Town of Eastport, ME - Article 3

3.1 Interpretation

Interpretation of what may not be clear in this ordinance shall be according to the intent of the ordinance and the Comprehensive Plan endorsed by the City Council.

3.2 Non-Conformance

Consult the definitions of "non-conforming lot," "nonconforming structure," and "non-conforming use" in Article 2 of this ordinance for additional information:

It is the intent of this ordinance to promote land use conformities, except that conditions in existence before December 12, 1991, which do not conform to the requirements of this ordinance are deemed non-conformities and shall be allowed to continue, subject to the requirements set forth in this section.

3.2.2.1 Transfer of ownership: non-conforming structures, lots and uses may be transferred, and the new owner may continue the non-conforming use or continue to use the non-conforming structure or lot, subject to the provisions of this ordinance.

3.2.2.2 Repair and Maintenance: This Ordinance allows, without a permit the normal upkeep and maintenance of non-conforming uses and structures including repairs or renovation which do not involve expansion of the non-conforming use or structure, and such other changes in a non-conforming use or structure as Federal, State or local building and safety codes may require.

3.2.3 Non-conforming Structures

3.2.3.1 Expansions: A non-conforming structure may be added to or expanded after obtaining a permit from the same permitting authority as that for a new structure, if such addition or expansion does not increase the non-conformity of the structure.

3.2.3.1.1 If any portion of a structure is less than the required setback

from the normal high-water line or upland edge of a wetland, that portion of the structure shall not be expanded in floor area or volume by 30%

or more during the lifetime of the structure.

3.2.3.1.2 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 Permitting Authority

basing its decision on the criteria specified in "subsection 3.2.3.2, Relocation;"

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 additional feet.

3.2.3.1.3 No structure which is less than the required setback from the normal high-water line or the upland edge of wetland shall be expanded towards the water body or wetland.

3.2.3.2 Relocation: A non-conforming 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 Permitting authority, 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 no case shall a structure be relocated in a manner that causes the structure to be more non-conforming. In determining whether the building relocation meets the setback to the greatest practical extent, the Permitting authority shall consider the size of the lot, the slope of the land, the potential for soil erosion, location of other structures on the property and on adjacent properties, 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.

3.2.3.3 Reconstruction or Replacement: Any non-conforming structure which is removed, 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 is obtained within one year of the date of said damage, destruction, or removal, and provided that, if applicable, such reconstruction or replacement is in compliance with the water setback requirement to the greatest practical extent as determined by the Planning Board in accordance with the purposes of this Ordinance. In no case shall a structure be reconstructed or replaced so as to increase its non-conformity.

3.2.3.3.1 Any non-conforming structure which is damaged or destroyed

by 50% or less of the market value of the structure,excluding normal

maintenance and repair, may be reconstructed in place with a permit

3.2.3.3.2 In determining whether the building reconstruction or replacement meets the water setback to the greatest practical extent, the Planning Board shall consider in addition to the criteria in 3.2.3.1.2, the physical condition and type of foundation present, if any.

3.2.4 - Change of Use of a Non-conforming Structure

3.2.4.1 The use of a non-conforming structure may not be changed to another use unless the Permitting Authority, after receiving a written application, determines that the new use will have no greater adverse impact upon the water body or wetland, or on the subject or adjacent properties and resources than the existing use.

3.2.4.2 In determining that no greater adverse impact will occur, the applicant may be required to provide written documentation regarding the probable effects on public health and safety, commercial fishing, maritime activities, and other functionally water-dependent uses, erosion and sedimentation, water quality, fish and wildlife habitat, vegetative cover, points of public access to waters, natural beauty, flood plain management, and archaeological as well as historic resources.

3.2.5 - Non-conforming Uses

3.2.5.1 Expansions: Expansions of nonconforming uses are prohibited, except that non-conforming residential uses may, after obtaining a permit from the Permitting authority for the existing structures, be expanded within existing structures, or within expansions of such structures provided such expansions conform to the dimensional requirements of the zoning district.

