A. 
Definition.
NONCONFORMING LOT OF RECORD
A lot of record in legal existence as of the effective date of this chapter or amendments thereto which does not meet the requirements of this chapter in the applicable zone.
B. 
Conveyance of developed and contiguous nonconforming lots of record. The Planning Board shall grant a conveyance permit to single or joint owners of said lots after review if said lots meet the following conditions:
(1) 
If two or more contiguous and developed nonconforming lots of record are in the same single or joint ownership of record and if each lot contains a residence built in conformity with existing regulations at the time of its construction, and each lot currently meets the standards of the State Subsurface Wastewater Disposal Rules[1] within its boundaries, and each is at least 20,000 square feet (or the State Minimum Lot Size Law,[2] whichever is greater), they may be conveyed separately or together. Any undeveloped lot of record, in the ownership of a person(s) who has any whole or partial interest in a contiguous developed lot (or lots), shall be added to one or divided between said lots to bring them into conformity or closer to conformity with minimum lot sizes in the zone. Said dividing of the undeveloped lot shall be in a manner consistent with the development on the lots to maximize their conformity and so as not to create another nonconforming lot. A "developed" lot shall mean one containing a residence. The presence of an accessory building or other structure not containing a dwelling unit shall not constitute development.
[1]
Editor's Note: See 10-144 CMR Ch. 241.
[2]
Editor's Note: See 12 M.R.S.A. § 4807 et seq.
(2) 
The application for a conveyance permit shall contain plans to show all lots to be conveyed and the dividing of contiguous or intervening vacant lots to said lots drawn to scale, locations of septic systems and the associated fields, a copy of the original deed(s) to the applicant(s) of the lot, and the names of the abutting property owners to all lots on the plan. The applicant shall provide evidence that each lot to be conveyed meets the State Subsurface Wastewater Disposal Rules within its boundaries if requested by the Board.
(3) 
A developed nonconforming lot of record contiguous to a developed conforming lot of record, both in the ownership of person(s) having any whole or partial interest in them, may be conveyed separately or together under the provisions of Subsection B(1) above.
C. 
Merger of contiguous nonconforming lots of record: vacant or partially built.
(1) 
If two or more contiguous lots or parcels of land are in the ownership of a person(s) having any whole or partial interest in the contiguous lots as of the effective date of this chapter, and if any of these lots do not individually meet the minimum lot size requirements of the applicable zone as stated in this chapter or subsequent amendments, and if one or more of the lots are vacant or contain(s) only an accessory structure, the lots shall be combined to the extent necessary to meet all minimum lot size requirements.
(2) 
This merger requirement applies to all lots or parcels, whether they are part of a subdivision or other approved or recorded plan or not. Lots created pursuant to the provision of § 60-65 of this chapter are exempt from this merger requirement.
(3) 
Corporations in which two or more directors are the same individual (or their spouses) shall be treated as the same corporation for the purposes of this chapter.
D. 
New buildings on single, vacant nonconforming lots of record. It is permissible to construct a new residence containing one dwelling unit and/or accessory buildings thereto if all buildings will meet the setbacks in the zone in which the lot lies; if construction is on an undeveloped nonconforming lot of record, which lot is not adjoined by other land in which the owner of the nonconforming lot has any whole or partial interest on the effective date of this chapter, or subsequent amendments, and which lot is at least 20,000 square feet and the use meets the requirements of the State Subsurface Wastewater Disposal Rules; and if the lot coverage requirements of § 60-50A(3) of this article are met. "Undeveloped" means a lot without a building containing a dwelling unit.
E. 
Two or more dwelling units on a single lot of record. If two or more dwelling units existed on a single lot of record on the effective date of this chapter (June 18, 1992), then each may be sold on a separate lot, provided that the State Minimum Lot Size Law and the State Subsurface Wastewater Disposal 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 for purposes of this section. Camper trailers and recreational vehicles are not considered dwelling units.
Any use or structure lawfully existing at the time of enactment of this chapter, but which use or structure is not in compliance with this chapter as it applies to new uses or structures or parts thereof, is a nonconforming use or structure and may continue as it is and may be repaired and maintained. However, it may not, except as provided for herein, be:
A. 
Changed to another nonconforming use.
B. 
Reestablished after discontinuance for one year.
C. 
Expanded, except as provided for in § 60-50 below. Expansion includes:
(1) 
An increase in density of use as measured by the volume and/or type of traffic, size of the building or structure, number of bedrooms, increase in volume of wastewater, or similar measures of intensity of use;
(2) 
Any addition to a nonconforming structure.
