In interpreting and applying the sections of this chapter, they shall be held to be the minimum requirements for the promotion of health, safety, convenience and general welfare in the town. With the exception of the requirements of the historic overlay district (HO) which shall prevail over all other districts or subdistricts, whenever the requirements of this chapter conflict with or are inconsistent with another section of this chapter or any other lawfully adopted rules, regulations, or ordinances, the most restrictive or that imposing the higher standards shall govern.

(Ord. of 9-18-2001, § 4.1)

(1)

No land or water area shall be used; no building or structure shall be erected, altered, enlarged, rebuilt, moved or used; and no premises shall be used unless in conformity with the sections of this chapter except those existing which, by this chapter, become lawfully nonconforming.

(2)

Notwithstanding the requirements of subparagraph (1) above, the code enforcement officer may issue a permit allowing construction which does not conform to the minimum setback or building coverage requirements of this ordinance for the purpose of making a dwelling accessible to a person with a disability who resides in or regularly uses the dwelling. The code enforcement officer shall restrict any such permit solely to the installation of equipment or construction of structures (including railing, wall or roof systems needed for the safety or effectiveness of the structure) that are necessary for access to or egress from the dwelling by the person with a disability. The permit shall be limited in duration to the time the person with a disability resides in or regularly uses the dwelling. Disability under this subparagraph has the same meaning as physical handicap under Title 5, Section 4553 of the Maine Revised Statutes.

(Ord. of 9-18-2001, § 4.2.1; Ord. of 4-21-2009(4))

Land within the lines of a street, right-of-way or proposed right-of-way shown on a recorded subdivision plan which has not been vacated or deemed vacated by statute shall not be counted as part of a lot for the purpose of meeting the dimensional requirements of this chapter, even though the fee to such land may be in the owner of such lot.

(Ord. of 9-18-2001, § 4.2.2)

A single lot of record which, at the time of recording of its legal description in the county registry of deeds, met all minimum lot frontage and lot area requirements then applicable, but subsequently has become nonconforming as to the minimum lot frontage or lot area as a result of the passage of the ordinance from which this chapter derives or an amendment to this chapter may be built upon, provided that such lot is not owned by the same person as any other contiguous lot and provided that all other requirements of this chapter are met. Relief from such other requirements of this chapter may be granted only by the zoning board of appeals, only by a variance upon the showing of undue hardship, and only to the extent variances are available by the terms of this chapter.

(Ord. of 9-18-2001, § 4.2.3)

(a)

As used in this section the term "unimproved lot" includes any lot on which a seasonal structure, as defined in this chapter, is the principal structure or if the lot is occupied by an accessory use or structure as defined in this chapter.

(b)

If two or more contiguous lots are owned by the same person and if any of the lots do not meet the requirements for lot frontage or lot areas established by this chapter, the lots shall be merged to the extent necessary to create a lot which complies with the lot frontage and lot area requirements of this chapter, and no portion of the lots so merged which does not meet the lot area and lot frontage requirements of this chapter may be built upon or may be sold if such sale would result in separate ownership of the nonconforming portion. Relief from the requirements of this section can be granted only by the zoning board of appeals and only by variance upon a showing of undue hardship.

(c)

This section shall require merger only of the following:

(1)

Unimproved lot with one another; and

(2)

Unimproved lots with lots which are separately improved with a permanent yearround dwelling or a nonresidential principal structure.

(Ord. of 9-18-2001, § 4.2.4)

No building permit shall be issued for any principal building or principal structure and no principal building or principal structure shall be erected on any lot unless such lot has access from and the required street frontage on a street, as defined in section 78-1. No certificate of occupancy shall be issued for any principal building or principal structure and no principal building or principal structure shall be occupied on any lot which has its access and frontage on a private way until such private way has been constructed in compliance with the standards of chapter 74 pertaining to subdivisions and/or section 78-1414.

(Ord. of 9-18-2001, § 4.2.5; Ord. of 5-7-2002, § 4.2.5)

Except for multiple multifamily buildings approved by the planning board under site plan and/or conditional use review or as part of a planned mixed-use development under division 14 of article VI of this chapter, no lot shall be developed with more than one principal residential structure. Existing lots containing more than one principal residential building may be subdivided only if each subdivided lot remains in conformance with the existing space and bulk requirements for the zoning district in which it is located.

(Ord. of 9-18-2001, § 4.2.6)

Any use permitted in one zoning district of the town and not specifically prohibited in any other district shall be considered prohibited in such other districts. Any use not specifically allowed as either a permitted use or a conditional use is specifically prohibited. As new uses occur over time or existing uses are found to have been omitted, action allowing such shall be by amendment to this chapter.

