Town of Cumberland, ME Article VII Nonconforming Uses, Buildings, Structures and Lots

§ 315-73 Continuation.

The use of any building, structure or land which is made nonconforming by reason of the enactment of this chapter, or which shall be made nonconforming by reason of a subsequent amendment, may be continued subject to the following provisions.

§ 315-74 Nonconforming uses, buildings or structures.

A. Repairs and alterations. A nonconforming building or structure may be repaired, altered, improved, or reconstructed. A nonconforming building or structure may be added to or expanded within the established setbacks for the underlying district after obtaining a permit from the same permitting authority as that for a new structure. The repair, alteration, improvement or reconstruction of a building or structure located within an aquifer protection area shall be subject to the provisions of Chapter 315, Article V, Aquifer Protection, of this Code.

[Amended 2-25-2013]

B. Rebuilding. A nonconforming building or structure which is damaged or destroyed by fire, explosion, or act of God may be rebuilt at any time. At the option of the owner, the building or structure may be rebuilt upon the original footprint of the destroyed building or structure. Otherwise, the rebuilt structure must be constructed within the established setbacks for the underlying district.

C. Expansion of nonconforming use other than residential. The number of square feet of floor space area devoted to a nonconforming use may be increased upon application to the Board of Adjustment and Appeals, but only if the Board finds that the proposed expansion of the nonconforming use will have no greater adverse effect upon other property in the same district and neighborhood and that the granting of such approval will not substantially depart from the intended purpose of this chapter. The expansion of a nonconforming use located within an aquifer protection area shall be subject to the provisions of Chapter 315, Article V, Aquifer Protection, of this Code.

[Amended 2-25-2013]

D. Expansion of nonconforming residential use. A nonconforming residential building or structure may be expanded after obtaining a permit from the same permitting authority that issues permits for a new structure, provided that the expansion does not increase the nonconformity of the structure or expand the area of a nonconforming use. The expansion of a nonconforming residential use shall be subject to the provisions of Chapter 315, Article V, Aquifer Protection, and Chapter 226, Shoreland Zoning, Article II, of this Code, where applicable.

[Added 2-25-2013[1]; amended 1-27-2014]

[1] Editor’s Note: This ordinance also redesignated former Subsections D and E as Subsections E and F, respectively.

E. Change of use. A nonconforming use of a building, structure, or lot of land may be changed to another nonconforming use upon application to the Board of Adjustment and Appeals and in accordance with the standards of Subsection C of this section.

F. Abandonment. A nonconforming use of any building, structure, or lot of land which has been abandoned shall not thereafter be resumed. For purposes of this subsection, a nonconforming use shall be considered abandoned:

(1) When it has been replaced by a conforming use.

(2) When it has been discontinued for a period of two years, provided that a nonconforming commercial use which is not open and operating for at least five days per week during traditional business hours for a period of at least three months in any twelve-month period during the prescribed two-year period shall be deemed to have been abandoned. For any residential use that is nonconforming the discontinuance period shall be four years.