Article VI Nonconformance


Section 1. Purpose

The purpose of this Article is to regulate nonconforming lots, uses, and structures as defined in this Ordinance such that they can be reasonably developed, maintained or repaired, or changed to other less nonconforming or to conforming lots, uses, or structures. Definitions of nonconforming lot, nonconforming structure, nonconforming use, and ownership may be found in Article III of this Ordinance. Article III of this Ordinance.

Section 2. Nonconforming Lots

(1) Vacant Lots

(a) If two or more vacant, contiguous lots or parcels, or one or more vacant lots or parcels contiguous with a lot that has a principal use, have the same ownership, as defined in Article III of this Ordinance, at the time of adoption or amendment of this Ordinance, and if these lots do not individually meet the dimensional requirements of this Ordinance, the lots shall be combined to the extent necessary to meet the dimensional standards, except:

(i) where the contiguous lots front onto different streets; or

(ii) if the lots were legally and separately created and an approved subdivision plan of those lots was recorded in the Knox County Registry of Deeds after September 22, 1971.

(b) A nonconforming lot may be built upon 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 size and frontage can be met. Variance of other requirements shall be obtained only by action of the Zoning Board of Appeals.

(c) Any nonconforming lot may be modified as long as it does not create a condition which leaves the lot's frontage or size below the minimum requirements of this Ordinance, or so long as the modification does not worsen an existing legally nonconforming situation.

(2) Lots with Structures

(a) A structure built on a lot prior to enactment of this Ordinance, which lot does not conform to lot size or lot frontage, may be repaired, maintained or improved, and may be modified in conformity with Section 4 of this Article. If the proposed modification of the structure(s) cannot meet the applicable space and bulk requirements, a variance shall be required from the Zoning Board of Appeals.

(b) If two or more contiguous lots or parcels have the same ownership at the time of adoption or amendment of this Ordinance, if all or part of the lots do not meet the applicable space and bulk requirements, and if a principal use exists on each lot, or if the lots were legally, separately created and an approved subdivision plan for those lots was recorded in the Knox County Registry of Deeds after September 22, 1971, the nonconforming lots may be conveyed separately or together, providing all other State law and local Ordinance requirements are complied with.

(c) An inn located on a nonconforming lot shall not add sleeping rooms offered for rent beyond those legally existing as of the date of enactment of this ordinance, nor shall it be used more intensely with respect to functions, services, or similar activities otherwise allowed in inns beyond those being routinely and legally offered as of the date of enactment of this ordinance.

(d) The residential use of a dwelling unit that is discontinued for a period of 24 consecutive months, may not be resumed on a lot that is nonconforming, because the lot does not meet the lot area per dwelling unit requirement for the District in which it is located.

Section 3. Nonconforming Uses

(1) Continuance

(a) The use of land, building or structure, lawful at the time of adoption of this Ordinance, or of subsequent amendments of this Ordinance, may continue although such use does not conform to the provisions of this Ordinance, except as provided in paragraph 2, Discontinuance, below.

(2) Discontinuance

(a) A nonconforming use which is discontinued for a period of 24 consecutive months may not be resumed. The uses of the land, building or structure shall thereafter conform to the provisions of this Ordinance.

(b) Whenever a nonconforming use is changed to a permitted use, such structure and/or land shall thereafter conform to the provisions of this Ordinance, and the nonconforming use may not thereafter be resumed.

(3) Expansion of Use

A nonconforming use, including a nonconforming outdoor use of land, shall not be extended or expanded in building area or building volume, expanse of pavement, or hours of operation.

(4) Changes in Nonconforming Uses

Upon approval of the Zoning Board of Appeals, a nonconforming use may be changed such that it is less nonconforming or no more nonconforming than the lawfully existing

situation. In making its determination that the use is less nonconforming or no more nonconforming than the lawfully existing situation, the Zoning Board of Appeals shall apply the standards of Article VII, Section 4(3), Standards for Special Exception Permit.

Section 4. Nonconforming Structures

Maintenance, Modification, Replacement and Reconstruction

((1) Except as set forth in (d) of this section, a structure lawfully in existence as of the effective date of this amendment, that does not meet the height, yard, or setback restriction of Article VIII, may be repaired, maintained, improved, or replaced, as set forth in this section. It may be modified and/or accessory structures may be added to the site without a variance, provided that:

(a) The resulting structure or structures do not exceed the height restrictions of the district in which the structure or structures are located.

(b) The resulting structure or structures do not exceed the prescribed maximum ground coverage and maximum building coverage, or, in the case of an existing structure which does exceed the prescribed maximum ground coverage or maximum building coverage, the resulting structure or structures do not exceed the existing ground coverage and the existing building coverage.

(c) There is no increase in the non-conformity, except that a lawfully non-conforming structure may be expanded in volume and ground floor area by no more than thirty percent (30%) of the volume and ground floor area of that portion of the structure that was lawfully non-conforming as of the date of this amendment of the Ordinance, and provided that the resulting structure or accessory structure is no closer to the front, side, or rear lot line with respect to which the non-conformity exists, unless the resulting structure is allowed to be closer in accordance with the provisions of Article X, Part 1, Section 1 (9) (j) of this Ordinance.