A. 
General requirements all zones. An addition, including porches and decks, to an existing single-family residence or other structure is considered to be expansion and is permitted, provided that:
(1) 
The expansion may not increase the nonconformity of the existing structure with respect to setbacks from all lot lines, roads and streets, rights-of-way, or the normal high-water mark.
(2) 
With respect to heights, the expansion may not increase the level of the ground floor more than two feet or the height of the roof peak more than 30 feet above the highest point of the natural grade at the perimeter of the building, and shall not create a ceiling height of 6.5 feet or more in a basement, without obtaining the necessary plumbing permits for the addition of one bedroom at the minimum, except for Subsection B(4) below.
(3) 
With respect to lot coverage, shall not increase the existing square footage of all existing and proposed structures, including porches, decks, and nonvegetated surfaces, to more than 20% of the total square footage of the lot. Square footage of a structure includes ground-floor square footage and the square footage of overhangs and other parts of a structure, cantilevered or otherwise supported, projecting outward from any floor of the structure.
(4) 
Shall not be on a lot which does not meet the State Subsurface Wastewater Disposal Rules.
(5) 
Shall not include placement of a foundation under a structure which is less than the required setback from the normal high-water mark, unless the structure and new foundation are placed such that the setback requirement is met to the greatest practical extent to the criteria of § 60-51B below.
B. 
Special requirements for expansion within the Shoreland Zone.
(1) 
Expansions. A nonconforming structure may be added to or expanded, after obtaining a permit from the same permitting authority as a new structure, if such addition or expansion does not increase the nonconformity of the structure and is in accordance with Subsection B(2) through (4) below.
(2) 
Legally existing nonconforming principal and accessory structures that do not meet the water body or wetland setback requirements may be expanded or altered as follows as long as all other applicable standards contained in this chapter are met:
(a) 
Expansion of any portion of a structure within 25 feet of the normal high-water line of a water body or upland edge of a wetland is prohibited, even if the expansion will not increase nonconformity with the water body or wetland setback requirement.
(b) 
Expansion of an accessory structure that is located closer to the normal high-water line of a water body or upland edge of a wetland than the principal structure is prohibited, even if the expansion will not increase nonconformity with the water body or wetland setback requirement.
(c) 
For structures located less than 75 feet from the normal high-water line of a water body or upland edge of a wetland, the maximum combined total footprint for all structures is 1,000 square feet, and the maximum height of any structure is 20 feet or the height of the existing structure, whichever is greater.
(d) 
For structures located less than 100 feet from the normal high-water line of a great pond classified GPA or a river flowing to a great pond classified as GPA, the maximum combined footprint for all structures is 1,500 square feet, and the maximum height of any structure is 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 or upland edge of a wetland must meet the floor area and height limits of Subsection B(2)(c).
(e) 
Further, no expansion shall be greater than 20 feet along the line parallel to a shoreline and no closer to the normal high-water line of a water body or upland edge of a wetland than the current structure.
(3) 
For the purposes of Subsection B(2), above, a basement, as defined, is not counted toward floor area.
(4) 
Construction or enlargement of a foundation beneath the existing structure is not considered an expansion of the structure, provided that the structure and new foundation are placed such that the setback requirement is met to the greatest practical extent as determined by the Planning Board or its designee, basing its decision on the criteria specified in § 60-51, Relocation, below; that the completed foundation does not extend beyond the exterior dimensions of the structure; and that the foundation does not cause the structure to be elevated beyond the allowable height within Subsection B(2)(c) and (d) above.
(5) 
Expansion of a nonconforming structure to create an accessory dwelling unit may not result in an increase in nonconformity (See § 60-49).
A. 
A nonconforming structure may be relocated on a lot of record, provided that the new location meets all the setbacks of the zone except that, in the R-4 Shoreland Zone, the setback from the normal high-water mark shall be met to the greatest practical extent possible without violating any other setback; and
B. 
In approving the new location, the Planning Board or its designee shall only approve a location which meets setbacks as provided for above and which meets the following criteria. In determining whether the building relocation meets the setback to the greatest practical extent possible, the Planning Board or its designee shall consider the size of the lot, slopes of the land, location of other structures on the property and adjacent property, and the increase in distance from the normal high-water mark achieved. In addition, if the new location fails to meet any of the following criteria, the permit shall be denied:
(1) 
The applicant must provide evidence, if the use of the proposed location requires, that the present subsurface sewage disposal system meets the requirements of the State Subsurface Wastewater Disposal Rules or that a new system can be installed in compliance with said rules.
