
225-9.8, Transient accommodation Type 4 – motel/hotel (TA-4).
B. The expansion, reconstruction or structural alteration shall be accessory
to the TA-4 use.
C. The expansion, reconstruction or structural alteration shall not
increase the overall number of individual guest accommodations. Enlargements
of individual guest accommodations shall be permitted.
D. The expansion, reconstruction or structural alteration involving
a TA-4 use shall only be utilized for an accessory use that serves
the patrons at the facility, such as a laundry room, pool or fitness
center.
E. Expansion of restaurant, retail, or office uses located on a property
with an existing, nonconforming TA-4 use shall not be considered an
expansion of the TA-4 use and shall be allowable in those districts
indicated in Table 702.1 with site plan review, and subject to the all provisions
of this chapter, including, but not limited to, parking requirements.
[Amended 4-1-2006]
Nonconforming use rights cannot arise by the mere filing of
a notice of intent to build, an application for Planning Board subdivision,
site plan review, or design review approval, an application for required
building permits, or an application for required state permits and
approvals. Such rights arise only when a complete application for
a building permit has been filed with the Code Enforcement Officer
or, in the case of an application pending before the Planning Board,
the Board has found the application complete.