Town of Camden, ME Nonconformance

If two or more vacant, contiguous lots or parcels, or one or more vacant lots or parcels contiguous with a lot that has a principal use, are in single or joint ownership of record, as defined in Article III of this chapter, at the time of or since adoption or amendment of this chapter and if any of these lots do not individually meet the dimensional requirements of this chapter or subsequent amendments, the lots shall be combined to the extent necessary to meet the dimensional standards, except:

Where the contiguous lots front onto different streets; or

(b)

If the lots were legally and separately created and an approved subdivision plan of those lots was recorded in the Knox County Registry of Deeds after September 22, 1971. 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 and recorded in the registry of deeds if the lot was created prior to June 12, 1990, and is served by a public sewer or can accommodate a subsurface sewage disposal system in conformance with the State of Maine Subsurface Wastewater Disposal Rules; and

[Amended 6-15-2010]

(c)

Each lot contains at least 100 feet of shore frontage and at least 20,000 square feet of lot area; and

(d)

Any lots that do not meet the frontage and lot size requirements of § 290-6.2A(1) are reconfigured or recombined so that each new lot contains at least 100 feet of shore frontage and 20,000 square feet of lot area.

A nonconforming lot of record as of the effective date of this chapter or amendment thereto may be built upon, 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 area and frontage can be met. Variance of other requirements shall be obtained only by action of the Zoning Board of Appeals.

Any nonconforming lot may be modified as long as it does not create a condition which leaves the lot's frontage or area below the minimum requirements of this chapter, or so long as the modification does not worsen an existing legally nonconforming situation.

Lots with structures.

A structure built on a lot prior to enactment of this chapter, which lot does not conform to lot size or lot frontage, may be repaired, maintained or improved, and may be modified in conformity with § 290-6.4 of this article. If the proposed modification of the structure(s) cannot meet the applicable space and bulk requirements, a variance shall be required from the Zoning Board of Appeals.

If two or more contiguous lots or parcels have the same ownership at the time of adoption or amendment of this chapter, if all or part of the lots do not meet the applicable space and bulk requirements, and if a principal use exists on each lot, or if the lots were legally, separately created and an approved subdivision plan for those lots was recorded in the Knox County Registry of Deeds after September 22, 1971, the nonconforming lots may be conveyed separately or together, providing all other state law, including the State Minimum Lot Size Law (12 M.R.S.A. §§ 4807-A through 4807-D) and the State of Maine Subsurface Wastewater Disposal Rules,[1] and local ordinance requirements are complied with. If two 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 must be as conforming as possible to the dimensional requirements of this chapter, as determined by the Zoning Board of Appeals.

[Amended 11-2-2010]

[1]

Editor's Note: See 10-144 CMR Ch. 241.

An inn located on a lot that is less than two acres in the Traditional Village District shall not add sleeping rooms offered for rent beyond those legally existing as of the date of enactment of this chapter, nor shall it be used more intensely with respect to functions, services, or similar activities otherwise allowed in inns beyond those being routinely and legally offered as of the date of enactment of this chapter.

[Amended 1-15-2005]

The residential use of a dwelling unit that is discontinued for a period of 24 consecutive months may not be resumed on a lot that is nonconforming, because the lot does not meet the lot area per dwelling unit requirement for the district in which it is located.

(5)

For the purpose of nonconforming lots with structures, the conversion and/or expansion of a single-family dwelling to a two-family dwelling shall not be considered an increase in a nonconformity on nonconforming, sewered lots in the Traditional Village and Village Extension Districts.

[Added 6-6-2012]

§ 290-6.3 Nonconforming uses.

Continuance. The use of land, building or structure, lawful at the time of adoption of this chapter, or of subsequent amendments of this chapter, may continue although such use does not conform to the provisions of this chapter, except as provided in Subsection B, Discontinuance, below.

Discontinuance.

A nonconforming use which is discontinued for a period of 24 consecutive months may not be resumed. The uses of the land, building or structure shall thereafter conform to the provisions of this chapter, except for legally existing space and bulk nonconformities, which may continue.

