Except as hereinafter specified, no building,
structure or land shall hereafter be used or occupied and no building
or structure or part thereof shall hereafter be erected, constructed,
moved or altered unless in conformity with all of the regulations
herein specified for the zone in which it is located.
A.
General.
(1)
Continuance, enlargement and reconstruction. Any nonconforming
use or structure may be continued but may not be extended, reconstructed,
enlarged or structurally altered except as specified by this chapter
or as required by federal, state or local codes, rules or laws.
[Amended 5-18-2016 STM, Art. 11]
(2)
Transfer of ownership. Nonconforming structures, nonconforming
lots of record and nonconforming uses 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.
(3)
Restoration or replacement.
(a)
This chapter allows the normal upkeep and maintenance
of nonconforming uses and structures; repairs, renovations or modernizations
which do not involve expansion of the nonconforming use or structure;
and such other changes in a nonconforming use or structure as federal,
state or local building and safety codes may require.
(b)
Any nonconforming use or structure which is
hereafter damaged or destroyed by fire or any cause other than the
willful act of the owner or his agent may be restored or reconstructed
within one year of the date of said damage or destruction, provided
that:
(c)
Nothing in this section shall prevent the demolition
of the remains of any building so damaged or destroyed.
B.
Nonconforming use.
(1)
Resumption prohibited. A building or structure in which a nonconforming
use is discontinued for a period exceeding two years, or which is
superseded by a conforming use, may not again be devoted to a nonconforming
use, even if the owner has not intended to abandon the use. In the
LV, MV, VC, LI, R4 and BP2 Zones, a building or structure in which
a nonconforming use is discontinued for a period exceeding one year,
or which is superseded by a conforming use, may not again be devoted
to a nonconforming use, even if the owner has not intended to abandon
the use.
[Amended 5-20-2009 STM, Art. 15]
(2)
A structure nonconforming as to use. Except for single-family
dwellings, a building or structure, nonconforming as to use, shall
not be enlarged unless the nonconforming use is terminated. Single-family
dwellings, which are nonconforming uses, may be enlarged as long as
the dimensional requirements of the district in which they are located
are met. A nonconforming use or part of a building or structure shall
not be extended throughout other parts of the building or structure
unless those parts of the building or structure were manifestly arranged
or designed for such use prior to the adoption of this chapter or
of any amendment making such use nonconforming.
(3)
Change of use. A nonconforming use may be changed to another nonconforming use only when the Board of Appeals determines, pursuant to the procedures of Article X of this chapter, that the impact of the new use on adjacent properties and the Town is less adverse than the former use and that the existing use was legally established, was made nonconforming by the adoption or amendment of Chapter 225 and is not a home occupation. In making this determination, the Board shall consider traffic, hours of operation, amount and location of parking, lighting, noise, odors, vibrations, dust, smoke, air discharges, rate of surface water runoff and the potential for erosion. Once the Board of Appeals has changed the use as described above, the former nonconforming use shall be considered abandoned. In the LV, MV, VC, LI, R4 and BP2 Zones, any change of use shall be to a conditional or permitted use for that zone.
[Amended 5-16-2001 STM, Art. 27; 5-20-2009 STM, Art. 15]
(4)
Use of land.
(a)
A nonconforming use of land may not be extended
into any part of the remainder of a lot of land. A nonconforming use
of land which is accessory to a nonconforming use of a building shall
be discontinued at the same time the nonconforming use of the building
is discontinued.
(b)
In the case of earth removal operations, the
removal of earth may not be extended as a nonconforming use beyond
the required setback lines of the specific parcel upon which such
operations were in progress when such use became nonconforming. Adjacent
parcels in the same or different ownership shall not be eligible for
exemption under the nonconforming use provisions unless earth removal
operations were in progress on these parcels before these provisions
were enacted. The provision of required off-street parking for an
existing nonconforming use shall not be considered the expansion of
said use.
C.
Nonconforming structures. (This subsection pertains
to dimensional requirements. Applications regarding nonconforming
use shall be reviewed under the provisions above.)
(1)
Enlargements controlled.
(a)
An existing structure that does not meet one
or more of the dimensional requirements of the zone may be expanded
vertically and horizontally as long as the expansion does not increase
the nonconformity of the existing structure or create a new nonconformity.
