The purpose of this article is to regulate nonconforming lots, uses, and structures as defined in this chapter such that they can be reasonably developed, maintained or repaired, or changed to other less nonconforming or to conforming lots, uses, or structures. Definitions of nonconforming lot, nonconforming structure, nonconforming use, and ownership may be found in Article
III of this chapter.
Maintenance, modification, replacement and reconstruction.
A. Except as set forth in Subsection
A(4) of this section, a structure lawfully in existence as of the effective date of this amendment that does not meet the height, yard, or setback restriction of Article
VIII may be repaired, maintained, improved, or replaced as set forth in this section. It may be modified and/or accessory structures may be added to the site without a variance, provided that:
(1)
The resulting structure or structures do not exceed the height
restrictions of the district in which the structure or structures
are located.
(2)
The resulting structure or structures do not exceed the prescribed
maximum ground coverage and maximum building coverage or, in the case
of an existing structure which does exceed the prescribed maximum
ground coverage or maximum building coverage, the resulting structure
or structures do not exceed the existing ground coverage and the existing
building coverage.
(3)
There is no increase in the nonconformity, except that a lawfully nonconforming structure may be expanded in volume and ground-floor area by no more than 30% of the volume and ground-floor area of that portion of the structure that was lawfully nonconforming as of the date of this amendment of this chapter, and provided that the resulting structure or accessory structure is no closer to the front, side, or rear lot line with respect to which the nonconformity exists, unless the resulting structure is allowed to be closer in accordance with the provisions of Article
X, §
290-10.2M(10), of this chapter.
(4)
No structure which is less than the required setback from the normal high waterline of a water body or the upland edge of a wetland shall be expanded further toward the water body or wetland than the part of the lawfully existing nonconforming structure closest to the water body or wetland, and such structure shall further conform with the requirements of Article
VI, §
290-6.6, if applicable, and Article
X, §
290-10.2M(10), of this chapter.
B. Any nonconforming building or structure which is lawfully in existence
as of the effective date of this chapter and which is hereafter damaged
or destroyed by fire, storm, or any other cause which is beyond the
control of the owner of that building or structure may be repaired,
maintained, improved, or replaced within 24 months of said damage
or destruction in conformity with the above requirements in this section.
Ownership of nonconforming lots, structures, and/or uses as
defined in this chapter may be transferred without loss of their lawful
but nonconforming status.
[Amended 6-20-2006; 6-14-2016]
Within shoreland setbacks, a nonconforming structure may be
modified under the following circumstances:
A. Expansions. All new principal and accessory structures, excluding functionally water-dependent uses, must meet the water body, tributary stream, or wetland setback requirements contained in Article
X, §
290-10.2M. A nonconforming structure 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 and is in accordance with Subsection
A(1) and
(2) below.
(1)
Expansion of any portion of a structure within 25 feet of the
normal high waterline of a water body, tributary stream, or upland
edge of a wetland is prohibited, even if the expansion will not increase
nonconformity with the water body, tributary stream or wetland setback
requirement. Expansion of an accessory structure that is located closer
to the normal high waterline of a water body, tributary steam, or
upland edge of a wetland than the principal structure is prohibited,
even if the expansion will not increase nonconformity with the water
body, tributary stream, or wetland setback requirement.
(2)
Notwithstanding Subsection
A(1), above if a legally existing nonconforming principal structure is entirely located less than 25 feet from the normal high waterline of a water body, tributary stream, or upland edge of a wetland, that structure may be expanded as follows, as long as all other applicable municipal land use standards are met and the expansion is not prohibited by Article
VI, §
290-6.6A above:
(a)
The maximum total footprint for the principal structure may
not be expanded to a size greater than 800 square feet or 30% larger
than the footprint that existed on January 1, 1989, whichever is greater.
The maximum height of the principal structure may not be made greater
than 15 feet or the height of the existing structure, whichever is
greater.
(3)
All other legally existing nonconforming principal and accessory structures that do not meet the water body, tributary stream, or wetland setback requirements may be expanded or altered as follows, as long as other applicable municipal land use standards are met and the expansion is not prohibited by Article
VI, §
290-6.6A(1), above:
(a)
For structures located less than 75 feet from the normal high
waterline of a water body, tributary stream, or upland edge of a wetland,
the maximum combined total footprint for all structures may not be
expanded to a size greater than 1,000 square feet or 30% larger than
the footprint that existed on January 1, 1989, whichever is greater.
The maximum height of any structure may not be greater than 20 feet
or the height of the existing structure, whichever is greater.
(b)
For structures less than 100 feet from the normal high waterline of a great pond classified as a GPA or a river flowing to a great pond classified as GPA, the maximum combined total footprint for all structures may not be expanded to a size greater than 1,500 square feet or 30% larger than the footprint that existed on January 1, 1989, whichever is greater. The maximum height of any structures may not be made greater than 25 feet or the height of the existing structure, whichever is greater. Any portion of those structures located less than 75 feet from the normal high waterline of a water body, tributary stream, or upland edge of a wetland must meet the footprint and height limits in Article
VI, §
290-6.6A(2)(a) and
(3)(a), above.
(c)
In addition to the limitation in Subsection
A(3)(a) and
(b), for structures that are legally nonconforming due to their location within the Resource Protection District when located at less than 250 feet from the normal high waterline of a water body or the upland edge of a wetland, the maximum combined total footprint for all structures may not be expanded to a size greater than 1,500 feet or 30% larger than the footprint that existed at the time the Resource Protection District was established on the lot, whichever is greater. The maximum height of any structure may not be made greater than 25 feet or the height of the existing structure, whichever is greater, except that any portion of those structures located less than 75 feet from the normal high water line of a water body, tributary stream, or upland edge of a wetland must meet the footprint and height limits in Article
VI, §
290-6.6A(2)(a) and
(3)(a), above.
