It is the intent of this article to promote land use conformities, except that nonconforming conditions that existed before the effective date of this article or that are created by subsequent amendments to this article shall be allowed to continue, subject to the requirements set forth in this article. Except as otherwise provided in this article, a nonconforming condition shall not be permitted to become more nonconforming.

(Ord. No. 00-38, § 10.1, 3-13-00; Ord. No. 09-114, 6-8-09)

(a)

Transfer of ownership. Nonconforming structures, lots or uses may be transferred and the new owner may continue the nonconforming use or continue to use the nonconforming structure or lot subject to the provisions of this article.

(b)

Repair and maintenance. This article allows, without a permit, the normal upkeep and maintenance of nonconforming uses and structures, including repairs or renovations which do not involve expansion of the nonconforming use or structure and such other changes in a nonconforming use or structure as Federal, State or local building and safety codes may require.

NOTE: See article II for the definitions of nonconforming structures, nonconforming uses and nonconforming lots.

(Ord. No. 00-38, § 10.2, 3-13-00; Ord. No. 09-114, 6-8-09)

(a)

Expansion. A nonconforming structure may be added to or expanded after obtaining a permit from the same permitting authority as for a new structure, if such addition or expansion does not increase the nonconformity of the structure and is in accordance with subsection (1) and (2) below. (See article II for a definition of: Increase in nonconformity of a structure).

(1)

After January 1, 1989 if any portion of a 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 wetland, that portion of the structure shall not be expanded, as measured in floor area or volume, by 30 percent or more, during the lifetime of the structure. If a replacement structure conforms with the requirements of subsection 18-303(c), 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 percent in floor area and volume since that date.

(2)

Whenever a new, enlarged, or replacement foundation is constructed under a nonconforming structure in any shoreland zoning district, the structure and new foundation must be placed such that the setback requirement is met to the greatest practical extent as determined by the Planning Board or its designee, basing its decision on the criteria specified in subsection 18-303(b) Relocation, below. If the completed foundation does not extend beyond the exterior dimensions of the structure, except for expansion in conformity with subsection 18-303(a)(1) above, and the foundation does not cause the structure to be elevated by more than three 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.

(3)

No structure which is less than the required setback from the high-water line of a water body, tributary stream or upland edge of a wetland shall be expanded toward the water body, tributary stream or wetland.

(b)

Relocation. A nonconforming structure in any shoreland zoning district 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 Planning Board or its designee, and provided that the applicant demonstrates that the present subsurface sewage disposal system meets the requirements of State law and the State of Maine Subsurface Wastewater Disposal Rules (Rules), or that a new system can be installed in compliance with the law and said Rules. In no case shall 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 or its designee shall consider 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 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. When it is necessary to remove vegetation within the water or wetland setback area in order to relocate a structure, the Planning Board 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:

(1)

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 shall make up more than 50 percent of the number of trees planted. Replaced trees must be planted no further from the water or wetland than the trees that were removed.

Other woody and herbaceous vegetation, and ground cover, that are 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 setback area. The vegetation and/or ground cover must consist of similar native vegetation and/or ground cover that was disturbed, destroyed or removed.

(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.

(c)

Reconstruction or replacement. Any nonconforming structure or any structure on a nonconforming lot, which is removed, or damaged or destroyed, regardless of the cause, by more than 50 percent of the market value of the structure before such damage, destruction or removal, may be reconstructed or replaced provided that a permit is obtained within 18 months of the date of said damage, destruction, or removal. The Town Council may extend this 18-month period for an additional, specified period if it determines that there is a public purpose that requires an extension of time. In no case shall a structure be reconstructed so as to increase its or the lot's nonconformity. In any shoreland zoning district:

(1)

If the reconstructed or replacement structure is less than the required setback from a water body, tributary stream, or wetland, it shall not be any larger than the original structure, except as allowed pursuant to subsection (a) above, as determined by the nonconforming floor area and volume of the reconstructed or replaced structure at its new location, provided that such reconstruction or replacement is in compliance with the water body, tributary stream or wetland setback requirement to the greatest practical extent as determined by the Planning Board or its designee in accordance with the purposes of this article. In determining whether the building reconstruction or replacement meets the setback to the greatest practical extent the Planning Board or its designee shall consider, in addition to the criteria in subsection 18-303(b) above, the physical condition and type of foundation present, if any.

(2)

If the reconstructed or replacement structure is less than the required setback from a water body, tributary stream or wetland, 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.

(3)

When it is necessary to remove vegetation in order to replace or reconstruct a structure in any shoreland district, vegetation shall be replanted in accordance with subsection 18-303(b) above.

Any nonconforming structure which is removed by 50 percent or less of the market value, or damaged or destroyed by 50 percent 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 any shoreland district, such permit shall be obtained within one year of such damage, destruction, or removal.

(d)

Change of use of a nonconforming structure. The use of a nonconforming structure may not be changed to another use unless the Planning Board, after receiving a written application, determines that the new use 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 determining that no greater adverse impact will occur, 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 functionally water-dependent uses.

