Belfast City Zoning Code
ARTICLE III
Nonconformance
Sec. 102-211 Generally.
[Ord. No. 28-1997, § 201.0, 3-4-1997]
Any use of buildings, structures, premises, land or parts thereof legally existing at the effective date of the ordinance from which this chapter is derived and made nonconforming by the provisions of this chapter or any amendments thereto may be continued as legally nonconforming uses, subject to the provisions of this article. Notwithstanding any provisions in this article to the contrary, no existing yard sale or yard sale operation shall be construed as being allowed as a nonconforming use which may be continued unless otherwise in accordance with the provisions of this chapter relating to yard sales.
Sec. 102-212 Abandonment of nonconforming use.
[Ord. No. 28-1997, § 202.0, 3-4-1997]
If any nonconforming use ceases for any reason for a period of one year or more, any subsequent use shall conform to the provisions of this chapter, unless specifically excepted in this chapter.
Sec. 102-213 Change of nonconforming use to permitted use.
[Ord. No. 28-1997, § 203.0, 3-4-1997]
Whenever a nonconforming use is changed to a permitted use, the use of the land shall not thereafter revert to a nonconforming use, notwithstanding any other provisions of this article.
Sec. 102-214 Type 1 nonconformity.
[Ord. No. 28-1997, § 204.1, 3-4-1997]
(a)
A type 1 nonconformity is a legal nonconformity with regard to the use of, or activity undertaken upon a property. Except as provided in this chapter, such nonconforming use shall not be expanded so as to increase the portion of a property or structure located thereon used for such a nonconforming use or activity.
(b)
An application to expand a legally nonconforming business or commercial use that would increase the presently used legally nonconforming use by up to 25% of the area presently in nonconforming use shall be approved by the Planning Board if all of the following conditions are met:
(1)
The expansion will not result in unsafe or unhealthful conditions either in the structure or in an area lying within a three-hundred-foot radius of the proposed expansion;
(2)
The parking needs generated by such expansion can and will be met by off-street parking on the premises. It is the intent of this provision to assess only the parking needs of the expansion and not the adequacy of parking or availability of parking of the existing legally nonconforming use;
(3)
The character of the appearance of the exterior of the structure containing the use shall not be substantially changed; and
(4)
The expansion shall take place within an existing structure and shall not involve changing the footprint of the structure in which the use takes place.
Sec. 102-215 Type 2 nonconformity.
[Ord. No. 28-1997, § 204.2, 3-4-1997; Ord. No. 67-1998, 4-21-1998]
(a)
A type 2 nonconformity involves a situation in which the existing use of a property is legally conforming or legally nonconforming; however, some portion of a legally existing structure located upon the property is legally nonconforming with regard to the standards set forth for each district in article V of this chapter.
(b)
No structure or use which is nonconforming with regard to height may be expanded or increased with regard to such existing nonconforming height.
(c)
A vacant existing lot of record as of July 26, 1985, which does not meet the area and/or frontage requirements of the district wherein located may be built upon, provided that relief from the standard district lot line setbacks is granted, provided that no setback shall in any circumstance be less than eight feet.
(d)
Any dwelling structure or accessory building on an existing conforming or nonconforming lot of record as of July 26, 1985, may be expanded or enlarged, provided the following conditions are met:
(1)
The expansion shall not bring any portion of such structure any closer to a lot line than the existing nonconforming structure. This provision shall not, however, prevent an upward expansion of an existing structure, provided such upward expansion is no closer to a lot line than the existing nonconforming structure setbacks; and
(2)
An expansion of a structure constructed within what would normally be required for a lot line setback shall be limited during the lifetime of the structure or replacement structure to a twelve-foot extension of the existing nonconforming structure or 30% of the usable area of the structure, whichever is greater.
Sec. 102-216 Type 3 nonconformity.
[Ord. No. 28-1997, § 204.3, 3-4-1997]
(a)
A type 3 nonconformity is a vacant lot which is legally nonconforming with regard to dimensional requirements or area required by this chapter.