(Ord. of 9-18-2001, § 4.4)

Any lawful use of buildings, structures, premises, or parts thereof existing at the effective date of the ordinance from which this chapter derives or amendment of this chapter and made nonconforming by this chapter or any amendment thereto may be continued although such use does not conform with this chapter or amendment thereto, subject to this division.

(Ord. of 9-18-2001, § 4.3.1)

Continuance of nonconforming use of land shall be subject to the following:

(1)

No such nonconforming use shall be enlarged or increased or extended to occupy a greater area of land than that occupied at the effective date of the ordinance from which this chapter derives or amendment of this chapter.

(2)

No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of the ordinance from which this chapter derives or amendment of this chapter.

(3)

If any such nonconforming use of land ceases for any reason for a period of more than two years, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.

(Ord. of 9-18-2001, § 4.3.2)

(a)

Continuance. Continuance of a nonconforming structure shall be subject to the following: No such nonconforming structure shall be altered or enlarged in a way which increases its nonconformity. A structure lawfully in existence prior to the effective date of the ordinance from which this chapter derives or subsequent amendment of this chapter, which does not meet the lot area or yard requirements of this chapter, may be repaired, maintained and improved. A legally nonconforming structure may be vertically expanded as defined in section 78-1, provided all of the following conditions are met:

(1)

The existing use of the structure is permitted in the district in which the structure is located.

(2)

The use of the structure does not change, unless the change is in compliance with all sections of this chapter, which apply to the new use.

(3)

There is no increase in the existing nonconformities and no new nonconformities are created. For the purpose of this subsection, vertical expansion of a structure as defined in section 78-1 shall not constitute an increase in the existing nonconformities.

(b)

Damaged nonconforming structures. Should any nonconforming structure be destroyed or damaged by any means beyond the owner's control, it shall be rebuilt or restored within a period of two years or thereafter conform with chapter. If damaged to an extent of 50 percent or more of current value, repairs shall be commenced within six months, and thereafter carried to completion within two years, or the structure shall be removed at the owner's expense.

(c)

Demolition and replacement of nonconforming structures. Should any nonconforming structure or portion thereof be demolished for any reason other than destruction or damage beyond the owner's control, it may be replaced within a period of two years or thereafter conform with this chapter. The replacement structure shall be solely within the footprint of the original structure and may be vertically expanded as allowed by section 78-178(a)(1) through (3). Any horizontal expansions or additions outside of the footprint of the original structure must conform to the space and bulk requirements for the zoning district where the structure is located.

(d)

Relocation of structures. Should any nonconforming structure be moved for any reason for any distance, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

(e)

Any nonconforming building or structure which existed on or before February 3, 1998 may continue to be used and occupied, even though its original construction may have violated the space and bulk requirements of the zoning ordinance in effect at the time of construction, if it appears from the town's records that:

(1)

A building permit was issued for the building or structure; and

(2)

Since February 3, 1998, there has been no expansion or enlargement of the building or structure or alteration of the dimensions of the lot on which the building or structure is located which increased the nonconformity beyond that existing on February 3, 1998.

(Ord. of 9-18-2001, § 4.3.3; Ord. of 4-21-2009(4))

(a)

Generally. No existing structure devoted to a nonconforming use shall be enlarged, extended, constructed, moved or structurally altered except in changing the use of the structure to a conforming use.

(b)

Extension of nonconforming use. Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the effective date of the ordinance from which this chapter derives or amendment of this chapter, but no such use shall be extended to occupy any land outside such building.

(c)

Superseded by permitted use. If a nonconforming use of a structure or premises is superseded by a permitted use for a period of one year, the nonconforming use shall not be thereafter resumed.

(d)

Cessation of use. If any such nonconforming use of a structure ceases for any reason for a period of more than two years, any subsequent use of such structure shall conform to the regulations specified by this chapter for the district in which such structure is located.

(Ord. of 9-18-2001, § 4.3.4)

Editor's note— An ordinance adopted January 21, 2020, repealed § 78-180, which pertained to appeals from restrictions on nonconforming uses and derived from Ord. of 9-18-2001, § 4.3.5.

When the planning board has authorized the issuance of a permit for a conditional use, the conditional use authorized in that particular case shall not be deemed a nonconforming use in the district in which it is located for the single property involved, only. An expansion of a conditional use shall be approved by the planning board pursuant to article VII of this chapter.

(Ord. of 9-18-2001, § 4.3.6)