(Ord. No. 00-38, § 10.3, 3-13-00; Ord. No. 00-173, 7-10-00; Ord. No. 09-114, 6-8-09; Ord. No. 10-19, 1-11-10; Ord. No. 11-51, 4-11-11)

(a)

Expansions. Expansions of nonconforming uses are prohibited, except that nonconforming residential uses may, after obtaining a permit from the Planning Board, be expanded within existing residential structures or within expansions of such structures as allowed in section 18-303(a). It is the intent to limit expansion to 30 percent of floor area or volume. A residential use that is nonconforming due to the number of unrelated persons living within a dwelling unit may not increase the number of unrelated persons within the dwelling unit beyond the number lawfully existing as of June 18, 2007.

(b)

Resumption prohibited. A lot, building or structure in or on which a nonconforming use is discontinued for a period exceeding one year or which is superseded by a conforming use may not again be devoted to a nonconforming use except that the Planning Board may, for good cause shown by applicant, grant up to a one-year extension to that time period. This provision shall not apply to the resumption of a use of a residential structure, provided that the structure has been used or maintained for residential purposes during the preceding five-year period. Nonuse of a legally existing nonconforming structure shall not constitute abandonment of the structure. Conforming use of the structure may be resumed at any time.

(c)

Change of use. An existing nonconforming use may be changed to another nonconforming use, provided that the proposed use has no greater adverse impact on the subject and adjacent properties and resources than the former use, as determined by the Planning Board. The determination of no greater adverse impact shall be made according to criteria listed in section 18-303(d) above.

(d)

Unrelated persons. In order to maintain its status as a legally nonconforming use, a residential use that is nonconforming due to the number of unrelated persons shall:

(1)

Provide off-street parking at a ratio of at least one space per 300 square feet of habitable floor area or a total of at least five spaces, whichever is less, The parking requirement may be met off-site if the parking space is within 1,000 feet by road of the dwelling unit and the owner of the dwelling unit has secured and provides the Code Enforcement Officer with a copy of a long-term, signed agreement for the use of the off-site space.

i.

Parking under this paragraph shall be located in the area(s) shown on the site sketch submitted under Chapter 8, Article IV, Rental Unit Registration Ordinance. Parking shall meet the standards of subsection 18-135 (a)(4), prohibiting parking, exclusive of driveway, between the paved portion of the street and any residential building; subsection 18-135(a)(5), concerning the setback from side and rear property lines, provided that parking areas and driveways that, by mutual agreement of the property owners, as of the effective date of this ordinance were shared by and crossed the lines of adjacent properties may continue; subsection 18-135(a)(8), concerning double-stacking of parking; subsection 18-135(a)(9), concerning overhang of parked vehicles restricting traffic flow; and subsection 18-135(d)(6) concerning parking surfaces, section 18-135 notwithstanding, a parking space under this paragraph shall have a minimum width of 8.0 feet.

ii.

If the dwelling unit is in a multifamily structure, the parking shall be reviewed by the Fire Department to assure that it meets the department's requirements for access to the structure.

iii.

If parking is required to provide for more than six vehicles, and if the lot abuts a lot with a single-family dwelling, the parking area shall be screened from the adjoining lot with fencing, vegetation, or a combination of the two at least four feet high.

iv.

Driveways, which for the purpose of this section shall not exceed 20 feet in width, may be used as a parking area for up to four vehicles, which may be double stacked if the stacked spaces are assigned to occupants of the same dwelling unit.

(2)

Limit lot coverage to; not more than 75% if the nonconforming use is on a lot with less than 6,000 square feet in area; not more than 65% if the nonconforming use is on a lot with at least 6,000 square feet but less than 10,000 square feet in area; not more than 45% if the nonconforming use is on a lot with at least 10,000 square feet but less than 15,000 square feet in area; and not more than 33% if the nonconforming use is on a lot with 15,000 square feet or more in area.

(3)

If trash containers, including dumpsters, are stored outside, provide a screened area for the containers. The area shall not be located between the street and the building, and enclosure openings shall not be visible to the public street or adjoining properties. Screening shall be achieved by solid materials, densely planted vegetation, or a combination thereof on three sides to a height of five feet, or the height necessary to screens the containers and shall be maintained in good condition. Trash receptacles shall be securely covered at all times.

(4)

Be maintained in good standing under Chapter 20, Article III, of this Code of Ordinances.

(5)

If a rental unit, be registered under Chapter 8, Article IV, of this Code of Ordinances.

In determining that no greater adverse impact will occur, 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.

(Ord. No. 00-38, § 10.4, 3-13-00; Ord. No. 00-173, 7-10-00; Ord. No. 08-74, 5-12-08; Ord. No. 09-114, 6-8-09; Ord. No. 11-51, 4-11-11)

(a)

Nonconforming lots: A nonconforming lot of record as of the effective date of this ordinance or amendment thereto may be built upon without the need for a variance, provided that such lot is in separate ownership and not contiguous with any other lot in the same ownership and that all provisions of this ordinance except lot area, lot width and in all shoreland districts shore frontage can be met. Variances relating to setback or other requirements not involving lot area, lot width and in all shoreland districts shore frontage shall be obtained by action of the Board of Appeals.

