Bucksport City Zoning Code
ARTICLE XI
Nonconformance
§ 100-69 General provisions.
It is the intent of this chapter to require all lots, structures and land uses to comply with the applicable standards in Articles VII, VIII, and IX. However, any nonconforming condition involving a lot of record, structure or land use may continue, provided that the condition is not subject to any changes required by this article, and the lot of record, structure or land use existed on the effective date of an ordinance that established a regulation causing the nonconforming condition. For the purposes of this section, "the effective date" means:
Thirty days after the adoption of the Shoreland Zoning Ordinance on July 30, 1992, or the date on which any subsequent amendment thereto became effective. These effective dates apply to lots, structures and land uses located in any shoreland district.
November 7, 1995, which is the date the citizens of Bucksport approved the adoption of the Land Use and Site Plan Ordinance, or the date on which any subsequent amendment thereto became effective. These effective dates apply to lots, structures and land uses located outside any shoreland district.
Thirty days after the adoption of this chapter, or the date on which any subsequent amendment thereto becomes effective. These effective dates apply to all lots, structures and land uses after it has been determined that the nonconforming condition is not subject to identification in accordance with the effective dates described in § 100-69A(1) or (2).
Any nonconforming lot may remain unchanged without regard to ownership, except as otherwise required in § 100-70.
Any nonconforming structure may remain unchanged without regard to ownership, except as otherwise required in § 100-71.
Any nonconforming use may remain unchanged without regard to ownership, except as otherwise required in § 100-72.
The normal upkeep and maintenance of any nonconforming lot, structure or use may be conducted without review or approval.
Except as otherwise provided for in this chapter, no change to any lot, structure or use may increase any nonconforming condition.
§ 100-70 Nonconforming lots.
Any lot of record that is undeveloped, vacant or contains no principal structures may be developed with a principal structure without regard to any nonconformity with minimum land area, lot width or frontage dimensional requirements, provided the following requirements are met:
Structures that require wastewater disposal are served by a public sewer or a subsurface wastewater disposal system in conformance with the State of Maine Subsurface Wastewater Disposal Rules.
Proposed structures are in compliance with all applicable setback, height and lot coverage dimensional requirements identified in Article IX, unless a variance is obtained from the Board of Appeals.
The proposed use of the lot is an allowed use in the applicable district and has all required approvals and permits.
In any shoreland district, if the lot is contiguous with one or more lots in the same ownership, the lots are combined to the extent necessary to comply with the dimensional requirements applicable to the proposed use, except as provided for in § 100-70B, and except as may otherwise be required in accordance with § 100-70C(2). If no dimensional requirements apply to the use of the lots or no use is proposed, and the lots are not subject to the requirements of § 100-70B or C(2), the lots must be combined to meet the least restrictive minimum dimensional requirements of the district in which they are located, as identified in § 100-61A and C.
In the IDO, LRO, LRPO, RPO, RT1S, SPO and TBO Shoreland Districts, contiguous lots in the same ownership, at least one of which is nonconforming, are not subject to the requirements of § 100-70A(5) if the following requirements are met:
The lots were in the same ownership on July 30, 1992.
The lots contain or are reconfigured to contain at least 100 feet of shoreline frontage and 20,000 square feet of lot area.
The lots are served by public sewer or by a subsurface wastewater disposal system in conformance with the State of Maine Subsurface Wastewater Disposal Rules, if usage of the lot requires wastewater disposal.
Any lot of record that is developed with a single principal structure or principal use and that does not comply with the minimum land area, lot width or frontage dimensional requirements for that structure or use may continue, subject to compliance with the following requirements:
The lot and principal structure or use was in existence on the relevant effective date identified in § 100-69A.
In any shoreland district, any such lot that is contiguous with an undeveloped lot in the same ownership must be combined with the undeveloped lot to the extent necessary to comply with the dimensional requirements applicable to the existing use.
