Nonconforming vacant lots of record which are part of a land subdivision approved by the Mechanic Falls Planning Board, recorded in the Androscoggin County Registry of Deeds at the time of ordinance enactment, and not located in a shoreland area, may be built upon, provided that dimensional requirements governing the placement of structures are met and that all other requirements of this chapter and state law are met.

Any other nonconforming vacant lot of record 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, lot width or lot frontage can be met. Variance of setbacks or other requirements not involving area, width or frontage must be obtained only by action of the Board of Appeals.

If two or more contiguous lots or parcels of record are in the same single or joint ownership on or after the effective date of this chapter or applicable amendment, and if either or both of these lots do not individually meet the dimensional requirements of this chapter or amendments, and either or both of the lots are vacant or contain only an accessory structure, the lots shall be combined to the extent necessary to meet all dimensional standards, except where rights have been vested.

A nonconforming lot of record that was built upon prior to the enactment 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 must be obtained from the Board of Appeals.

If two or more contiguous lots or parcels of record are in the same single or joint ownership on or after the enactment or applicable amendment of this chapter and if either or both of these 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 in accordance with the State Minimum Lot Size Law[1] and State Plumbing Code.

Foundations. Construction or enlargement of a foundation beneath the existing structure is not considered an expansion of the structure, provided that the completed foundation does not extend beyond the existing dimensions of the structure.

Setbacks from lot lines and high-water line. No structure which is less than the required setback from a property line, or the normal high-water line of a water body, or the upland edge of a wetland may be expanded toward the property line or the water body or wetland.

A nonconforming structure may be relocated within the boundaries of the parcel on which the structure is located, provided that the site of relocation conforms to all setback requirements to the greatest practical extent as determined by the CEO, and provided that the applicant demonstrates that the present subsurface wastewater disposal system meets the requirements of state law and the State of Maine Subsurface Wastewater Disposal Rules,[2] or that a new system can be installed in compliance with the law and said rules. In no case may a structure be relocated in a manner that causes the structure to be more nonconforming.

In determining whether the building relocation meets the setback to the greatest practical extent, the Planning Board must consider, among other factors, the size of the lot, the slope of the land, the potential for soil erosion, the location of the septic system and other on-site soils suitable for septic systems, and the type and amount of vegetation to be removed to accomplish the relocation.

Any nonconforming structure which fails to meet the dimensional requirements of this chapter, and which is removed or damaged or destroyed by more than 50% of the market value of the structure before such damage, destruction or removal, may be reconstructed or replaced within one year of the date of said damage, destruction or removal. The CEO may grant up to two one-year extensions for good cause shown. Such reconstruction or replacement must be in compliance with the setback requirements to the greatest practical extent as determined by the CEO. In no case may a structure be reconstructed or replaced so as to increase its nonconformity.

Any nonconforming structure which is damaged or destroyed by 50% or less of the market value of the structure, excluding normal maintenance and repair, may be reconstructed in place with a permit from the CEO.

In determining whether the building reconstruction or replacement meets the water setback to the greatest practical extent, the CEO shall consider, in addition to the criteria in Subsection D(2) above, the physical condition and type of foundation present, if any.

An existing nonconforming use may be changed to another nonconforming use, provided that the Planning Board finds, after receiving a written application, that the proposed use is equal, or more appropriate, to the district than the existing nonconforming use, and that the proposed use will have no greater adverse impact on adjacent properties and resources than the existing use.

The determination of appropriateness must include consideration of the probable changes in traffic (volume and type), parking, noise, potential for litter, wastes or by-products, fumes, odors, or other nuisances likely to result from such change of use.