A nonconforming structure, use, or lot is permitted to continue as it existed prior to the date such structure, use, or lot became nonconforming under the provisions of this Ordinance, as amended.

Effective on: 12/9/2013

Except as provided in this subsection, a nonconforming structure or use shall not be extended or enlarged in any manner except as may be permitted as a variance. The following requirements shall apply to expansion or enlargement of structures which are nonconforming solely due to lot size, lot width, lot frontage, lot coverage, height, or setback requirements. Any lot located in RA that is not located in the WVOD and is at least 5,000 square feet in area shall be considered conforming with regard to lot size for the purposes of this section.[Amended 1/24/00; 7/11/2016]  

1. a.
   Except for lots located in the Water View Overlay District the extension, enlargement, or construction of a single family detached dwelling, two-family dwelling, or residential detached accessory structure which is nonconforming solely due to lot size, lot width, lot frontage, lot coverage, height, or setback requirements, is permitted provided the extension, enlargement, or construction is not located between the lot lines and the required setback lines and does not compound nor create a lot coverage or height violation. [Amended 10/25/04; 7/24/06; 5/30/12; 7/22/13] 
2. b.
   The Board of Zoning Appeals may permit:  the extension or enlargement of a single family detached dwelling; two-family dwelling; residential accessory structure located ten (10) feet or greater from a property line; or the development of a residential accessory structure as a conditional use in accordance with Section 19-119 and 19-123 where a lot size, lot width, lot frontage, lot coverage, height or setback nonconformity exists provided the following criteria are met [Amended 10/25/04; 7/22/13]:

   1. 1.
      Shall not increase lot coverage above 50%; and,
   2. 2.
      If the existing structure is nonconforming in relation to setbacks, the new structure shall not extend closer to the lot lines than the existing structure; and shall not create or compound a violation of the height restrictions in Section 19-53. [Amended 7/24/06; 7/22/13], and
   3. 3.
      No part of the extension or enlargement of the structure may be closer than ten (10) feet from any lot line [Amended 7/22/13].
3. c.
   The Board of Zoning Appeals may permit as a conditional use in accordance with Section 19-119 and 19-123, the extension or enlargement of a multi-family dwelling subject to the following requirement: No part of the extension or enlargement of a multi-family dwelling may be closer than twenty (20) feet from all property lines and thirty (30) feet from dwellings on any adjoining lot. [Amended 10/25/04; 7/25/22]
4. d.
   A structure other than a single family detached dwelling, a two-family dwelling, or a multi-family dwelling which is nonconforming due to lot size, lot width, lot frontage, lot coverage, height or setback requirements, may be expanded or enlarged subject to Site Plan Review under Div. II-19-1-9, provided that the extension or enlargement is not located between the lot lines and the required setback lines, and does not compound nor create a lot coverage or height violation. [Amended 1/24/00][Amended 8/26/13; 7/25/22]
   
   Any single family detached dwelling located in the R1N, MUC, or VC Districts, which is nonconforming solely because of its use, may be expanded or enlarged in accordance with the preceding requirements. [Amended, 12/22/86; 5/13/13; 7/22/13; 7/25/22]

Effective on: 7/11/2016

Once converted to a conforming structure, use, or lot, no structure, use, or lot shall revert to a nonconforming status.

Effective on: 12/9/2013

The change of a use, which is nonconforming because it is not allowed either as a permitted or conditional use in the district in which it is located, to another nonconforming use may be permitted by the Board of Zoning Appeals as a conditional use subject to the requirements of subsection 19-119 and 19-123, and after finding by the Board that the proposed use will be an improvement over the prior use in terms of the standards set forth in subsections 19-119 and 19-123.

