[Amended 6-20-2017 by Ord. No. 2017.57]
The intent of this Zoning Ordinance is to regulate nonconforming
lots, uses and structures. This ordinance intends to be realistic
so that: nonconforming vacant lots of record can be reasonably developed;
nonconforming existing structures can be properly maintained or repaired;
and nonconforming uses can continue to be changed to other less nonconforming
or to conforming uses; and nonconforming (as to use) single-family
residential dwelling units can create accessory dwelling units subject
to the performance standards in Article VI of this ordinance. When
nonconforming uses fall into disuse, the intent of these regulations
is not to allow them to be reestablished after a twelve-month period
of dormancy. These regulations are designed for the betterment of
the community and for the improvement of property values.
A.
Continuance, enlargement, reconstruction. Any use of land, or any
building, structure, or parts thereof, legally existing at the time
of the adoption of this ordinance, or at any time a zone is changed
by amendment hereafter, which does not conform to the requirements
of this ordinance or its amendments, may continue, and may not be
extended, reconstructed, enlarged, or structurally altered except
as specified by this article.
B.
Transfer of ownership. Ownership of lots, structures and uses which
remain lawful but become nonconforming by the adoption or amendment
of this ordinance may be transferred, and the new owner may continue
the nonconforming use or continue to use the nonconforming structure
or lot, subject to the provisions of this ordinance.
C.
Restoration or replacement.
1.
This ordinance allows the normal upkeep and maintenance of nonconforming
uses and structures; repairs, renovations, or modernizations which
do not involve expansion of the nonconforming use or structure; and
such other changes in a nonconforming use or structure as federal,
state, or local building and safety codes may require.
2.
Any nonconforming use or structure which is hereafter damaged or
destroyed by fire or any cause other than the willful act of the owner
or his agent, may be restored or reconstructed within one year of
the date of said damage or destruction, provided that:
3.
Multiple structures on a single parcel of land, including rental
cottages, shall not be converted, replaced, or reconstructed into
one or more multifamily structures, unless such change is specifically
approved by the several review bodies of the City of Biddeford as
required.
4.
Nothing in this section shall prevent the demolition of the remains
of any building so damaged or destroyed.
A.
Resumption prohibited. A building or structure in which a nonconforming
use is discontinued for a period exceeding one year, or which is superseded
by a conforming use, may not again be devoted to a nonconforming use,
even if the owner has not intended to abandon the use. The burden
of proof in this situation rests with the property owner and must
be proven to the Zoning Board of Appeals.
B.
A structure nonconforming as to use.
[Amended 6-20-2017 by Ord. No. 2017.57]
1.
A building or structure, nonconforming as to use, shall not be enlarged
unless the nonconforming use is terminated, and otherwise meets the
provisions of this ordinance. This does not apply to accessory dwelling
units which may be created in accordance with the performance standards
in Article VI of this ordinance.
2.
A nonconforming use of part of a building or structure shall not
be extended throughout other parts of the building or structure unless
those parts of the building or structure were manifestly arranged
or designed for such use prior to the adoption of this ordinance,
or of any amendment making such use nonconforming. This shall not
apply accessory dwelling units which may be created in accordance
with the performance standards in Article VI of this ordinance.
3.
Accessory
dwelling units on parcels containing a single nonconforming (as to
use) dwelling unit, which was in existence as of January 1, 2017,
that are created in accordance with the performance standards in Article
VI of this ordinance shall not be considered the expansion or creation
of a nonconforming use.
C.
Change of use.
1.
An existing nonconforming use may be changed to another nonconforming
use provided that:
2.
The determination of appropriateness shall include consideration
of the probable changes in traffic (volume and type), parking, noise,
potential for litter, wastes or by products, fumes, odors, or other
nuisances likely to result from such change of use. The performance
standards in Article VI of this ordinance shall apply to such requests
to establish new nonconforming uses.
D.
Use of land.
1.
A nonconforming use of land may not be extended into any part of
the remainder of a lot of land or onto any other lot.
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A nonconforming use of land which is incidental to or accessory
to a nonconforming use of a building shall be discontinued at the
same time the nonconforming use of the principal building is discontinued.
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2.
In the case of earth removal operations, the removal of earth may
not be extended as a nonconforming use beyond the required seventy-five-foot
setback lines of the specific parcel upon which such operations were
in progress when such use became nonconforming. Adjacent parcels in
the same or different ownership shall not be eligible for exemption
under the nonconforming use provisions unless earth removal operations
were in progress on these parcels before these provisions were enacted.
[Ord. No. 2001.81, 10-2-2001]
(Pertaining to dimensional requirements. Applications regarding
nonconforming use shall be reviewed under the provisions above.)