[Amended 1-23-2008 STM, Art. 2; 5-18-2016 STM, Art. 11]
(b)
The addition of an open patio with no structures
elevated above ground level shall not constitute the expansion of
a nonconforming structure, except in the shoreland zone. The addition
of steps or the enclosure of an existing porch shall not constitute
the expansion of a nonconforming structure. But the addition of a
deck shall constitute the expansion of a nonconforming structure and
shall meet all the dimensional requirements of this chapter.
[Amended 6-1-1993 STM, Art. 20]
(c)
The placing of a foundation below a lawfully
existing nonconforming structure shall not constitute the expansion
of the structure so long as the first floor space of the structure
is not increased.
(d)
Construction or expansion of a foundation under
an existing dwelling which expands habitable space shall be considered
an expansion and shall be subject to the state plumbing laws (30 M.R.S.A.
§ 3221, Subsection 4)[1] requiring new soils documentation.
[1]
Editor's Note: 30 M.R.S.A. § 3221
was repealed by Chapter 737 of the Laws of 1987. See now 30-A M.R.S.A.
§ 4201.
(2)
Discontinuance. Discontinuance of the use of a legally
existing nonconforming structure shall not constitute abandonment
of the structure. Conforming use of the structure may be commenced
at any time.
(3)
Lack of required parking or loading space. A building
or structure which is nonconforming as to the requirements for off-street
parking and/or loading space shall not be enlarged, added to or altered
unless off-street parking and/or loading space is provided to bring
parking and/or loading space into conformance with the requirements
of this chapter for both the addition or alteration and for the original
building or structure, or a variance is obtained.
(4)
Conditional use. Existing nonconforming structures
may receive conditional use approval in accordance with state law
and the provisions of this chapter, notwithstanding the fact that
the existing structure may not be in conformance in regards to setbacks,
building height and lot coverage.
D.
Nonconforming lots of record.
(1)
Vacant lots. A vacant nonconforming lot may be built
upon, provided that such lot is in separate ownership and not contiguous
with any other vacant lot in the same ownership, and that all provisions
of this chapter except lot size and frontage can be met. Variance
of setback or other requirements not involving area or width shall
be obtained only by action of the Board of Appeals.
(2)
Built lots. A nonconforming lot that was built upon
prior to the enactment or subsequent amendment of this chapter is
subject to the following restrictions. The structure(s) may be repaired,
maintained or improved, and may be enlarged in conformity with all
dimensional requirements of this chapter except lot area, lot width
or lot frontage. If the proposed enlargement of the structure(s) cannot
meet the dimensional requirements of this chapter a variance shall
be obtained from the Board of Appeals.
(3)
Contiguous built lots. If two or more contiguous lots
or parcels are in single or joint ownership of record at the time
of adoption of this chapter, if all or part of the lots do not meet
the dimensional requirements of this chapter, and if a principal use
exists on each lot, the nonconforming lots may be conveyed separately
or together, provided that the State Minimum Lot Size Law[2] and Plumbing Code are complied with. If two or more principal
uses existed on a single lot of record on the effective date of this
chapter, each may be sold on a separate lot.
[2]
Editor's Note: See 12 M.R.S.A. § 4807
et seq.
(4)
Contiguous lots, vacant or partially built. If two
or more contiguous lots or parcels are in single or joint ownership
of record at the time of or since adoption or amendment of this chapter,
if either or both of these lots do not individually meet the dimensional
requirements of this chapter or subsequent amendments, and if one
or more of the lots are vacant or contain only an accessory structure,
the lots shall be combined to the extent necessary to meet the dimensional
standards, except where rights have vested, or the lots have frontage
on the parallel streets and state laws are complied with.
E.
Vested rights. Nonconforming use rights cannot arise by the mere filing of a notice of intent to build, an application for building permits or an application for required state permits and approvals. Such rights arise when actual construction has begun, or in the case of pending applications, when the review process on a complete application commences. Such construction must be legal at the time it is commenced and the owner must be in possession of and in compliance with all validly issued permits, both state and local. An application shall be deemed complete when so designated by a formal vote of the Planning Board after review by the criteria stated in Article IX and the performance standards contained in this chapter.
