It is the intent of this article to provide conformity with
this Code, except that nonconforming conditions that legally existed
before the effective date of this Code, or any amendment thereto,
are allowed to continue, subject to the requirements set forth in
this article. Except as otherwise provided in this Code, a nonconforming
condition shall not be permitted to become more nonconforming.
The use of any land or structure, or any portion thereof, which
is made nonconforming as a result of the enactment of this Code, or
any subsequent amendment thereto, may be continued, but only in strict
compliance with the following requirements:
A. A nonconforming use of land or structure may continue to exist and
may expand in size within the lot boundaries or building, provided
the expanded use meets all other requirements of that District to
the greatest extent possible. All such expansions of a nonconforming
use are subject to the following:
[Amended 6-12-2023 by Ord. No. 23-154; 5-22-2023 by Ord. No. 23-141]
(1)Â For commercial nonconforming uses, review and approval by the Planning Board under Article
XVI to ensure the expansion of the nonconforming use does not increase any adverse impact on adjacent properties.
(2)Â For
noncommercial nonconforming uses, review and approval by the Code
Enforcement Officer to ensure all other requirements of the respective
district are met. This allowance for expansion does not include the
addition of residential dwelling units.
B. A nonconforming use of land or structure may transfer to another
nonconforming use, provided that the new use meets all other requirements
of the district to the greatest extent possible. All such transfers
of a nonconforming use are subject to review and approval by the Code
Enforcement Officer, the Planning Officer, and the City Engineer,
who must find, in order to approve the transfer, that the new nonconforming
use does not increase any adverse impact on adjacent properties.
[Amended 5-22-2023 by Ord. No. 23-141]
C. If any nonconforming nonresidential use ceases or is discontinued
for any reason for a period of 24 or more consecutive months, any
subsequent use shall conform to the requirements of this Code in all
respects. If any non-conforming residential use is discontinued (including
when a residential structure is not occupied) for a period of seven
years or more, the use may not be restored and its right to continue
shall terminate. (For example, if one unit in a four-unit dwelling
ceased to be occupied for a period of seven years or more and the
zoning district only allowed for three units, the building would have
to revert to a three-unit building instead of a four-unit.)
[Amended 5-22-2023 by Ord. No. 23-141]
D. Notwithstanding the above requirement, if a structure housing a nonconforming use is accidentally destroyed by fire or natural catastrophe, the structure may be rebuilt on the existing footprint, or enlarged subject to the provisions listed above in §Â
165-16A. Reconstruction must commence within two years of the destruction for nonresidential uses, and seven years for residential uses, or the structure must conform to all regulations, including use, of the applicable District.
E. Notwithstanding the above requirements, a nonconforming residential
use may be modified, enlarged, and extended in all districts. Such
changes include accessory dwelling unit only where allowed by district.
F. For purposes of determining nonconformities, marijuana stores as defined in §Â
165-13, including medical marijuana caregiver stores, medical marijuana dispensaries, retail marijuana stores, or any combination thereof, are considered the same use.
[Amended 5-22-2023 by Ord. No. 23-141]
Any structure which is made nonconforming as to requirements
for yards, dwelling units per building, lot coverage, or height in
the district in which it is located as a result of the enactment of
this Code, or any subsequent amendment thereto, may be continued,
but only in strict compliance with the following requirements:
A. A nonconforming structure may be maintained, repaired, reconstructed,
and improved within the footprint of the structure at the time the
structure became nonconforming.
B. A nonconforming structure containing a use listed in §Â
165-111A may be enlarged, subject to review by the Planning Board, only if it satisfies all of the provisions listed below:
[Amended 10-11-2023 by Ord. No. 23-296]
(1)Â The expansion satisfies all other applicable dimensional requirements
of the district in which the structure is located.
(2)Â The expansion results in no new nonconformities.
(3)Â The expansion does not increase the nonconforming situation.
(4)Â The expansion does not cause or worsen safety problems, such as,
but not limited to, reduction of sight distances from driveways or
intersections, and does not increase any adverse impact on adjacent
properties.
C. All other nonconforming structures may be enlarged, subject to review under §Â
165-116, only if it satisfies all of the provisions listed below:
(1)Â The expansion satisfies all other applicable dimensional requirements
of the district in which the structure is located.
(2)Â The expansion results in no new nonconformities.
(3)Â The expansion does not increase the nonconforming situation.
(4)Â The expansion does not cause or worsen safety problems, such as,
but not limited to, reduction of sight distances from driveways or
intersections, and does not increase any adverse impact on adjacent
properties.
D. If a nonconforming, nonresidential structure is demolished or accidentally destroyed by fire or natural catastrophe, the structure may be rebuilt on the existing footprint, or enlarged subject to the provisions listed above in §Â
165-17A. Reconstruction with any enlargements must commence within two years of the demolition or destruction, or the structure must conform to all regulations of the applicable district. Residential structures may be rebuilt and expanded otherwise within seven years of such damage by review of the Code Enforcement Officer, or the structure must conform to all regulations of the applicable district.
[Amended 10-11-2023 by Ord. No. 23-296]
E. Lots containing
nonconforming residential structures that have been demolished, abandoned
or cease to be occupied for a period of seven years or more shall
conform to the requirements of this Code in all respects.
F. Lots with nonconforming residential structures may house accessory dwelling units if, in the opinion of the Code Enforcement Officer, the requirements in §Â
165-17C are met.
[Amended 5-22-2023 by Ord. No. 23-141]
A single parcel of land, the legal description or dimensions
of which are recorded in a deed, plan, or map on file at the Penobscot
County Registry of Deeds, which lawfully existed immediately prior
to the enactment of pertinent Code or any subsequent amendment thereto,
and which, as a result of the enactment of pertinent Code or any amendment
thereto, does not meet the lot area, lot width, impervious surface
ratio, floor area ratio, dwelling units per acre, open space, or buffer
requirements in the district in which it is located, and which does
not adjoin another parcel in common ownership may be built upon without
the need for a variance, subject to the following requirements:
A. Except as allowed above in §Â
165-16 and §Â
165-17 for reconstruction, such building or construction shall, in all other respects, comply with the provisions of this chapter.
B. No construction shall be commenced until the owner demonstrates to
the satisfaction of the Code Enforcement Officer that there is reasonable
access to the site for emergency vehicles.
C. Nonconforming lots may house accessory dwelling units if there is
a principal single-family dwelling on the property and if the requirements
above are met, as well as no adverse impacts on adjoining properties,
in the opinion of the Code Enforcement Officer, the Planning Officer
and the City Engineer.
[Added 5-22-2023 by Ord. No. 23-141]
Lots and structures with off-street parking that is non-conforming
may continue to be maintained, repaired, reconstructed, improved,
and expanded subject to review by the Code Enforcement Officer. If
uses are proposed to be changed, the Code Enforcement Officer may
allow a continuation of non-conforming protections if the parking
requirement for the new use is equal to or less than the parking requirement
for the existing use.