Effective on: 12/9/2013

1. Any nonconforming structure or portion thereof that is unintentionally damaged or destroyed by accident or by malicious acts of persons other than the property owner shall only be rebuilt or replaced subject to the requirements of this subsection:
   1. For nonconforming structures located outside of the Shoreland Zone, the destroyed or damaged structure may be replaced or rebuilt with approval of the Zoning Board of Appeals, provided that the exterior dimensions of the reconstruction are no larger than the dimensions of the structure prior to the destruction or damage. Damaged or destroyed structures that are rebuilt under this subsection shall not be subject to the provisions of the Zoning Ordinance for lot size, lot width, lot frontage, lot coverage, or height limitations, but the new structure shall be placed on the lot such that the setback requirements are met to the greatest extent practical, even if this means that a new foundation must be installed.
   2. As required by state law, for nonconforming structures located in the Shoreland Zone a determination of the extent of damage shall be made to ascertain that the structure has been damaged to the extent of more than fifty (50%) percent of its value prior to the destruction or damage, and in making the determination of moving the building to meet setbacks to a water body, tributary stream or wetland to the greatest practical extent, the Board shall consider the following factors [Amended 5/26/09]:
      1. The size of the lot;
      2. The slope of the land;
      3. The potential for soil erosion;
      4. The location of other structures on the property or on adjacent properties;
      5. The location of the septic system, if any, and other on-site soils suitable for septic system replacement;
      6. The type and amount of vegetation to be removed to accomplish the relocation; and,
      7. The type and condition of any foundation which may have been part of the original structure.
   3. When it is necessary to remove vegetation within the water or wetland setback area in order to relocate a structure, the Board of Zoning Appeals or its designee shall require replanting of native vegetation to compensate for the destroyed vegetation. In addition, the area from which the relocated structure was removed must be replanted with vegetation. Replanting shall be required as follows [Adopted 5/26/09]:
      1. Trees removed in order to relocate a structure must be replanted with at least one native tree, minimum three (3) feet in height, for every tree removed. If more than five trees are planted, no one species of tree shall make up more than 50% of the number of trees planted. Replaced trees must be planted no further from the water or wetland than the trees that were removed. [Adopted 5/26/09]
         
         Other woody and herbaceous vegetation, and ground cover, that are removed or destroyed in order to relocate a structure must be re-established. 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 setback area. The vegetation and/or ground cover must consist of similar native vegetation and/or ground cover that was disturbed, destroyed or removed. [Adopted 5/26/09]
      2. Where feasible, when a structure is relocated on a parcel the original location of the structure shall be replanted with vegetation which may consist of grasses, shrubs, trees, or a combination thereof. [Adopted 5/26/09]
   4. Any non-conforming structure which is located less than the required setback from a water body, tributary stream, or wetland and which is removed by 50% or less of the market value, or damaged or destroyed by 50% or less of the market value of the structure, excluding normal maintenance and repair, may be reconstructed in place if a permit is obtained from the Code Enforcement Officer within one year of such damage, destruction, or removal. [Adopted 5/26/09]
2. Nothing in this provision shall prevent a property owner from taking temporary measures to protect a nonconforming structure or portion thereof, which is unintentionally damaged or destroyed, from further damage.
3. If the reconstructed or replacement structure is less than the required setback it shall not be any larger than the original structure, except as allowed pursuant to Section 19-86.a, as determined by the non-conforming floor area and volume of the reconstructed or replaced structure at its new location. If the total amount of floor area and volume of the original structure can be relocated or reconstructed beyond the required setback area, no portion of the relocated or reconstructed structure shall be replaced or constructed at less than the setback requirement for a new structure. When it is necessary to remove vegetation in order to replace or reconstruct a structure, vegetation shall be replanted in accordance with Section 19-80.a.3 above. [Adopted 5/26/09]

Effective on: 12/9/2013

If a nonconforming use or the use of a nonconforming structure or lot is discontinued for twelve (12) consecutive months, such use shall no longer be permitted.

Effective on: 12/9/2013

A nonconforming single vacant lot outside of the WVOD, and not adjoined by another vacant lot in common ownership, may be built upon subject to the lot coverage and setback requirements of this Ordinance for the district where located, provided that the owner can demonstrate that there is reasonable access to the site by emergency vehicles. For purposes of this Section 19-82, the term “vacant lot” shall mean a nonconforming lot that was vacant on and has remained vacant since the date the lot became nonconforming.¹ [Amended 10/25/04; 7/24/06; 5/30/12; 5/29/19]

Within the WVOD, a nonconforming single vacant lot not adjoined by another vacant lot in common ownership, may be built upon subject to the lot coverage and setback requirements of this Ordinance for the district where located, provided that the owner can demonstrate that there is reasonable access to the site by emergency vehicles and provided that that owner has conditional use approval from the Board of Zoning Appeals. For purposes of this Section 19-82, the term “vacant lot” shall mean a nonconforming lot that was vacant on and has remained vacant since the date the lot became nonconforming.¹ [Amended 5/30/12; 5/29/19]

¹ Notwithstanding the provisions of 1 M.R.S. §302, the amendments passed in Ordinance No. 127-2019 (effective 5/29/2019) shall apply retroactively and shall govern any and all actions, proceedings, and applications pending on or at any time after May 3, 2019 to the extent permitted by law.  Notwithstanding any other provision of this Ordinance, any lot created on or after May 3, 2019 must conform with the requirements of these ordinance amendments and any such lot that does not conform thereto shall not be deemed a legally nonconforming lot with respect to such requirements.

