The use of land, building or structure, lawful at the time of adoption or subsequent amendment of this chapter, may continue although such use does not conform to the provisions of this chapter.

(T.M. of 11-2-82; T.M. of 6-26-85; T.M. of 11-23-85; T.M. of 11-4-86; T.M. of 4-21-87; T.M. of 3-19-88; T.M. of 12-20-89, (§ 401))

(a)

Application for extension or expansion of area or function shall be filed with the planning board in the same manner as for a conditional use permit. A nonconforming use may be expanded in area or function by building horizontally or vertically, adding to the volume of business, or increasing the range of goods or services by not more than 25 percent over any ten-year period. The planning board shall grant or deny such application for extension or expansion of a nonconforming use, with or without conditions, only after holding a public hearing on the matter. Such application, hearing and conditions shall be as set forth in article IV of this chapter.

(b)

The code enforcement officer may permit accessory uses and structures for existing residential use in the commercial/industrial district. Dimensional standards shall be the same as those for the suburban district in section 45-405.

(T.M. of 11-2-82; T.M. of 6-26-85; T.M. of 11-23-85; T.M. of 11-4-86; T.M. of 4-21-87; T.M. of 3-19-88; T.M. of 12-20-89, (§ 402))

(a)

Generally. A nonconforming use which is discontinued for a period of one year may not be resumed. The uses of the land, building or structure shall thereafter conform to the provisions of this chapter.

(b)

Rule of precedence. Whenever a nonconforming use is superseded by a permitted use of a structure, or structure and land in combination, such structure or combination of land and structure shall thereafter conform to the provisions of this chapter and the nonconforming characteristic or use may not thereafter be resumed.

(c)

Transfer of ownership. Ownership of land and structures which remain lawful but become nonconforming by the adoption or amendment of this chapter may be transferred, and the new owner may continue the nonconforming characteristics or uses subject to the provisions of this chapter.

(T.M. of 11-2-82; T.M. of 6-26-85; T.M. of 11-23-85; T.M. of 11-4-86; T.M. of 4-21-87; T.M. of 3-19-88; T.M. of 12-20-89, (§ 403))

(a)

If a single lot of record on the effective date of the adoption or amendment of this chapter does not meet the area, street frontage or setback requirements of the district in which it is located, it may be built on provided that such lot is in separate ownership and not contiguous with any other lot in the same ownership, that all other provisions of this chapter are met and it conforms with all state laws and regulations.

(b)

If two or more contiguous lots or parcels are in single ownership of record at the time of adoption or amendment of this chapter and if all or part of the lots do not meet the dimensional requirements of this chapter, the lands involved shall be considered to be a single parcel for the purposes of this chapter, and no portion of such parcel shall be built upon which does not meet dimensional requirements of this chapter. This subsection shall not apply to any subdivision approved by the planning board for which an approved plan was recorded in the county registry of deeds prior to the adoption of the ordinance from which this chapter is derived.

(c)

All setback, yard, residential density, lot coverage, height, use, and other basic requirements shall apply to nonconforming lots. In cases where it is not possible to comply with these and other zoning requirements, the following rules shall apply:

(1)

On lots smaller than 10,000 square feet, permitted lot coverage shall be at least 2,000 square feet or a maximum of 25 percent, whichever is greater in applicable cases.

(2)

A relaxation of up to 50 percent of lot coverage (for lots 10,000 square feet or greater) or setback standards may be permitted by, and consistent with, a practical difficulty variance granted by the board of appeals pursuant to article II of this chapter, after a public hearing, where the appellant establishes that strict application of the ordinance to the appellant and the appellant's property would cause a practical difficulty and when all of the following conditions exist:

a.

The need for a variance is due to the unique circumstances of the property and not to the general condition of the neighborhood;

b.

The granting of a variance will not produce an undesirable change in the character of the neighborhood and will not unreasonably detrimentally affect the use or market value of abutting properties;

c.

The practical difficulty is not the result of action taken by the applicant or a prior owner;

d.

No other feasible alternative to a variance is available to the applicant;

e.

The granting of a variance will not unreasonably adversely affect the natural environment; and

f.

The property is not located in whole or in part within shoreland areas as described in 38 M.R.S.A. § 435.

(3)

A relaxation of greater than 50 percent of lot coverage (for lots 10,000 square feet or greater) or setback standards may be permitted by, and consistent with, a hardship variance granted by the board of appeals after a public hearing.

(T.M. of 11-2-1982; T.M. of 6-26-1985; T.M. of 11-23-1985; T.M. of 11-4-1986; T.M. of 4-21-1987; T.M. of 3-19-1988; T.M. of 12-20-1989, (§ 404); T.M. of 6-8-2021(6), art. 32)

(a)

A nonconforming building or structure may be repaired, maintained or improved, but the area in nonconformance may not be extended or expanded except in conformity with sections 45-192 and subsection (b) of this section.

(b)

A building or structure not wholly nonconforming may be expanded in size along its conforming dimensions.

(c)

No structure or use which is at or less than the required setback shall expand towards property lines. However, a structure to be built upon an existing lot of record may meet the same front yard setbacks as adjoining lots provided that adjoining structures are within 200 feet, the board of appeals may clearly identify such setback, and the structure conforms with other performance standards found in this chapter.

(d)

Nothing in this chapter shall prevent any part of any building or structure declared unsafe by the code enforcement officer from being strengthened or restored to a safe condition.

(e)

Nonconforming structures or uses may be replaced or reestablished if destroyed by fire, flood or other casualty, provided that reconstruction or replacement is initiated within 12 months of the original destruction. A structure should be rebuilt in conformance with applicable requirements as provided in section 45-405. Otherwise, a nonconforming structure shall be rebuilt to its original dimensions only and may not be expanded in dimensions of nonconformance.

(T.M. of 11-2-82; T.M. of 6-26-85; T.M. of 11-23-85; T.M. of 11-4-86; T.M. of 4-21-87; T.M. of 3-19-88; T.M. of 12-20-89, (§ 405); T.M. of 12-15-93)