(d) No structure which is less than the required setback from the normal high water line of a water body or the upland edge of a wetland shall be expanded further toward the water body or wetland than the part of the lawfully existing non-conforming structure closest to the water body or wetland and such structure shall further conform with the requirements of Article VI, Section 6, if applicable, and Article X, Part 1, Section 1 (9) (j) of the Ordinance.

(2) Any nonconforming building or structure which is lawfully in existence as of the effective date of this Ordinance, and which is hereafter damaged or destroyed by fire, storm, or any other cause which is beyond the control of the owner of that building or structure, may be repaired, maintained, improved, or replaced within twenty-four (24) months of said damage or destruction in conformity with the above requirements in this section.

Section 5. Transfer of Ownership

Ownership of nonconforming lots, structures, and/or uses as defined in this Ordinance may be transferred without loss of their lawful but nonconforming status.

Section 6. Changes in Nonconformities in Shoreland Areas

(1) Within shoreland areas, a nonconforming aspect of a lot or use, and within shoreland setbacks, a nonconforming aspect of a structure, may be changed, upon a determination by the Zoning Board of Appeals that the change is less nonconforming or no more nonconforming than the lawfully existing situation.

(a) A nonconforming use may be changed upon a determination by the Zoning Board of Appeals that the change also meets the standards set forth in Article VI, Section 3 (4).

(b) A nonconforming aspect of a structure may be changed in accordance with Article VI, Section 4, (a), (b) and (d) upon a determination by the Zoning Board of Appeals that the change will not have a greater adverse impact on the water body or wetland than the existing situation. In determining that "no greater adverse impact" will occur, the board shall require written documentation from the applicant regarding the probable effects of the change on public health and safety, erosion and sedimentation, water quality, fish and wildlife habitat, vegetative cover, visual and points of actual public access to waters, natural beauty, floodplain management, archaeological and historic resources and commercial fishing and maritime activities and other functionally water-dependent uses. In addition, the Zoning Board of Appeals shall make the determination that the change in the nonconforming aspect of a structure conforms with the following requirement set forth below in (1) and (2):

(1) Construction or enlargement of a foundation beneath the existing structure shall not be considered an expansion of the structure provided; that the structure and new foundation are placed such that the setback requirement is met to the greatest practical extent as determined by the Zoning Board of Appeals, basing its decision on the criteria specified in Article VI, Section 6(1)(b)(2); that the completed foundation does not extend beyond the exterior dimensions of the structure; and that the foundation does not cause the structure to be elevated by more than three (3) additional feet.

(2) A nonconforming 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 Zoning Board of Appeals, 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, or that a new system can be installed in compliance with the law and said Rules.

In determining whether the building relocation meets the setback to the greatest practical extent, the Zoning Board of Appeals shall consider the size of the lot, the slope of the land, the potential for soil erosion, the location of other structures on the lot and on adjacent lots, 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.

(c) Any nonconforming structure which is located less than the required setback from the normal high-water line of a water body, tributary stream, or upland edge of a wetland and which is removed, or damaged or destroyed 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 from the Code Enforcement Officer is obtained within one year of the date of such damage, destruction or removal and provided that such reconstruction or replacement is in compliance with the water setback requirement to the greatest practical extent as determined by the Zoning Board of Appeals in accordance with the criteria set forth in Article VI, Section 6(1)(b)(2); such determination shall be made by the Zoning Board of Appeals before the permit is issued by the Code Enforcement Officer.

Any nonconforming structure which is damaged or destroyed by 50% or less of the market value of the structure, may be reconstructed within the same footprint as the damaged or destroyed structure upon issuance of a permit from the Code Enforcement Officer within one year of the date of such damage, destruction or removal.

In determining whether the structure reconstruction or replacement meets the water setback to the greatest practical extent, the Zoning Board of Appeals shall consider in addition to the criteria in paragraph 2 above, the physical condition and type of foundation present, if any.

Section 7. Nonconforming Ground Coverage

Development consisting of structures, parking lots and other nonvegetated surfaces, which has a nonconforming ground coverage of development may be repaired, maintained, improved, and buildings and/or accessory structures added to the site and enlarged, without a variance for ground coverage, and the location of parking lots and other nonvegetated surfaces within the site may be relocated to other areas within the site or reconfigured, subject to the condition that the total area of all such structures, parking lots and other nonvegetated surfaces does not exceed the total area of the nonconforming ground coverage which was in lawful existence at the time that this Ordinance or subsequent amendment took effect.

Section 8. Unlawful Uses, Structures, or Lots

No provision of this Article VI shall be construed to cause an unlawful use, structure, or lot which exists unlawfully as of the date of enactment of this Ordinance to be considered lawful or allowable under the provisions of this Ordinance.