This chapter shall be known and may be cited
as the "Zoning Ordinance of the Town of South Berwick, Maine," and
will be referred to herein as "this chapter."
Captions and headings within this chapter are
an integral part of the chapter and are intended to be utilized in
determining the meaning and applicability of the sections they identify.
A.
The purposes of this chapter are as follows:
(1)
To prevent and control water pollution and protect
spawning grounds, fish and aquatic life and bird and wildlife habitats.
(2)
To conserve shore cover, visual as well as actual
points of access to inland and coastal waters and points of natural
beauty.
(3)
To provide for the public health and safety, environmental
quality and economic well-being of the community.
(4)
To regulate land uses, building sites and placement
of structures.
(5)
To conserve the historical and architectural integrity
of the existing historic sites, landmarks and districts and to assure
that future development is compatible both in character and in use.
(6)
To further the ideals and guidelines outlined in the
South Berwick Comprehensive Plan.
B.
The chapter does not grant any property rights; it
does not authorize any person to trespass, infringe upon or injure
the property of another; it does not excuse any person from the necessity
of complying with other applicable laws and regulations.
All buildings or structures hereinafter, erected,
reconstructed, altered, enlarged or moved and changes in uses of premises
in the Town of South Berwick shall be in conformity with the provisions
of this chapter.
A.
Purposes. The intent of this chapter is to regulate
nonconforming lots, uses and structures. The chapter intends to be
realistic so that nonconforming vacant lots of record can be reasonably
developed and nonconforming existing structures can be properly changed
to other less nonconforming or to conforming uses. 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.
B.
General provisions.
(1)
Continuance, enlargement, reconstruction. Any use
of land or any building, structure or parts thereof legally existing
at the time of the adoption of this chapter, or at any time a zone
is changed by amendment hereafter, which does not conform to the requirements
of this chapter or its amendments may continue, but may not be extended,
reconstructed, enlarged or structurally altered except as specified
below.
(2)
Transfer of ownership. Ownership of lots, structures
and uses which remain lawful but become nonconforming by the adoption
or amendment of this chapter 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 chapter.
(3)
Restoration or replacement.
(a)
This chapter 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.
(b)
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 two years of the date of said damage or destruction, provided
that:
[1]
The nonconforming dimensions of any restored
or reconstructed structure shall not exceed the nonconforming dimensions
of the structure it replaces.
[2]
Any nonconforming structure shall not be enlarged
except in conformity with this chapter and the Maine State Plumbing
Code and within the existing lines of nonconformity.
[3]
Any nonconforming use shall not be expanded
in area.
(4)
Nothing in this section shall prevent the demolition
of the remains of any building so damaged or destroyed.
(5)
Notwithstanding
any other provisions in this chapter, a change in the dimensions of
a lot of record that results from the exercise of the power of eminent
domain by the Town of South Berwick or the State of Maine shall not
render the lot or any buildings or structures on the lot nonconforming
and shall not be considered an increase, expansion or enlargement
of any nonconformity existing at the time of the taking.
[Added 2-13-2018]
C.
Nonconforming use.
(1)
Resumption prohibited. A lot, building or structure in which a nonconforming use is discontinued for a period exceeding 12 months 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. This Subsection C(1) shall not prevent resumption of a discontinued use which is nonconforming because it fails to comply with one or more of the dimensional requirements or performance standards of this chapter, but which is listed as a permitted use or a use requiring site plan review or major site plan review in Table A, the Table of Land Uses.[1] Such use may be resumed only if the resumed use complies
with the dimensional requirements and performance standards to the
fullest extent possible without making structural modifications to
buildings or structures or altering the dimensions of the lot. If
such use is listed on Table A as requiring site plan review or major
site plan review, such review must be completed before the use is
resumed.
[1]
Editor's Note: Table A is included at the end of this chapter.
(2)
A structure nonconforming as to use.
(a)
A building or structure, nonconforming as to
use, shall not be enlarged unless the nonconforming use is terminated.
(b)
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 chapter or of any amendment making such use nonconforming.
(3)
Change of use. An existing nonconforming use may be changed to another nonconforming use, provided that the proposed use is equal or more appropriate to the district than the existing nonconforming use and the impact on adjacent properties is less adverse than the impact of the former use as determined by the Planning Board. The case shall be heard under site plan review (§ 140-77).
(4)
Use of land.
(5)
Notwithstanding the provisions of § 140-5C(2) and (4) above, a nonconforming use of land, buildings or structures, may be enlarged, extended or expanded upon approval by the South Berwick Planning Board and subject to the following provisions:
(a)
A nonconforming use of land, buildings or structures may be enlarged, extended or expanded upon approval by the South Berwick Planning Board following major site plan review in accordance with § 140-77.
(b)
The impact and the effects of the enlargement,
extension or expansion on existing uses in the neighborhood will not
be substantially different from or greater than the impact and effects
of the nonconforming use before the proposed enlargement, extension
or expansion.
