A. 
Intent. It is the intent of this chapter to promote land use conformities, except that nonconforming conditions that existed before the effective date of this chapter shall be allowed to continue, subject to the requirements set forth in this article.
B. 
Transfer of ownership. Nonconforming structures, lots, and uses 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. 
Repair and maintenance. This chapter allows, without a permit, the normal upkeep and maintenance of nonconforming uses and structures, including repairs or renovations which do not involve expansion of the nonconforming use or structure, and such other changes in a nonconforming use or structure as federal, state, or local building and safety codes may require.
A. 
Expansions. A structure which does not conform to the dimensional requirements of the zone in which it is located may be added to or expanded after obtaining a permit from the Code Enforcement Officer if such addition or expansion does not increase the nonconformity of the structure.
B. 
Relocation.
[Amended 5-7-2019 by Order No. 19-258-01]
(1) 
A nonconforming structure may be relocated within the boundaries of the lot on which the structure is located provided that the site of relocation conforms to all setback requirements to the greatest practical extent, as determined by the Code Enforcement Officer in conformance with the purposes of this chapter, and provided that, if the use is not connected to the public sewerage system, the applicant demonstrates that the present subsurface sewage disposal system meets the requirements of state law and the State of Maine Subsurface Wastewater Disposal Rules or that a new system can be installed in compliance with the law and said rules. The Code Enforcement Officer shall notify abutters of the request for a building permit in compliance with § 280-4-1B. The Code Enforcement Officer shall determine whether the application is in compliance with § 280-7-2B(2) and, if she/he determines that there are no unresolved issues raised by abutters within ten (10) days of when notice of the application is sent, shall grant the permit. The Code Enforcement Officer may ask the Planning Board to review the request and make the determination if there are unresolved issues raised by abutters or if she/he finds that the scale or complexity of the proposal warrants review by the Board or other elements of the proposal require review by the Board. In no case shall a structure be relocated in a manner that causes the structure to be more nonconforming.
[Amended 9-20-2022 by Order No. 22-440-01]
(2) 
In determining whether the building relocation meets the setback to the greatest practical extent, the Code Enforcement Officer or Planning Board shall consider the size of the lot, the slope of the land, the potential for soil erosion, the location of other structures on the property and on adjacent properties, the location of the septic system, if any, and other on-site soils suitable for septic systems, and the type and amount of vegetation to be removed to accomplish the relocation.
C. 
Reconstruction or replacement.
(1) 
Any nonconforming structure which is located less than the required setback from the property line and which is removed or damaged or destroyed may be reconstructed or replaced provided that a permit is obtained within one (1) year of the date of said damage, destruction, or removal and provided that such reconstruction or replacement is in compliance with the setback requirement to the greatest practical extent as determined by the Code Enforcement Officer in accordance with the purposes of this chapter. The Code Enforcement Officer shall notify abutters of the request for a building permit in compliance with § 280-4-1B. The Code Enforcement Officer shall determine whether the application is in compliance with § 280-7-2C(2) and if she/he determines that there are no unresolved issues raised within ten (10) days of when notice of the application is sent, shall grant the permit. The Code Enforcement Officer may ask the Planning Board to review the request and make the determination if there are unresolved issues raised by abutters or if she/he finds that the scale or complexity of the proposal warrants review by the Board or other elements of the proposal require review by the Board. In no case shall a structure be reconstructed or replaced so as to increase its nonconformity.
[Amended 5-7-2019 by Order No. 19-258-01]
(2) 
In determining whether the building reconstruction or replacement meets the setback to the greatest practical extent, the Planning Board shall consider, in addition to the criteria in § 280-7-2B(2), the physical condition and type of foundation present, if any.
D. 
Change of use of a nonconforming structure.
(1) 
The use of a nonconforming structure may not be changed to another use unless the Planning Board, after receiving a written application and holding a public hearing, determines that the new use will have no greater adverse impact on the subject or adjacent properties and resources than the existing use.
(2) 
In determining that no greater adverse impact will occur, the Planning Board shall require written documentation from the applicant regarding the probable effects on public health and safety, erosion and sedimentation, and water quality.
A. 
Expansions. A use which is nonconforming in the zone in which it is located may be expanded by a total of not more than thirty percent (30%) of the gross floor area existing as of the date of adoption of this provision. The expansion may occur at one (1) time or incrementally, but in no case shall the cumulative total of additional floor area exceed the thirty percent (30%) limit.
B. 
Resumption prohibited. A lot, building or structure in or on which a nonconforming use is discontinued for a period exceeding one (1) year, or which is superseded by a conforming use, may not again be devoted to a nonconforming use.
A. 
A nonconforming lot of record as of the effective date of this chapter 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 chapter, except lot size and frontage, can be met. Variances relating to setback or other requirements not involving lot size or frontage shall be obtained by action of the Board of Appeals.
[Amended 5-7-2019 by Order No. 19-258-01]
B. 
Contiguous built lots.
(1) 
If two (2) or more contiguous lots are in a single or joint ownership of record at the time of adoption 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[1] and Subsurface Wastewater Disposal Rules are complied with.
[Amended 9-20-2022 by Order No. 22-440-01]
[1]
Editor's Note: See 12 M.R.S.A. § 4807 et seq.
(2) 
If two (2) or more principal uses or structures existed on a single lot of record on the effective date of this chapter, 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 shall be as conforming as possible to the dimensional requirements of this chapter as determined by the Planning Board.
C. 
Contiguous lots, vacant or partially built. When two (2) or more contiguous lots are in single or joint ownership of record at the time of adoption or amendment of this chapter or any time thereafter, if any of these lots do not individually meet the dimensional requirements of this chapter or subsequent amendments, and if one (1) 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 of this chapter; provided, however, that any two (2) or more contiguous lawful lots of record as of November 21, 1995, and located in the Rural Residential or Rural Mixed Use Zones shall not be required to be combined pursuant to this subsection.
[Amended 9-20-2022 by Order No. 22-440-01]