Any such lot and one or more contiguous lots in the same ownership that are each developed with a principal structure or use may be conveyed separately or together. Structures on these lots that require wastewater disposal must be served by a public sewer or a subsurface wastewater disposal system in conformance with the State of Maine Subsurface Wastewater Disposal Rules. The lots must also be in compliance with the requirements of 12 M.R.S.A. §§ 4807-A through 4807-D (the State Minimum Lot Size Law), if applicable.
Any lot of record that is developed with two or more principal structures or principal uses and that does not comply with the minimum land area, lot width or frontage dimensional requirements for those structures or uses may be divided into individual lots for each principal structure or use, subject to compliance with the following requirements:
The lot and principal structures or uses were in existence on the relevant effective date identified in § 100-69A.
The lots created must comply with applicable dimensional requirements in Article IX to the greatest practical extent, and they must comply with the State Minimum Lot Size Law, if applicable.
Structures that require wastewater disposal must be served by a public sewer or a subsurface wastewater disposal system in conformance with the State of Maine Subsurface Wastewater Disposal Rules.
The lot divisions must obtain subdivision approval, if required.
If a principal structure or use is destroyed or removed from a lot subject to the requirements in § 100-70D, the land previously occupied by the destroyed or removed structure or use must be merged with the newly created lots to satisfy § 100-70D(2). The destroyed or removed principal structure or use may not be replaced or reestablished.
§ 100-71 Nonconforming structures.
Addition or expansion.
Any nonconforming principal or accessory structure may be added to or expanded subject to compliance with the applicable lot coverage limits in § 100-61H and the following restrictions, as applicable:
Any structure or portion thereof located less than 100 feet from the shoreline of a great pond or a river flowing to a great pond may be expanded to the extent that the total combined floor area of all structures or portions thereof so located, including expansions, is no greater than 1,500 square feet. Of that amount, no more than 2/3 of the floor area may be located less than 75 feet from the same referenced shoreline.
The total combined floor area of all structures or portions thereof, including expansions, located less than 75 feet from the shoreline of all other water bodies, tributary streams or the upland edge of any wetland may be no greater than 1,000 square feet.
The maximum height of any structure or portion thereof located less than 100 feet from the shoreline of a great pond or a river flowing to a great pond may be no higher than 25 feet or the height of the existing structure, whichever is greater. The height of any structure or portion thereof located less than 75 feet from the same referenced shoreline may be no higher than 20 feet or the height of the existing structure, whichever is greater.
The maximum height of any structure or portion thereof located less than 75 feet from the shoreline of all other water bodies, tributary streams or wetlands may be no higher than 20 feet or the height of the existing structure, whichever is greater.
No structure or portion thereof located less than 25 feet from the shoreline of any water body, tributary stream or upland edge of a wetland may be expanded.
No accessory structure located closer to the shoreline of a water body, tributary stream or wetland than the principal structure may be expanded.
An approved plan for the expansion of a nonconforming structure must be recorded by the property owner with the Hancock County Registry of Deeds within 90 days of the date 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 reviewing authority.
The construction, expansion or replacement of a foundation beneath any nonconforming structure is subject to Level 1 review. In any shoreland district, the structure and new or expanded foundation must be placed such that the setback requirement is met to the greatest practical extent as determined by the reviewing authority, based on the criteria specified in § 100-71G. For the purposes of determining compliance with § 100-71A, a constructed, expanded or replaced foundation that does not extend beyond the exterior dimensions of the structure and does not elevate the structure by more than three additional feet, as measured from the uphill side of the structure, is not considered an expansion of the structure.
Any nonconforming structure may be relocated within the boundaries of the parcel on which it is located, subject to approval of the reviewing authority identified in § 100-22. Before approval may be granted, the reviewing authority must determine that:
The site of relocation conforms to all setback and other dimensional requirements to the greatest practical extent, based on the criteria specified in § 100-71G.
If applicable, the structure is served by a public sewer service or a subsurface wastewater disposal system that complies with all applicable rules, regulations and laws.
The site of relocation does not cause the structure to be more nonconforming or create any other nonconforming condition.