A.
Enlargements controlled.
1.
A nonconforming structure shall not be added to or enlarged unless
such addition or enlargement conforms to all the regulations of the
zone in which it is located, or a variance is obtained. In addition,
state laws must be adhered to.
2.
In any situation, the total of any, or all, enlargement(s) shall
be limited to no more than 25% of the total original floor area of
the original nonconforming structure; further, total lot coverage
shall be limited to within the setback standards specified in Table
B in Article V of this ordinance relating to lot setbacks.
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The placing of a foundation below a lawfully existing nonconforming
structure shall not constitute the expansion of the structure, provided
that the first floor space of the structure is not increased, and
provided that the maximum height limit within the zone is not exceeded.
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Construction or expansion of a foundation under an existing
dwelling which expands habitable space shall be considered an expansion.
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B.
Discontinuance. Discontinuance of the use of a legally existing nonconforming
structure shall not constitute abandonment of the structure.
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Conforming use of the structure may be revived at any time.
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C.
Lack of required parking or loading space. A building or structure
which is nonconforming as to the requirements for off-street parking
and/or loading space shall not be enlarged, added to, or altered unless
off-street parking and/or loading space is provided. This parking
and/or loading space shall be in conformance with the requirements
of this ordinance for both the addition or alteration and for the
original building or structure, or unless a variance is obtained.
Off-street parking may be provided on another property upon documentation
that a deeded right has been obtained and recorded at the York County
Registry of deeds.
D.
Any nonconforming building or structure which existed on or before
January 1, 1985, may continue to be used and occupied, even though
its original construction may have violated the space and bulk requirements
of the zoning ordinance in effect at the time of construction, if
it appears from the City's records that:
1.
A building permit was issued for the building or structure; and
2.
Since January 1, 1985, there have been no expansion or enlargement
of the building or structure or alteration of the dimensions of the
lot on which the building or structure is located which increased
the nonconformity beyond that existing on January 1, 1985.
[Ord. No. 2001.81, 10-2-2001]
A.
Vacant lots. A nonconforming vacant lot that existed prior to the
effective date of this ordinance may be built upon, provided that
such lot is in separate ownership and not contiguous with any other
vacant lot in the same ownership, and that all provisions of this
ordinance except lot size and frontage can be met. Variance of setbacks
or other requirements not involving area or width shall be obtained
only by action of the Board of Appeals.
B.
Built lots. A nonconforming lot that was built upon prior to the
date of adoption of this ordinance is subject to the following restrictions.
The structure(s) may be repaired, maintained, or improved, and if
it is a conforming structure, it may be enlarged in conformity with
all dimensional requirements of this ordinance except lot area, and/or
lot frontage, provided that in single-family zones, single structures
on such nonconforming lot shall not be connected to form multifamily
structures. If the proposed enlargement of the structure(s) cannot
meet the dimensional requirements of this ordinance, the applicant
shall apply for a variance from the Board of Appeals.
C.
Contiguous built lots. If two or more contiguous lots or parcels
are in single or joint ownership of record as of the date 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 exists on each
lot, the nonconforming lots may be conveyed separately or together,
providing the state minimum lot size law and plumbing code are complied
with.
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If two or more principal uses existed on a single lot of record
as of the date of adoption of this ordinance, each may be sold on
a separate lot providing the state minimum lot size law and plumbing
code are complied with.
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D.
Contiguous lots, vacant or partially built.
1.
a.
If two or more contiguous lots or parcels are in single or joint
ownership of record as of the date of adoption of this ordinance;
or
b.
If either or both of these lots do not individually meet the dimensional
requirement of this ordinance or subsequent amendments; or
c.
If one or more of the lots are vacant or contains a primary structure,
or an accessory structure the lots shall be combined to the extent
necessary to meet the dimensional standards.
2.
The preceding shall be true except where rights have vested or the
lots have frontage on parallel streets and state laws are complied
with.
Nonconforming use rights cannot arise by the mere filing of
a notice of intent to build, an application for building permits,
or an application for required state permits and approvals. Such rights
usually arise when actual construction has begun, or, in the case
of pending applications, when the review process on a complete application
commences. Such construction must be legal at the time it is commenced
and the owner must be in possession of and in compliance with all
validly issued permits, both state and local.
Nothing herein contained shall require any change in the plans,
construction, size or designated use of any building, structure, or
part thereof, for which a building permit has been granted prior to
the adoption or amendment of this ordinance, provided construction
shall start within 90 days after the granting of such permit.
[Added 9-17-2009 by Ord. No. 2009.73; amended 2-2-2010 by Ord. No.
2009.98]