(b)
A lot with a type 3 nonconformity may be built upon, provided that relief from the standard district lot line setbacks is granted, provided that no setback in any circumstance shall be less than eight feet.
Sec. 102-217 Type 4 nonconformity.
[Ord. No. 28-1997, § 204.4, 3-4-1997]
A type 4 nonconformity is an existing commercial or industrial structure on a conforming lot of record or a legally nonconforming lot of record, which structure is legally nonconforming with regard to setbacks. Such structures may be expanded, provided the expansion will meet all of the setbacks that are applicable to the district. This provision shall not prevent an upward expansion of the original structure, provided the height limit in the district shall not be exceeded and provided such upward expansion is no closer to a lot line than the existing nonconforming structure setbacks.
Sec. 102-218 Type 5 nonconformity.
[Ord. No. 28-1997, § 204.5, 3-4-1997; Ord. No. 14/15-2000, 8-15-2000]
A type 5 nonconformity is an expansion of a legally nonconforming use located in the General Purpose "A" District, General Purpose "B" District, Residential/Agricultural I District, Residential/Agricultural II District, Protection Rural District and Airport Growth Districts, and that section of the Residential Growth District that is located west of the Route One By-Pass. Any such expansion shall be approved as provided in section 102-103, provided that the expansion does not include land which has been acquired after the enactment of the ordinance from which this chapter is derived, March 14, 1995, and provided that all applicable standards are met.
Sec. 102-219 Public hearing on application for change, expansion or replacement of use.
[Ord. No. 28-1997, § 205.0, 3-4-1997; Ord. No. 42-1997, 4-15-1997]
Whenever the Planning Board receives an application for a change, expansion or replacement of an existing legally nonconforming use, the Planning Board shall hold a public hearing before deciding on the application. At least 13 days prior to the hearing, the applicant shall give written notice of the nature of the application and the time and date of the public hearing to owners of land lying within a one-hundred-fifty-foot radius of the proposed expansion of the land on which the nonconforming use exists. It shall be the responsibility of the applicant to identify the owners of land entitled to notice under this section.
Sec. 102-220 Fees.
[Ord. No. 28-1997, § 206.0, 3-4-1997]
Fees for permits under this article shall be established by the City Council. Fees shall be nonrefundable and shall be paid upon application for the permit.
Sec. 102-221 Illegal lots.
[Ord. No. 28-1997, § 207.0, 3-4-1997]
A lot created subsequent to the enactment of the ordinance from which this chapter is derived which does not meet both the dimensional requirements and acreage requirements of this chapter is declared to be illegal. Additionally, any lot previously created which was illegal when created due to the failure of such lot to meet the dimensional requirements or acreage requirements of the then-existing ordinance continues to remain an illegal lot. No permit shall be approved for an illegal lot.
Sec. 102-222 Replacement of legally nonconforming structure.
[Ord. No. 28-1997, § 208.0, 3-4-1997]
The Planning Board may grant permission for the replacement of a nonconforming structure, provided the following criteria are met:
(1)
A nonconforming structure may be replaced within one year of the structure being destroyed, removed or deemed unsafe by the code enforcement officer;
(2)
The replacement shall not be located on the property owned by an abutter or within the limits of the road right-of-way;
(3)
The replacement structure shall not constitute an expansion of a nonconforming use; and
(4)
The replacement structure shall not involve an increase of a nonconforming height of the structure being replaced.
Sec. 102-223 Nonconformity resulting from governmental action.
[Ord. No. 12-2005, 8-3-2004]
Any structure, lot or use of land that conforms to the provisions of this article as of the effective date of adoption or amendment of the provision or requirement concerned, but is subsequently made nonconforming as to that provision or requirement as a result of a governmental action (including any municipal or state road project, property purchase, or eminent domain acquisition), shall be treated as a legally existing nonconformity as to that provision or requirement in accordance with this chapter.