5.1

Purpose:

It is the intent of this section to promote land use conformities, except that legal non-conforming conditions that existed before the effective date of this Ordinance shall be allowed to continue, subject to the requirements set forth in this section.

5.2

General:

5.2.1

Continuance:

The lawful use of any building, structure or land that is made non-conforming by reason of the enactment of this Ordinance, or which shall be made non-conforming by reason of a subsequent amendment, may be continued, subject to the provisions of this Ordinance.

5.2.2

Transfer of Ownership:

Legal non-conforming structures, lots, and uses may be transferred, and the new owner may continue the non-conforming use or continue to use the non-conforming structure or lot, subject to the provisions of this Code.

5.2.3

Repair and Maintenance:

This Ordinance allows the normal upkeep and maintenance of legal non-conforming uses and structures including repairs or renovations which do not involve expansion of the non-conforming use or structure, and such other changes in a non-conforming use or structure as Federal, State, and local building and safety Codes may require. Such repair and maintenance shall comply with the current codes and ordinances adopted by the Town of Wiscasset.

5.3

Non-Conforming Structures:

A non-conforming structure outside of the shoreland zone may be added to or expanded from the same permitting authority as that for a new structure if such addition or expansion does not increase the non-conformity of the structure. See: Increase in non-conformity of a structure in Glossary.

5.4

Non-Conforming Lots:

5.4.1

A non-conforming lot of record may be built upon provided that such lot shall be in separate ownership and not contiguous with any other lot in the same ownership, except as provided in paragraph 5.4.2 below.

5.4.2

If two (2) or more vacant, contiguous lots or parcels are in single or joint ownership of record at the time of adoption or amendment of this Ordinance, if these lots do not individually meet the dimensional requirements of this Ordinance or subsequent amendment, the lots shall be combined to the extent necessary to meet the dimensional standards, except where the contiguous lots front onto different streets or where the lots were legally created and recorded as part of an approved subdivision before the enactment of this ordinance.

5.5

Non-Conforming Uses:

5.5.1

A non-conforming use is a use of premises, parcel of land or structure which was in lawful existence at the effective date of the adoption or amendment of this ordinance but which currently does not comply with the applicable use regulations of the zoning district in which it is located.

5.5.2

Expansion of a Non-Conforming, Non-Residential Use: The Planning Board may issue approval for an expansion of a non-conforming, non-residential use up to a maximum of an additional thirty (30) percent of the original floor area of the existing structure, or in the case of an outdoor use, an additional thirty (30) percent of the original land area used for the activity, according to the criteria for site plan review contained in Article 8, Site Plan Review Ordinance, provided that the expansion meets the dimensional requirements and other provisions of this Ordinance. The expansion of a non-conforming use shall not be for the purpose of changing that use to another non-conforming use, except as provided in Section 5.5.4, below.

5.5.3

A non-conforming use may not be renewed after it has been changed to a conforming use or after it has been discontinued for a period of twelve (12) consecutive months.

5.5.4

A non-conforming use may be changed to another non-conforming use only with a permit from the Board of Appeals. The Board of Appeals shall issue such a permit only upon a finding that all the following are met:

5.5.4.1

The new use will not generate more vehicular traffic in the immediate area surrounding the premises than the former use: and

5.5.4.2

There will be no additional structures, or expansion of existing structures, to accommodate the new use; and

5.5.4.3

There will be a minimum of three (3) off-street parking spaces for each conforming and non-conforming use on the lot; and

5.5.4.4

The daily hours of operation of the new use will be no earlier than 8:00 a.m. and no later than 7:00 p.m.; and

5.5.4.5

The new use will have no more and no larger signs than the former use, and all signs will comply with the current sign ordinance requirements; and

5.5.4.6

There will be no outside storage of materials used by, or products produced by, or goods offered for sale by the new use; and

5.5.4.7

The lot is connected to Town water and sewer.

(6-12)