This chapter, and accompanying Official Zoning Maps, shall be
known as and may be cited as the "Zoning Ordinance for the Town of
Winslow, Maine" or as this "chapter."
No structure, land or water shall hereafter be used and no structure
or part thereof shall hereafter be located, erected, moved, reconstructed,
extended, enlarged, converted, or structurally altered without a building
permit except minor structures and normal repairs, and without full
compliance with the provisions of this chapter and all other applicable
local and state regulations.
If any portion of this chapter shall be held invalid, such decision
shall not affect the validity of the remaining portion thereof
The Town Council shall amend or repeal any section of this chapter
by due procedure of a public hearing held after proper notice. The
Town Clerk shall notify the State Planning Office by certified mail
of amendments to this chapter prior to the effective date of such
amendments. A file of return receipts from such mailings shall be
maintained as a permanent record.
[Amended 3-8-1999 by Ord.
No. 3-1998]
A. Any lot, structure, or use of lot or structure in conflict with this chapter is termed nonconforming and considered a nuisance except as provided in Subsection
B.
B. Nonconformance may be permitted
as explained in the following:
(1) Lot and structure.
(a) Any structure legally
in existence on March 8, 1999, may continue even if it does not conform
to this chapter, but its nonconformance may not be increased. Note:
Any lot or structure constructed, altered or reconstructed before
August 12, 1991, which does not meet current front and yard setback
requirements shall be treated as nonconforming structure and shall
not be subject to any action for violation of the provisions of this
chapter.
(b) A nonconforming structure
destroyed by disaster may be reconstructed to its original size with
respect to total square footage, volume of the structure, height,
and the original footprint of the structure within a two-year period
from the date of the disaster.
(c) A nonconforming structure
may be relocated only to improve conformance to this chapter.
(d) A nonconforming structure
and structure receiving nonconforming use may be repaired, moderately
altered and improved, provided that the existing nonconforming dimensional
requirements are not increased.
(e) A nonconforming lot legally
in existence and which was duly recorded on or before March 8, 1999,
and which does not abut one or more lots in the same ownership, may
be used and/or built upon provided that all requirements of this chapter
other than those pertaining to lot size and street frontage are met.
If such nonconforming lot abuts one or more lots in the same
ownership and these lots are vacant or contain an accessory structure,
they shall be combined to the extent necessary to conform to the dimensional
requirements of the district in which they are located.
(2) Use of land and structure.
(a) Nonconforming use of land
or structure legally in existence on March 8, 1999, may continue.
(b) A nonconforming use of
a lot or structure may be changed to another nonconforming use if
it can be manifestly established that such use would constitute lesser
nuisance.
(c) The same nonconforming
use may be resumed after abandonment for less than one year.