3.2.5.2 Resumption Prohibited: A lot, building or structure in or on which a non-conforming use is discontinued for a period exceeding one year, or which is superseded by a conforming use may not again be devoted to a non-conforming use except that the Zoning Board of Appeals may, for good cause shown by the applicant, grant up to a one year extension to that time period. This provision shall not apply to the resumption of a use of a residential structure provided that the structure has been used or maintained for residential purposes during the preceding five years.

3.2.5.3 Change of Use: An existing non-conforming use may be changed to another nonconforming use provided that the proposed use has no greater adverse impact on the subject and adjacent properties and resources than the former use, as determined by the Permitting Authority. The determination of no greater adverse impact shall be made according to criteria listed in “Section 3.2.4.2” above.

3.2.6 - Non-conforming Lots

3.2.6.1 Non-conforming Lots:

3.2.6.1.2 In all other districts in which single-family dwellings are permitted,a single family dwelling may be erected on any single lot or record even thougt the lot area dies not conform to the requirements of the particular district. However, such lot must be in separate ownership and not contiguous with any other lot in the same ownership, and lot coverage may not exceed 30%. Smaller yard dimensions may be permitted by variance, but in no case shall any front, back, or side yard be less than three feet.

3.2.6.2 Contiguous Built Lots

3.2.6.2.1 If two or more lots or parcels are in a single or joint ownership

of record at the time of adoption of this Ordinance and if all or part of the

lots do not meet the demensional requirements of this Ordinance, and if

a principal use or structure exists on each lot, the non-conforming lots

may be conveyed separately or together, provided that the "State minimum

Lot Size Law and Subsurface Wastewater Disposal Rules" are complied with.

3.2.6.2.2 If two or more principal uses or structures existed on a single lot of

record on December 12, 1991, each may be sold as a separate lot provided

that the above referenced law and rules are complied with. When such lots

are divided, each lot thus created must conform to the greatest extent possible

with the dimensional requirements of this ordinance.

3.2.6.3 Contiguous Lots-Vacant or Partially Built

3.2.6.3.1 If two or more contiguous lots or parcels are in single or joint

ownership of record at the time of or since adoption or amendment of

this Ordinance, if any of these lots do not individually meet the

dimensional requirements of this ordinance or subsequent amendments,

and if one or more of the lots are vacant or contain no principal structure,

the lots shall be combined to the extent necessary to meet the dimensional

3.3 Additional Uses

Uses other than those specifically mentioned in this ordinance as permitted or special exception uses may be allowed by Board of Appeals vote provided that such other uses:

3.3.1 Are similar in character to the permitted or special exception uses in the particular district;

3.3.2 will have no adverse effect on adjacent properties, the neighborhood, or the community.

3.4 Public Hearings

The public shall be duly informed of any Public Hearing that may be required for amendments, variances, special exceptions and other aspects of this Ordinance. The method of informing the public shall be:

3.4.1 advertisement in a local newspaper not less than ten days before the

3.4.2 posting of a notice in at least six public places five days prior to the

This Ordinance may be amended as follows:

3.5.1 by a majority vote of the Eastport City Council if the proposed amendment is recommended by the Planning Board, or

3.5.2 by 80% majority vote of the Eastport City Council if the proposed amendment

is not recommended by the Planning Board.

3.5.3 by 80% majority vote of the Eastport City Council if there are objections in writing signed by at least 10% of the property owners either within the affected area or within 200 feet of the affected area's boundaries.

3.5.4 In all cases, the Planning Board shall hold a public hearing at least 15 days

prior to the meeting of the Eastport City Council to consider the proposed

amendment. The person or organization requesting the amendment shall post

a fee of $25.00 to the City Clerk to cover publication costs associated with the

amendment process. Notice of the hearing shall be posted at least 10 days in

advance in a newspaper of general circulation in the area.

3.5.5 Copies of amendments affecting the Shoreland districts, after being attested

and signed by the City Clerk, shall be submitted to the Board of Environmental

Protection following adoption by the City Council and shall not be effective unless

approved by that Board. If the Board fails to act upon any amendment within forty-five

days of its receipt of the amendment, the amendment is automatically approved.

Any application for a permit submitted to the municipality within the forty-five day

period shall be governed by the terms of the amendment, if such amendment is

approved by the Board.