Winslow City Zoning Code
ARTICLE I
General Provisions
§ 300-1 Short title.
This chapter, and accompanying Official Zoning Maps, shall be known as and may be cited as the "Zoning Ordinance for the Town of Winslow, Maine" or as this "chapter."
§ 300-2 Purpose.
This chapter is designed to:
Encourage the most appropriate use of land throughout the Town.
Promote traffic safety.
Provide safety from fire and other elements.
Prevent overcrowding of real estate.
Promote a wholesome environment.
Prevent housing development in unsuitable areas.
Provide an adequate street system.
Promote the coordinated development of unbuilt areas.
Promote an allotment of land area in new developments sufficient for all the requirements of community life.
Conserve natural resources.
Provide for adequate public services.
Provide for adequate light and air.
§ 300-3 Jurisdiction.
This chapter shall apply to all real estate within the boundaries of the Town.
Real estate used or to be used by a public service corporation shall be wholly or partially exempted from this chapter only where on petition, notice, and public hearing, the public utilities commission has determined that such exemption is reasonably necessary for public welfare and convenience.
County, municipal governments and districts shall be governed by the provisions of this chapter.
This chapter is advisory with respect to the state.
§ 300-4 Compliance.
No structure, land or water shall hereafter be used and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted, or structurally altered without a building permit except minor structures and normal repairs, and without full compliance with the provisions of this chapter and all other applicable local and state regulations.
§ 300-5 Conformance required.
With certain exceptions given in § 300-10, it is required that the following actions shall take place in conformance with this chapter.
Reduction of lot size.
Change of exterior dimensions of any building and structure.
Structural change of building and structure.
Conversion of building and structure.
Reconstruction of disaster damaged building and structure.
Establishment of new use of land, building and structure.
Resumption of use of land, building, and structure.
Change of use of land, building and structure.
Extension of current use to parts of land, building, and structure currently not in such use.
Intensification of current use of land, building, and structure.
Demolition/removal of buildings or structures.
Excepted from this chapter are: agricultural uses not involving animals and forestry uses.
§ 300-6 Relationship to other laws.
If any portion of this chapter shall be held invalid, such decision shall not affect the validity of the remaining portion thereof
§ 300-7 Amendments.
The Town Council shall amend or repeal any section of this chapter by due procedure of a public hearing held after proper notice. The Town Clerk shall notify the State Planning Office by certified mail of amendments to this chapter prior to the effective date of such amendments. A file of return receipts from such mailings shall be maintained as a permanent record.
§ 300-8 Public hearing procedure.
On their own motion, or recommendation of the Planning Board or on petition, the Town Council shall hold a public hearing on a proposed amendment. Notice of such hearing shall be given at least seven days but no more than 30 days immediately prior to the hearing on the Town office bulletin board and published two times in a newspaper of general circulation in the area in accordance with 30-A M.R.S.A. § 4352(9B).
[Amended 4-11-2022 by Ord. No. 02-2022; 5-9-2022 by Ord. No. 06-2022]
The Town Council shall also notify the Planning Board at least seven days before the hearing. Anyone who petitions for a change in this chapter shall not be charged a fee if the number of petitioners equals at least 10% of the voters who voted in the last gubernatorial election. If the number of petitioners is less than 10%, then the fee shall be $100.
[Amended 4-11-2022 by Ord. No. 02-2022; 5-9-2022 by Ord. No. 06-2022]
The Planning Board shall attend the hearing and shall no later than 45 days after the hearing make its written recommendations to the Town Council.
§ 300-9 Interpretation.
In cases where this chapter may not be entirely clear, it shall be interpreted according to the legislative purpose and intent of the chapter. In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements and shall not be deemed a limitation or repeal of any other power granted by the Maine Statutes.
Any use not so designated as a principal or conditional use for a zoning district shall be prohibited.
§ 300-10 Nonconforming uses, structures and lots.
[Amended 3-8-1999 by Ord. No. 3-1998]
Any lot, structure, or use of lot or structure in conflict with this chapter is termed nonconforming and considered a nuisance except as provided in Subsection B.
Nonconformance may be permitted as explained in the following:
Lot and structure.
Any structure legally in existence on March 8, 1999, may continue even if it does not conform to this chapter, but its nonconformance may not be increased. Note: Any lot or structure constructed, altered or reconstructed before August 12, 1991, which does not meet current front and yard setback requirements shall be treated as nonconforming structure and shall not be subject to any action for violation of the provisions of this chapter.
A nonconforming structure destroyed by disaster may be reconstructed to its original size with respect to total square footage, volume of the structure, height, and the original footprint of the structure within a two-year period from the date of the disaster.
A nonconforming structure may be relocated only to improve conformance to this chapter.
A nonconforming structure and structure receiving nonconforming use may be repaired, moderately altered and improved, provided that the existing nonconforming dimensional requirements are not increased.
A nonconforming lot legally in existence and which was duly recorded on or before March 8, 1999, and which does not abut one or more lots in the same ownership, may be used and/or built upon provided that all requirements of this chapter other than those pertaining to lot size and street frontage are met.
If such nonconforming lot abuts one or more lots in the same ownership and these lots are vacant or contain an accessory structure, they shall be combined to the extent necessary to conform to the dimensional requirements of the district in which they are located.
Use of land and structure.
Nonconforming use of land or structure legally in existence on March 8, 1999, may continue.
A nonconforming use of a lot or structure may be changed to another nonconforming use if it can be manifestly established that such use would constitute lesser nuisance.
The same nonconforming use may be resumed after abandonment for less than one year.