[Amended 11-15-2005]

In the shoreland zone, a nonconforming use which is discontinued for a period of 12 consecutive months may not be resumed, except that the Zoning Board of Appeals, for good cause shown by the applicant, may grant up to a one-year extension to that time period. 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.

[Added 11-10-2009]

Whenever a nonconforming use is changed to a permitted use, such structure and/or land shall thereafter conform to the provisions of this chapter, and the nonconforming use may not thereafter be resumed.

Expansions. A nonconforming use, including a nonconforming outdoor use of land, shall not be extended or expanded in building area or building volume, expanse of area of use, or hours of operation except as defined below.

[Amended 11-6-2012]

Within the Shoreland Zone, nonconforming residential uses may be expanded within existing residential structures or within expansions of such structures as allowed in § 290-6.4.

[Added 11-10-2009]

In the RP, RR, B-H, B-R and B-TH Districts, no expansion of a nonconforming use is allowed.

[Added 11-6-2012; amended 7-14-2020]

In the RU-1, RU-2, B-3, V, VE, and CR Districts, which are more residential in character but contain some commercial uses, existing nonconforming uses not in the shoreland zone may be expanded by up to 30% in volume and area of use as existed on November 4, 1992, following Zoning Board of Appeals determination that there will be no greater physical or visual adverse impact on the subject and adjacent properties and resources. In determining there is no greater adverse impact, the decision is to be based on adverse impacts such as changes to traffic (volume and type), noise, and dust. The Zoning Board of Appeals may place additional requirements to the project design to offset current and possible impacts of the nonconforming use, and such requirements will become part of the approval once accepted by the applicant. As part of the approval of expansion, no additional nonconformity shall be allowed to be created on the property and all district standards and applicable site plan review standards must be met.

[Added 11-6-2012]

In the B-1, B-2, and B-4 Districts, which are more commercial in character and contain more business uses, existing nonconforming uses not in the shoreland zone may be expanded by up to the extent allowed by the district regulations following Zoning Board of Appeals determination that there will be no greater adverse physical or visual impact on the subject and adjacent properties and resources. In determining there is no greater adverse impact, the decision is to be based on adverse impacts such as changes to traffic (volume and type), noise, and dust. The Zoning Board of Appeals may place additional requirements to the project design to offset current and possible impacts of the nonconforming use, and such requirements will become part of the approval once accepted by the applicant. As part of the approval of expansion, no additional nonconformity shall be allowed to be created on the property and all district standards and applicable site plan review standards must be met.

[Added 11-6-2012]

Changes of uses. Upon approval of the Zoning Board of Appeals, a nonconforming use may be changed such that it is less nonconforming or no more nonconforming than the lawfully existing situation. In making its determination that the use is less nonconforming or no more nonconforming than the lawfully existing situation, the Zoning Board of Appeals shall apply the standards of Article VII, § 290-7.4C, Standards for special exception permit. For structures located within a shoreland setback, the Zoning Board of Appeals shall also apply the standards of Article VI, § 290-6.6F.

[Amended 11-15-2005; 6-14-2016]

§ 290-6.4 Nonconforming structures.

Maintenance, modification, replacement and reconstruction.

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:

The resulting structure or structures do not exceed the height restrictions of the district in which the structure or structures are located.

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.

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.

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.

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.

§ 290-6.5 Transfer of ownership.

Ownership of nonconforming lots, structures, and/or uses as defined in this chapter may be transferred without loss of their lawful but nonconforming status.

§ 290-6.6 Changes in nonconforming structures in shoreland areas.

[Amended 6-20-2006; 6-14-2016]

Within shoreland setbacks, a nonconforming structure may be modified under the following circumstances:

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.

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.

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:

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.

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:

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.

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.

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.

Relocation.

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,[1] 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.

[1]

Editor's Note: See 10-144 CMR Ch. 241.

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:

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.

Reconstruction or replacement.

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.

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.

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.

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.

Change of use of a nonconforming structure.

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.