Any nonconforming structure requiring minor rehabilitation may be rehabilitated without being subject to compliance with dimensional standards. The rehabilitated structure may not increase or create any nonconforming condition. In any shoreland district, minor rehabilitation is subject to Level 1 review. An application must be submitted to the Code Enforcement Officer within one year of the date the damage, destruction or removal requiring minor rehabilitation occurred.
In any shoreland district, any nonconforming structure that requires major rehabilitation for any reason may be rehabilitated or replaced, subject to the following restrictions:
If it is determined by the reviewing authority that the total amount of floor area of the original structure could comply with the required setback, no portion of the rehabilitated or replacement structure may be located at less than the required setback.
Except as provided for in § 100-71E(1), the rehabilitated or replacement structure must conform with dimensional requirements to the greatest practical extent based on the criteria specified in § 100-71G.
If the rehabilitated or replacement structure is allowed to be located at less than the required setback, it may not be any larger than the original structure, except as provided for in § 100-71A.
An application for a permit must be submitted to the Town within 18 months of the date of the removal, damage or destruction requiring major rehabilitation.
In any nonshoreland district, any nonconforming structure that requires major rehabilitation for any reason may be rehabilitated or replaced, subject to the following restrictions:
The rehabilitated or replacement structure must conform with dimensional requirements to the greatest practical extent based on the criteria specified in § 100-71G.
If the rehabilitated or replacement structure is allowed to be located at less than the required setback, no expansion of the structure may increase any nonconforming condition.
An application for a permit must be submitted to the Town within 18 months of the date of the damage or destruction requiring major rehabilitation or the date the original structure was removed.
In determining whether a nonconforming structure's relocation meets the setback to the greatest practical extent, the reviewing authority must consider the following factors:
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 physical condition and type of foundation present, if any.
The location of the septic system and other on-site soils suitable for septic systems.
The type and amount of vegetation to be removed in a shoreland district to accomplish the relocation.
In any shoreland district, when it is necessary to remove vegetation within any shoreline setback area in order to relocate, reconstruct or replace a nonconforming structure, replanting of native vegetation to compensate for the destroyed vegetation is required. In addition, the area from which the relocated structure was removed must be replanted with vegetation. Replanting must meet the following requirements:
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 may make up more than 50% of the number of trees planted. Replaced trees must be planted no further from the shoreline than the trees that were removed.
Other woody and herbaceous vegetation and ground cover that is 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 shoreline setback area. The vegetation and/or ground cover must consist of similar native vegetation and/or ground cover that was disturbed, destroyed or removed.
When a structure is relocated on a parcel, the original location of the structure must be replanted with vegetation, where feasible. The vegetation may consist of grasses, shrubs, trees, or a combination thereof.
§ 100-72 Nonconforming uses.
Nonconforming uses of land or structures may not be expanded, except:
A nonconforming residential use may be expanded in an existing structure or addition to the structure, subject to Level 1 review and approval. An expansion of a nonconforming residential use in the RPO District is subject to Level 2 review and approval.
A nonconforming commercial or noncommercial use may be expanded in any nonshoreland district, subject to review and approval, as identified in § 100-20.
Any expansion that may be allowed, as identified in § 100-72A(1) or (2), may not create or increase any dimensional nonconformity.
Nonconforming uses of land or structures may not be reestablished after being discontinued or superseded by a conforming use, except:
A nonconforming use that has been discontinued for less than one year and not superseded by a conforming use may be reestablished without review or approval.
A nonconforming use that has been discontinued for at least one year but less than two years and not superseded by a conforming use may be reestablished subject to approval in accordance with § 100-18.
A nonconforming residential use may be resumed without consideration of any time limitations, provided the previously existing interior dwelling features of the structure to be reoccupied have not been removed and the occupancy complies with the applicable requirements of Chapter 29, Building Construction.
An existing nonconforming use may be replaced with another nonconforming use subject to Level 2 review.
In addition to determining compliance with the applicable standards in Article VII, if the new nonconforming use is located in any shoreland district, the Planning Board must determine that it 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. In making its determination, 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.