(2) 
Using the limitations of location imposed by Subsection B(1), above, the new location must meet the requirements for clearing or removal of vegetation other than timber harvesting and related activities, and lot coverage requirements contained in Article VI of this chapter.
(a) 
The applicant shall be required to revegetate the area where the relocated structure was moved from. If the previous area cleared and areas to be cleared for the relocated structure and other approved development exceed the cleared opening provisions of § 60-25C, then the applicant shall be required to revegetate cleared areas to conform with the cleared openings provisions.
(b) 
If the area between the relocated structure and the normal high-water mark is a cleared opening, then the applicant shall be required to revegetate to create a minimum natural buffer of 25 feet between the structure and the normal high-water mark.
(c) 
"Revegetation," for the purposes of this section, means:
[1] 
The planting of trees native to our shoreland area which are at least five feet in height at the time of planting, in sufficient number to provide a "well-distributed stand of trees" as described in § 60-25C; and
[2] 
The planting of shrubs and/or seed mixtures such as reed canary grass or redtop around the trees, which growth is intended to remain unmowed to reestablish woodland vegetation.
(d) 
The new location shall not increase the potential for or cause soil erosion or harmful runoff.
A. 
Except in the Shoreland Zone, any nonconforming structure which is damaged or destroyed by fire or other casualty may be replaced or reconstructed within one year in its exact dimension, placement on the lot and use as the original building or structure. Relocation may be accomplished under the provisions of § 60-51 above. Within the Shoreland Zone, in-place reconstruction or replacement may be accomplished only if the damage is 50% or less of the market value of the structure before the casualty. Otherwise, the structure must be relocated under the provisions of § 69-51 above.
B. 
Voluntary reconstruction or replacement of a nonconforming structure, which reconstruction or replacement exceeds 50% of the market value of the structure before reconstruction or replacement, requires relocation on the lot under the provisions of § 60-51 above, except that conformity to the greatest possible extent practical to the normal high-water set-back shall be required without violating any other setback. If the area between the structure being replaced or reconstructed is a cleared opening, then the applicant shall be required to revegetate to create a minimum natural buffer of 25 feet between the structure and the normal high-water mark as described in § 60-51B(2) above.
C. 
The placement of a foundation under a structure which is less than the required setback from the normal high-water mark requires relocation of the structure on the lot under the provisions of § 60-51 above.
A. 
Changes permitted. "Existing buildings" are defined, for the purposes of this section, as those in lawful existence in commercial use, which use includes meeting halls for fraternal or religious purposes and municipal or governmental services. Buildings whose last active use was as above may be included, provided that any subsequent use has been vacancy or storage.
B. 
Nonconforming uses of existing buildings on the date of the passage of this chapter may be change to another nonconforming use, provided that:
(1) 
The proposed change in use is one that is permitted in the R-1 Zone under § 60-17.
(2) 
The perimeter dimensions of the building will not change and there will be no change in height more than that required to install a foundation which brings the ground floor level to no more than two feet above the highest natural grade at the location of the building on the site.
(3) 
The proposed use is less intensive, or at least no more intensive, than the existing use as measured by volume and type of traffic expected to be generated, number of potential customers or patrons, volume of wastewater generated, area for exterior storage of materials associated with the use, or other similar measures of intensity of use.
(4) 
Off-street parking spaces will conform to ordinance requirements for the proposed use.
(5) 
Is not prohibited use as listed in § 60-24F.
(6) 
Nothing in this section shall be construed to mean that existing buildings currently used wholly as residences or for activities accessory to residential use can be changed to a nonconforming use.
New uses which are permitted as conditional uses in the zone may be permitted as a conditional use on a nonconforming lot of record, provided that:
A. 
Existing and proposed structures meet the setback provisions of the zone, and the proposed use does not specifically require a minimum lot in this chapter.
B. 
The use does not require an increase in the minimum lot size or in minimum setbacks in the applicable zone, which increase cannot be met by the proposed use.
C. 
The square footage of all new structures, including porches, decks and nonvegetated surfaces when added to that of the existing structure and nonvegetated surfaces, shall not be more than 20% of the lot's square footage. The square footage of the structures includes ground-floor square footage and the square footage of overhangs and other parts of the structure, cantilevered or otherwise supported, projected outward from any floor of the structure.