(4)
An approved plan for expansion of a nonconforming structure
must be recorded by the application with the Registry of Deeds within
90 days of approval. The recorded plan must show the existing and
proposed footprint of the nonconforming structure, the existing and
proposed structure height, the footprint of any other structures on
the parcel, the shoreland zone boundary and evidence of approval by
the municipal review authority.
(5)
Upon satisfaction of all criteria and applicable chapter requirements,
the CEO shall issue the permit two weeks after mailing notices by
first class prepaid U.S. postage to the last known mailing address
of all abutters.
B. Foundations. Whenever a new, enlarged, or replacement foundation is constructed under a nonconforming structure, the structure and new foundation must be placed such that the setback requirement is met to the greatest practical extent as determined by the Zoning Board of Appeals, or its designee, basing its decision on the criteria specified in §
290-6.6C, Relocation, below.
C. Relocation.
(1)
A nonconforming structure may be relocated within the boundaries
of the parcel 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 Zoning Board of Appeals, and
provided that 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. In no case shall a structure be relocated
in a manner that causes the structure to be more nonconforming.
(2)
In determining whether the building relocation meets the setback to the greatest practical extent, the Zoning Board of Appeals 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 and other on-site soils suitable for septic systems, and the type and amount of vegetation to be removed to accomplish the relocation. When it is necessary to remove vegetation within the water or wetland setback area in order to relocate a structure, the Zoning Board of Appeals shall require replanting of native vegetation to compensate for the destroyed vegetation in accordance with Article
X, §
290-10.2V. In addition, the area from which the relocated structure was removed must be replanted with vegetation. Replanting shall be required as follows:
(a)
Trees removed in order to relocate a structure must be replanted
with at least one native tree, three feet in height, for every tree
removed. If more than five trees are planted, no one species of tree
shall make up more than 50% of the number of trees planted. Replaced
trees must be planted no further from the water or wetland than the
trees that were removed. Other woody and herbaceous vegetation and
ground cover that are removed or destroyed in order to relocate a
structure must be reestablished. An area at least the same size as
the area where vegetation and/or ground cover was disturbed, damaged,
or removed must be reestablished within the setback area. The vegetation
and/or ground cover must consist of similar native vegetation and/or
ground cover that was disturbed, destroyed or removed.
(b)
Where feasible, when a structure is relocated on a parcel, the
original location of the structure shall be replanted with vegetation
which may consist of grasses, shrubs, trees or a combination thereof.
D. Reconstruction or replacement.
(1)
Any nonconforming structure which is located less than the required setback from a water body, tributary stream or wetland and which is removed, or damaged or destroyed, regardless of the cause, 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 18 months of the date of said damage, destruction, or removal and provided that such reconstruction or replacement is in compliance with the water body, tributary stream or wetland setback requirement to the greatest practical extent as determined by the Zoning Board of Appeals in accordance with the requirements of Subsection
C(2) herein. In no case shall a structure be reconstructed or replaced so as to increase its nonconformity. If the reconstructed or replacement structure is less than the required setback, it shall not be any larger than the original structure, except as allowed pursuant to §
290-6.6A above, as determined by the nonconforming footprint of the reconstructed or replaced structure at its new location. If the total amount of floor area and volume of the original structure can be relocated or reconstructed beyond the required setback area, no portion of the relocated or reconstructed structure shall be replaced or constructed at less than the setback requirement for a new structure. When it is necessary to remove vegetation in order to replace or reconstruct a structure, vegetation shall be replanted in accordance with §
290-6.6C(2) above.
(2)
Any nonconforming structure which is located less than the required
setback from a water body, tributary stream or wetland and which is
removed by 50% or less of the market value or damaged or destroyed
by 50% or less of the market value of the structure, excluding normal
maintenance and repair, may be reconstructed in place if a permit
is obtained from the Code Enforcement Officer, within one year of
such damage, destruction or removal.
(3)
In determining whether the building reconstruction or replacement meets the setback to the greatest practical extent, the Zoning Board of Appeals shall consider, in addition to the criteria in Subsection
D(2) above, the physical condition and type of foundation present, if any.
E. Changes after approval. The Code Enforcement Officer may approve
minor field changes after approvals are granted by the Zoning Board
of Appeals under this section, provided the change does not expand
the footprint.
F. Change of use of a nonconforming structure.
(1)
In addition to the requirements of Article
VI, §
290-6.3D, the use of a nonconforming structure may not be changed to another use unless the Zoning Board of Appeals, after receiving a written application, determines that the new use will have no greater adverse impact on the water body, tributary stream, or wetland, or on the subject or adjacent properties and resources than the existing use.
(2)
In determining that no greater adverse impact will occur, the
Zoning Board of Appeals shall require 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 commercial fishing and maritime activities, and other
functionally water-dependent uses.
Development consisting of structures, parking lots and other
nonvegetated surfaces, which has a nonconforming ground coverage of
development, may be repaired, maintained, improved; and buildings
and/or accessory structures added to the site and enlarged without
a variance for ground coverage, and the location of parking lots and
other nonvegetated surfaces within the site may be relocated to other
areas within the site or reconfigured, subject to the condition that
the total area of all such structures, parking lots and other nonvegetated
surfaces does not exceed the total area of the nonconforming ground
coverage which was in lawful existence at the time that this chapter
or subsequent amendment took effect.
No provision of this Article
VI shall be construed to cause an unlawful use, structure, or lot which exists unlawfully as of the date of enactment of this chapter to be considered lawful or allowable under the provisions of this chapter.