The purpose of this article is to regulate nonconforming lots,
uses, and structures, such that they can be reasonably developed,
maintained, repaired, or changed to other less nonconforming or conforming
uses. It is the intent of this article to promote land use conformities,
except that nonconforming conditions that existed before the effective
date of this chapter or amendments thereto shall be allowed to continue,
subject to the requirements set forth in this article. When nonconforming
uses fall into disuse, the intent of this article is not to allow
them to be reestablished after a twelve-month period of dormancy.
A.
Continuance. The use of any land or structures, lawful at the time
of adoption or amendment of this chapter, which is made nonconforming
by adoption or amendment of this chapter, may continue, subject to
the provisions of this chapter.
B.
Ownership of lots, structures and uses which remain lawful but became
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.
B.
If two or more vacant, contiguous lots or parcels are in common ownership
of record at the time of adoption or amendment of this chapter, and
if any of these lots does not individually meet the dimensional requirements
of this chapter or subsequent amendment, the lots shall be combined
to the extent necessary to meet the dimensional standards of this
chapter, except that this shall not apply to contiguous lots with
frontage on different streets or to lots legally created and recorded
as part of an approved subdivision after March 22, 1972, the date
of adoption of the City of Saco's subdivision standards.
C.
If two contiguous lots or parcels are in common ownership of record
at the time of the adoption of this chapter, January 3, 1985, and
either lot does not individually meet the dimensional requirements
of this chapter, and provided that one lot is vacant or contains no
principal structure and the other lot has a principal structure, the
lots shall be combined into one lot of record. This shall apply to
lots or parcels within all zoning districts in the City of Saco. This
shall not apply to contiguous lots with frontage on different streets,
or to lots legally created and recorded as part of an approved subdivision
after March 22, 1972, the date of adoption of Saco's subdivision standards.
D.
If two or more contiguous lots or parcels are in common 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
all state law and other local ordinance requirements are complied
with.
E.
In the shoreland zone, two or more contiguous lots, at least one
of which is nonconforming, owned by the same person or persons on
or before the effective date of the shoreland provisions in this chapter
shall be considered one lot.
A.
At the time a subject property or structure is being reviewed for
issues related to continuation of or a change in a nonconforming use,
abutting property owners shall be notified by the Code Enforcement
Office. Notification will include property owners' rights to appeal
a decision.
B.
Discontinuance. A nonconforming use of a structure or land which
is discontinued for a period of 12 consecutive months may not be resumed.
The use of the land or structure shall thereafter conform to the provisions
of this chapter.
C.
Superseded by conforming use. Whenever a nonconforming use is superseded
by a permitted use of a structure or land, or of a structure and land
in combination, such use of the structure, land, or combination of
land and structure shall thereafter conform to the provisions of this
chapter, and the nonconforming use may not thereafter be resumed.
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.
D.
Expansion of use. A nonconforming use, including a nonconforming
outdoor use of land, shall not be extended or expanded in area or
function; provided, however, that a nonconforming use may be extended
throughout any part of a structure that was lawfully and manifestly
designed or arranged for such use as of the effective date of this
chapter or amendments thereto.
E.
Change of nonconforming use. With the approval of the Planning Board, an existing nonconforming use may be changed to another nonconforming use, provided that the proposed use is equally or more conforming within the zoning district in which the nonconforming use is located. The Planning Board shall make this determination after making a finding that the proposed use will have no greater adverse impact upon neighboring uses, land and structures than the prior use based on the conditional use standards in § 230-1405, Minor conditional uses, and for change of nonconforming uses in the shoreland zone, also based on these additional standards:
(1)
Change of use of a nonconforming structure. The use of a nonconforming
structure located in a shoreland zone may not be changed to another
use unless the Planning Board, 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 under Subsection E(1) above, the Planning Board 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.
A.
Maintenance and enlargement. A structure in existence as of the effective date of adoption or amendment of this chapter and located on a lot which does not meet the lot and yard setback requirements in Article IV, Dimensional Standards, may be repaired, maintained, and improved. It may be enlarged and/or accessory structures may be added to the site without a variance, provided that the enlargement or accessory structure itself meets the setback and height requirements of the district in which it is located and that the enlargement or accessory structure in combination with the existing structure does not exceed the prescribed maximum lot coverage. Vertical enlargements of single-family or two-family dwellings, including porches and decks with a roof, that are lawfully nonconforming with regard to setbacks, may be permitted if each all of the following are met:
(1)
The proposed use of the enlarged space is habitable residential
space. No enlargements are permitted to expand space for a use that
is nonconforming in the district.
(2)
The closest point of the new construction shall be no nearer
to the property line than the closest point on the existing building
upon which the vertical enlargement is proposed.
(3)
Enlargements constructed under these provisions shall not increase
the height of the vertical face of the building more than 10 feet
vertically within the setback. The height of the new eaves within
the setback shall not exceed 22 feet, when measured from original
grade to the new eaves. Mansard and gambrel roofs, or similar roofs,
and full dormers, or roof pitches greater than 12/12 are not permitted
above the new eaves. Two single-window dormers above the new eaves
are permitted, but each may not exceed four feet in width.
(4)
The nonconforming portion of the existing structure on which
the addition is built is no closer than five feet from the side or
rear property line upon which it encroaches. If the building code
requires the new construction to be fire-rated, the existing first-floor
construction in the setback shall be reconstructed to the same fire-rated
standard.
(5)
Unless a variance is granted, an existing structure that does not meet the standards of § 230-505A(4) above may only be enlarged by an addition that meets the dimensional standards of this chapter.
