B.
General
(1)
Transfer of
Ownership.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
Ordinance.
(2)
Repair and
Maintenance.This Ordinance allows, without a permit, the normal upkeep
and maintenance of non-conforming uses and structures including repairs or
renovations that 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, or local building and safety codes may require.
C.
Non-conforming Structures
(1)
Expansions.All new principal
and accessory structures, excluding functionally water-dependent uses, must
meet the water body, tributary stream, or wetland setback requirements
contained in Section 15(B)(1). A non-conforming structure may be added to or
expanded after obtaining a permit 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 and is in accordance with subparagraphs (a) and
(b) below.
(a) Expansion of any portion of a
structure within 25 feet of the normal high-water line of a water body,
tributary stream, or upland edge of a wetland is prohibited, even if the
expansion will not increase nonconformity with the water body, tributary stream
or wetland setback requirement. Expansion of an accessory structure that is
located closer to the normal high-water line of a water body, tributary stream,
or upland edge of a wetland than the principal structure is prohibited, even if
the expansion will not increase nonconformity with the water body, tributary
stream, or wetland setback requirement.
(b) Notwithstanding paragraph (a), above, if
a legally existing nonconforming principal structure is entirely located less
than 25 feet from the normal high-water line of a water body, tributary stream,
or upland edge of a wetland, that structure may be expanded as follows, as long
as all other applicable municipal land use standards are met and the expansion
is not prohibited by Section 12(C)(1).
(i)
The maximum total footprint for the principal structure may not be expanded to
a size greater than 800 square feet or 30% larger than the footprint that
existed on January 1, 1989, whichever is greater. The maximum height of the
principal structure may not be made greater than 15 feet or the height of the
existing structure, whichever is greater.
(c) All other legally existing nonconforming
principal and accessory structures that do not meet the water body, tributary
stream, or wetland setback requirements may be expanded or altered as follows,
as long as other applicable municipal land use standards are met and the
expansion is not prohibited by Section 12(C)(1) or Section 12(C)(1)(a), above.
(i) For structures located less than 75 feet
from the normal high-water line of a water body, tributary stream, or upland
edge of a wetland, the maximum combined total footprint for all structures may
not be expanded to a size greater than 1,000 square feet or 30% larger than the
footprint that existed on January 1, 1989, whichever is greater. The maximum
height of any structure may not be made greater than 20 feet or the height of
the existing structure, whichever is greater.
(ii) For structures located less than 100
feet from the normal high-water line of a great pond classified as GPA or a
river flowing to a great pond classified as GPA, the maximum combined total
footprint for all structures may not be expanded to a size greater than 1,500
square feet or 30% larger than the footprint that existed on January 1, 1989,
whichever is greater. The maximum height of any structure may not be made
greater than 25 feet or the height of the existing structure, whichever is
greater. Any portion of those structures located less than 75 feet from the
normal high-water line of a water body, tributary stream, or upland edge of a
wetland must meet the footprint and height limits in Section 12(C)(1)(b)(i) and
Section 12(C)(1)(c)(i), above.
(iii) In addition to the limitations in
subparagraphs (i) and (ii), for structures that are legally nonconforming due
to their location within the Resource Protection District when located at less
than 250 feet from the normal high-water line of a water body or the upland
edge of a wetland, the maximum combined total footprint for all structures may
not be expanded to a size greater than 1,500 square feet or 30% larger than the
footprint that existed at the time the Resource Protection District was
established on the lot, whichever is greater. The maximum height of any
structure may not be made greater than 25 feet or the height of the existing
structure, whichever is greater, except that any portion of those structures
located less than 75 feet from the normal high-water line of a water body,
tributary stream, or upland edge of a wetland must meet the footprint and
height limits in Section 12(C)(1)(b)(i) and Section 12(C)(1)(c)(i),
above.
(d) An approved
plan for expansion of a nonconforming structure must be recorded by the
applicant with the registry of deeds, within 90 days of approval. The recorded
plan must show the existing and proposed footprint of the non-conforming
structure, the existing and proposed structure height, the footprint of any
other structures on the parcel, the shoreland zone boundary and evidence of
approval by the municipal review authority.
(2)
Foundations.Whenever a new,
enlarged, or replacement foundation is constructed under a non-conforming
structure, 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 Section 12(C)(3) Relocation, below.
(3)
Relocation.A non-conforming
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
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 non-conforming.
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 accordance with Section 15(S). In addition, the area from which
the relocated structure was removed must be replanted with vegetation.
Replanting shall be required as follows:
(a) Trees removed in order to relocate a
structure must be replanted with at least one native tree, three (3) 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% 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
re-established. 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.
(b) 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.
(4)
Reconstruction or
Replacement. Any non-conforming structure which is located less than the
required setback from a water body, tributary stream, or wetland and which is
removed, or damaged or destroyed, regardless of the cause, by more than 50% 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
eighteen (18) months of the date of said damage, destruction, or removal, and
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 Ordinance. In no case shall a structure be
reconstructed or replaced so as to increase its non-conformity. If the
reconstructed or replacement structure is less than the required setback it
shall not be any larger than the original structure, except as allowed pursuant
to Section 12(C)(1) above, as determined by the non-conforming footprint of the
reconstructed or replaced structure at its new location. If the total footprint
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. When it is necessary to remove vegetation in order to replace or
reconstruct a structure, vegetation shall be replanted in accordance with
Section 12(C)(3) above.
Any non-conforming structure which is located less than the
required setback from a water body, tributary stream, or wetland and which is
removed by 50% or less of the market value, or damaged or destroyed by 50% 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 one year of such damage, destruction, or
removal.
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 Section
12(C)(3) above, the physical condition and type of foundation present, if
any.
(5)
Change of
Use of a Non-conforming Structure. The use of a non-conforming 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 commercial fishing and
maritime activities, and other functionally water-dependent uses.
D.
Non-conforming Uses
(1)
Expansions. Expansions of non-conforming uses are prohibited,
except that non-conforming 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 12(C)(1)
above.
(2)
Resumption
Prohibited. A lot, building or structure in or on which a non-conforming
use is discontinued for a period exceeding one year, or which is superseded by
a conforming use, may not again be devoted to a non-conforming use except that
the Planning Board may, for good cause shown by the 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 (5)
year period.
(3)
Change of
Use. An existing non-conforming use may be changed to another
non-conforming use provided that the proposed use has no greater adverse impact
on the subject and adjacent properties and resources, including water dependent
uses in the CFMA district, 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 12(C)(5) above.
E.
Non-conforming Lots
(1)
Non-conforming Lots: A
non-conforming 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 shore frontage can be met. Variances relating to setback or other
requirements not involving lot area, lot width or shore frontage shall be
obtained by action of the Board of Appeals.
(2)
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 Ordinance, 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 non-conforming 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 ordinance, 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 Ordinance.
(3)
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.
NOTE: Consistent with 38 M.R.S.A. section
438-A(1-A)(B), the immediately following exception may be adopted at the end of
Section 12(E)(3) above if the municipality wishes to grandfather certain
contiguous lots that were conforming and under the same ownership at the time
lot size and shore frontage requirements were increased beyond those found in
subparagraph E(3)(a).
This provision shall not apply to 2 or more contiguous lots,
at least one of which is non-conforming, owned by the same person or persons on
the effective date of this Ordinance and 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; and
(a) Each lot
contains at least 100 feet of shore frontage and at least 20,000 square feet of
lot area; or
(b) Any lots that do
not meet the frontage and lot size requirements of Section 12(E)(3)(a) are
reconfigured or combined so that each new lot contains at least 100 feet of
shore frontage and 20,000 square feet of lot area.