Effective on: 5/29/2019

Two or more nonconforming vacant adjoining lots in common ownership shall be consolidated to form one or more lots conforming so far as possible to the lot area and width requirements of this Ordinance. If possible, the lots shall be consolidated so that no nonconforming lot or lots are formed. The lot or lots so formed may be built upon as a matter of right, subject to the lot coverage and setback requirements of this Ordinance for the district where located, provided that the owner can demonstrate that there is reasonable access to the site by emergency vehicle.

Effective on: 12/9/2013

A non-conforming residential accessory structure less than ten (10) feet from a property line may be replaced or relocated provided that a conditional use approval is obtained from the Board of Zoning Appeals in accordance with Sections 19-119 and 19-123  and the following additional criteria are met: [Adopted 5/27/93] [Amended 7/24/06; 7/22/13]

1. The structure is not extended or enlarged in any manner; and,
2. The structure, as rebuilt, complies with all applicable fire safety codes; and,
3. The new structure shall be placed on the lot such that the setback requirements are met to the greatest extent practical as determined by the Board using the criteria set forth in section 19-80(a)(2).

Effective on: 12/9/2013

In addition to the prior sections dealing with non conforming structures, the following provisions shall apply to the expansion of nonconforming structures located in the Shoreland Zone subject to conditional use approval by the Board of Appeals [Adopted, 5/27/92]:

1. If any portion of a structure or an attached accessory structure is less than the required setback from the normal high-water line of a water body or tributary stream or upland edge of a designated wetland, that portion of the structure shall not be expanded in floor area or volume, by 30% or more, during its lifetime. If a replacement structure conforms with the requirements of Section 19-80, and is less than the required setback from a water body, tributary stream or wetland, the replacement structure may not be expanded if the original structure existing on January 1, 1989 had been expanded by 30% in floor area and volume since that date. [Amended 5/28/96; Amended 5/26/09]
   
   Construction or enlargement of a foundation beneath an existing structure need not be considered in the area or volume of expansion provided that the space within that foundation meets the definition of a cellar.
2. Whenever a new, enlarged, or replacement foundation is constructed under a non-conforming structure, the structure and new foundation must be placed such that the setback requirement is met to the greatest practical extent as determined by the Board of Zoning Appeals or its designee, basing its decision on the criteria specified in Section 19-80.a.2. If the completed foundation does not extend beyond the exterior dimensions of the structure, except for expansion in conformity with Section 19-86.a, and the foundation does not cause the structure to be elevated by more than three (3) additional feet, as measured from the uphill side of the structure (from original ground level to the bottom of the first floor sill), it shall not be considered to be an expansion of the structure. [Adopted 5/26/09]
3. Notwithstanding the height restriction of Section 19-77 b.(3), in the Residential "B" portions of the Shoreland Zone around Highland Lake, a foundation may be constructed under an existing structure [Amended, 5/27/93].
4. No structure which is less than the required setback from the normal high-water line of a water body or the upland edge of a designated wetland shall be expanded toward the water body or wetland.

Effective on: 12/9/2013

Sec. 19-84.1 Except for lots located in the Water View Overlay District the relocation or tear down either wholly or partially of a dwelling, dwellings or residential detached accessory structure which is nonconforming solely due to lot size, lot width, lot frontage, lot coverage, height, or setback requirements, is permitted provided the resulting structure(s) is not located between the lot lines and the required setback lines and does not compound nor create a lot coverage or height violation.

Effective on: 12/9/2013

Sec. 19-84.2 The Board of Zoning Appeals may allow by conditional use in accordance with Section 19-119 and 19-123, the relocation or replacement either wholly or in part of a dwelling, dwellings, or residential accessory structure located on a nonconforming lot. As a condition of the approval, the lot shall be consolidated with any adjoining lot or lots in common ownership and not occupied by a dwelling, to form one or more conforming lots so far as possible with regard to the lot area and width requirements of this Ordinance. The following additional criteria shall be met:

1. Shall not increase lot coverage above 50%; and,
2. If the structure(s) is nonconforming in relation to setbacks, the new structure(s) shall not extend closer to the lot lines than the existing structure(s) to be replaced; and
3. Shall not create or compound a violation of the height restrictions in Section 19-53. [Amended 7/24/06] ,and
4. No part of the extension or enlargement of the structure(s) may be closer than ten (10) feet from any property line, and
5. Two off-street parking spaces for each dwelling unit shall be provided.

Effective on: 12/9/2013