(6)
All other relevant standards of this chapter not related to
setbacks are met.
B.
The following activities shall not constitute an enlargement or creation
of a nonconforming structure, and may encroach into front, side or
rear yard setbacks, if any of the following conditions are present:
C.
Reconstruction or restoration of a nonconforming structure that is
destroyed or damaged by casualty, including but not limited to fire,
explosion, flood, or other accidental cause, is permitted, provided
that:
(1)
The reconstruction or restoration is of a destroyed or damaged
structure which is nonconforming only as to land area, setbacks, or
other dimensional requirements;
(2)
The reconstructed or restored structure is no more nonconforming
than the destroyed or damaged structure, and covers no greater land
area than the footprint of, and has no greater amount of floor area
and no greater volume than, the destroyed or damaged structure, unless
enlargement or expansion of said structure complies with the dimensional
standards of this chapter; and
(3)
The reconstruction or restoration of the destroyed or damaged
structure is substantially completed within 12 months of the date
of destruction or damage to the structure; the Planning Board may
extend this deadline for up to 12 additional months for good cause,
including but not limited to evidence of delayed insurance processing
despite timely claims submission.
D.
Reconstruction or replacement of a nonconforming structure that is
voluntary and has an estimated cost exceeding 50% of the market value
of the structure before such reconstruction or replacement, is permitted,
provided that such reconstruction or replacement is in conformity
with the dimensional standards of the zoning district in which it
is located and neither the floor area nor the volume of any building
setback encroachment is increased, all as determined by the Planning
Board. In no case shall a structure be reconstructed or replaced so
as to increase its nonconformity.
Notwithstanding the other provisions of this chapter, new principal
and accessory structures in the shoreland zone and expansion, reconstruction
and relocation of nonconforming structures in the shoreland zone are
subject to the following additional limitations and requirements:
A.
New principal and accessory structures in shoreland zone. All new principal and accessory structures to be built or installed in the shoreland zone, excluding functionally water-dependent uses, must meet the required water body, tributary stream, or wetland setbacks in § 230-803A (Shoreland zoning, dimensional standards).
B.
Expansions of nonconforming structures in shoreland zone. A nonconforming structure located in the shoreland zone may be added to or expanded after obtaining a permit from the same permitting authority as that for a new structure, if such addition or expansion does not increase the nonconformity of the structure and is in accordance with Subsection B(1), (2), (3) and (4) below.
(1)
Expansion of any portion of a structure located in the shoreland
zone and within 25 feet of the normal high-water line 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-water
line of a water body, tributary stream, 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 B(1), above, if a legally existing nonconforming principal structure located in the shoreland zone is entirely located less than 25 feet from the normal high-water line 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.
(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 located in the shoreland zone 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 Subsection A above.
(a)
For structures located less than 75 feet from the normal high-water
line 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 made greater than 20
feet or the height of the existing structure, whichever is greater.
(b)
For structures located less than 100 feet from the normal high-water line of a great pond classified as 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 structure 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-water line of a water body, tributary stream, or upland edge of a wetland must meet the footprint and height limits referenced in Subsection B(1) above.
(c)
In addition to the limitations in Subsection B(3)(a) and (b), for structures that are legally nonconforming due to their location within the Resource Protection Overlay District when located at less than 250 feet from the normal high-water line 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 square 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 referenced in Subsection B(1) above.
(4)
An approved plan for expansion of a nonconforming structure
located in the shoreland zone must be recorded by the applicant 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.
C.
Reconstruction in shoreland zone.
(1)
Any nonconforming structure located in the shoreland zone which
is removed, 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 12 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 Planning Board in accordance with the purposes of
this chapter. In no case shall a structure be reconstructed or replaced
so as to increase its nonconformity.
(2)
If the reconstructed or replacement structure located in the shoreland zone is less than the required setback, it shall not be any larger than the original structure, except as allowed pursuant to Subsection A above, as determined by the nonconforming floor area and volume of the reconstructed or replaced structure at its new location. If the total 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 Subsection D(2) below.
(3)
Any nonconforming structure located in the shoreland zone 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.
(4)
In determining whether the structure reconstruction or replacement meets the water body, tributary stream or wetland setback to the greatest practical extent, the Planning Board shall consider, in addition to the criteria in Subsection D(2) below, the physical condition and type of foundation present, if any.
D.
Relocation in shoreland zone.
(1)
A nonconforming structure located in the shoreland zone may
be relocated within the boundaries of the parcel on which the structure
is located, provided that the site of relocation conforms to the water
body, tributary stream or wetland setback requirement to the greatest
practical extent as determined by the Planning Board, 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 (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 water
body, tributary stream or wetland setback requirement to the greatest
practical extent, the 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 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 Planning Board shall require replanting of native vegetation to
compensate for the destroyed vegetation. 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.
(b)
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.
(c)
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 in floodplains. Any building in existence prior to January 1, 2012, which is located in an area of special flood hazard and which is thereafter substantially improved, as defined in Chapter 106 of the Saco City Code, may be elevated pursuant to the standards of Chapter 106, and may be allowed to exceed the height limits of this chapter without need for a variance from the Board of Appeals, as long as all of the following standards are met:
A.
The overall height of the reconstructed building may exceed the required
height in the zone in which it is located without the need for a variance,
but by no more than the distance that the lowest floor (including
basement) is raised above its original elevation during reconstruction.
B.
Any reconstructed building shall meet all of the requirements of
the Department of Environmental Protection Sand Dune Act and Chapter
355 Regulations, if it is located in a designated dune area.