(d)
The expansion of nonconforming uses in the shoreland
area is governed by the provisions of § 140-48N.
D.
Nonconforming structures (pertaining to dimensional
requirements). Applications regarding nonconforming use shall be reviewed
under the provisions above.
(1)
Enlargements controlled.
(a)
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 statutes must be adhered to.
(b)
The addition of an open patio with no structures
elevated above ground level shall not constitute the expansion of
a nonconforming structure. The addition of steps or the enclosure
of an existing porch shall not constitute the expansion of a nonconforming
structure. But the addition of a deck, bulkhead or chimney does constitute
the expansion of a nonconforming structure; and, therefore, they shall
meet all the dimensional requirements of this chapter.
(c)
The placing of a foundation below a lawfully
existing nonconforming structure shall not constitute the expansion
of the structure.
(d)
Construction of a foundation under an existing
dwelling which expands habitable space shall be considered an expansion
and shall be subject to the State Plumbing Rules (30-A M.R.S.A. § 4201
et seq.) requiring new soils documentation.
(e)
Within 250 feet of water bodies protected either
by the Resource Protection District or the Floodplain and Shoreland/Slope
District, no structure which is less than the required setback from
the normal high-water mark of those water bodies shall be expanded
toward the water.
[Amended 6-15-2009]
(f)
The conversion of a building existing on February
25, 1999, to multifamily use in the B1 District shall not be considered
an expansion of the structure, provided that the exterior dimensions
of the structure are not altered.
(2)
Discontinuance. Discontinuance of the use of a legally
existing nonconforming structure shall not constitute abandonment
of the structure.
(3)
Conforming use of the structure may be revived at
any time.
(4)
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 to bring parking and/or loading space into conformance with the requirements of this chapter for both the addition or alteration and for the original building or structure, except that the Planning Board may approve a lesser number of parking and/or loading spaces by applying the procedures and standards for site plan review under § 140-77 of this chapter.
E.
Nonconforming lots of record.
(1)
Vacant lots. A nonconforming vacant lot of record
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 chapter and the Maine State Plumbing
Rules, except lot size and frontage, can be met. Variance of yard
or other requirements not involving area or frontage shall be obtained
only by action of the Zoning Board of Appeals.
(2)
Built lots. A nonconforming lot of record that was
built upon prior to the enactment or subsequent amendment of this
chapter is subject to the following restrictions: The structure(s)
may be repaired, maintained or improved and may be enlarged in conformity
with all dimensional requirements of this chapter except lot area,
lot width or lot frontage. If the proposed enlargement of the structure(s)
cannot meet the dimensional requirements of this chapter, a variance
shall be requested from the Board of Appeals. No enlargement shall
commence until such a variance is obtained.
(3)
Contiguous built lots. If two or more contiguous lots
or parcels are in the same ownership of record at the time of adoption
or amendment of this chapter, if all or part of the lots do not meet
the dimensional requirements of this chapter and if a principal use
exists on each lot, the nonconforming lots may be conveyed separately
or together, provided that the State Minimum Lot Size Law and plumbing
rules are complied with. If two or more principal uses existed on
a single lot of record on the effective date of this chapter, each
may be sold as a separate lot, subject to Planning Board approval
and conformity to the State of Maine Plumbing Rules.
(4)
Contiguous lots, vacant or partially built. If two
or more contiguous lots or parcels are in the same ownership of record
at the time of or since adoption or amendment of this chapter, if
either or both of these lots do not individually meet the dimensional
requirements of this chapter or subsequent amendments and if two or
more of the lots are vacant or contain only an accessory structure,
the lots shall be combined to the extent necessary to meet the dimensional
standards.
F.
Actual use required. 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 the actual review process
on a complete application commences.)
A.
An amendment to this chapter may be initiated by:
(1)
Written petition of a number of voters equal to at
least 10% of the registered voters of the Town and following the provisions
of the Town Charter, Article VIII, Section 2.
(2)
The Town Council, provided that a majority of the
Council has so voted.
(3)
The Planning Board, provided that a majority of the
Board has so voted.
(4)
An application by any individual to the Planning Board,
as long as a majority of the Board so votes.
B.
An amendment to this chapter may be adopted by:
(1)
The Town Council following the provisions of the Town Charter, Article II, Section 3, Subsection VI, if the amendment is initiated by the Town Council, the Planning Board or an application approved by the Planning Board.
C.
The Department of Environmental Protection shall be
notified by the Municipal Clerk of all amendments to this chapter
affecting the Shoreland Zone and stormwater management standards within
30 days after the effective date of such amendments.
[Amended 6-15-2009]
No proposed change in this chapter which has been unfavorably acted upon by the Town Council or referendum vote shall be considered on its merits by the Town Council or referendum vote within two years after the date of such unfavorable action, unless adoption of the proposed change is recommended by unanimous vote of the Planning Board and of the Town Council or has been submitted under § 140-6A(1) above.