(b)

Contiguous built lots. If two or more contiguous lots or parcels are in a single or joint ownership of record at the time of adoption of this article, if all or part of the lots do not meet the dimensional requirements of this ordinance, and if a principal use or structure exists on each lot, the nonconforming lots may be conveyed separately or together, provided that the state minimum lot size law (12 M.R.S.A. sections 4807-A through 4807-D) and the State of Maine Subsurface Wastewater Disposal Rules are complied with.

If two or more principal uses or structures existed on a single lot of record on the effective date of this article, each may be sold on a separate lot provided that the above referenced law and rules are complied with. When such lots are divided each lot thus created must be as conforming as possible to the dimensional requirements of this article.

(c)

Contiguous lots—Vacant or partially built: If two or more contiguous lots or parcels are in single or joint ownership of record at the time of or since adoption or amendment of this ordinance, if any of these lots do not individually meet the dimensional requirements of this ordinance or subsequent amendments, and if one or more of the lots are vacant or contain no principal structure the lots shall be combined to the extent necessary to meet the dimensional requirements.

This provision shall not apply to two or more contiguous lots, at least one of which is nonconforming, owned by the same person or persons on April 11, 1994 as evidenced by a deed recorded in the Registry of Deeds, if the lot is served by a public sewer or can accommodate a subsurface sewage disposal system in conformance with the State of Maine Subsurface Wastewater Disposal Rules, provided that:

(1)

Each lot contains continuous lot frontage, as defined in article II section 18-31, of at least 125 feet in the F&A District or 50 feet in all other districts; and

(2)

Each lot contains at least 50 percent of the minimum lot area requirement for the land use district in which it is located, as indicated in article IV subsection 18-106(f).

(3)

For lots located in a Shoreland Zone District:

(a)

Each lot contains at least 100 feet of shore frontage, at least 125 feet of continuous lot frontage, as defined in article II section 18-31, in the F&A District or 50 feet of continuous lot frontage in all other districts, and at least 80,000 square feet of lot area for lots in the F&A District, or 20,000 square feet of lot area in all other districts; or

(b)

Any lots that do not meet the shore frontage and lot frontage requirements and the lot area requirements of subsection 18-305(c)(3)(a) are reconfigured or combined so that each new lot contains at least 100 feet of shore frontage, at least 125 feet of continuous lot frontage, as defined in article II section 18-31, in the F&A District or 50 feet of continuous lot frontage in all other districts, and at least 80,000 square feet of lot area for lots in the F&A District or 20,000 square feet of lot area in all other districts.

(d)

In the case of eminent domain: In any district, notwithstanding any limitations imposed by other provisions of the prior zoning ordinance, a single lot may be built upon if the lot fails to meet the requirements for area or width, or both, that are generally applicable in the district due to the fact that a portion of the lot was acquired by the exercise of eminent domain authority by a governmental entity or public utility, or was acquired by a governmental entity or public utility by an instrument in lieu of the exercise of its eminent domain authority. Such a lot must be in separate ownership, and not of continuous frontage with, nor contiguous to, other lots in the same record ownership. Provided, however, that yard dimensions and other requirements not involving area or width of the lot shall conform to the regulations for the district in which the lot is located. In addition, to qualify for the foregoing exception, any lot without public sewer and/or public water shall have a minimum area of 20,000 square feet.

(e)

Flag lots. A flag lot may be used for a single-family use in the F&A and MDR Zoning Districts in which the lot is located. A lot of record in existence as of January 1, 1999 may be used for single-family uses in the F&A and MDR Zoning Districts in which the lot is located provided that:

(1)

There exists an unobstructed access to the rear lot from the public street over land, which is not needed to meet the minimum requirements of the zone for the front lot. Such access shall be referred to as the access strip.

(2)

The access strip must be at least 25 feet in width for the full distance through the front lot from the public street to the rear lot. The owner of the rear lot must have sufficient legal rights in and to the access strip to ensure the required unobstructed access, which rights must run with the land.

(3)

The access strip shall not be used in the computing of minimum area and dimensional requirements of the zone for the rear lot.

(4)

The rear lot shall meet all the requirements of the zone in which it lies, except frontage on the public way. For the purposes of yard and area requirements, the front yard setback line shall be deemed to be at the prescribed setback distance from the deepest rear property line of the lot or lots between said rear lot and the nearest public street.

(5)

Only one tier of such rear lots shall be permitted behind the tier of lots fronting on the public street.

(Ord. No. 00-38, § 10.5, 3-13-00; Ord. No. 00-173, 7-10-00; Ord. No. 09-114, 6-8-09; Ord. No. 09-191, 10-19-09)