This site is under construction. Got it!

MapLink™ | Procedures | Nonconforming Structures

Hello! Content on this website is provided as a convenience and is for informational use only. Be sure to review the Terms of Use for all of the details related to your use of this website.
Accept
Back
Nonconforming Structures
A. Expansions. A structure which does not conform to the dimensional requirements of the zone in which it is located may be added to or expanded after obtaining a permit from the Code Enforcement Officer if such addition or expansion does not increase the nonconformity of the structure.

B. Relocation.
(1) A nonconforming structure may be relocated within the boundaries of the lot 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 Code Enforcement Officer in conformance with the purposes of this chapter, and provided that, if the use is not connected to the public sewerage system, 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. The Code Enforcement Officer shall notify abutters of the request for a building permit in compliance with § 280-4-1B. The Code Enforcement Officer shall determine whether the application is in compliance with Subsection B(2), below,  and, if she/he determines that there are no unresolved issues raised by abutters within ten (10) days of when notice of the application is sent, shall grant the permit. The Code Enforcement Officer may ask the Planning Board to review the request and make the determination if there are unresolved issues raised by abutters or if she/he finds that the scale or complexity of the proposal warrants review by the Board or other elements of the proposal require review by the Board. In no case shall a structure be relocated in a manner that causes the structure to be more nonconforming.
(2) In determining whether the building relocation meets the setback to the greatest practical extent, the Code Enforcement Officer or Planning Board 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, if any, and other on-site soils suitable for septic systems, and the type and amount of vegetation to be removed to accomplish the relocation.

C. Reconstruction or replacement.
(1) Any nonconforming structure which is located less than the required setback from the property line and which is removed or damaged or destroyed may be reconstructed or replaced provided that a permit is obtained within one (1) year of the date of said damage, destruction, or removal and provided that such reconstruction or replacement is in compliance with the setback requirement to the greatest practical extent as determined by the Code Enforcement Officer in accordance with the purposes of this chapter. The Code Enforcement Officer shall notify abutters of the request for a building permit in compliance with§ 280-4-1B. The Code Enforcement Officer shall determine whether the application is in compliance with Subsection C(2), below, and if she/he determines that there are no unresolved issues raised within ten (10) days of when notice of the application is sent, shall grant the permit. The Code Enforcement Officer may ask the Planning Board to review the request and make the determination if there are unresolved issues raised by abutters or if she/he finds that the scale or complexity of the proposal warrants review by the Board or other elements of the proposal require review by the Board. In no case shall a structure be reconstructed or replaced so as to increase its nonconformity.
(2) In determining whether the building reconstruction or replacement meets the setback to the greatest practical extent, the Planning Board shall consider, in addition to the criteria in Subsection B(2), above, the physical condition and type of foundation present, if any.

D. Change of use of a nonconforming structure.
(1) The use of a nonconforming structure may not be changed to another use unless the Planning Board, after receiving a written application and holding a public hearing, determines that the new use will have no greater adverse impact on the subject or adjacent properties and resources than the existing use.
(2) 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, and water quality.