Code of Maine Rules
94 - INDEPENDENT AGENCIES
412 - SACO RIVER CORRIDOR COMMISSION
Chapter 107 - PERFORMANCE STANDARDS GOVERNING EXPANSIONS OF EXISTING NONCONFORMING USES, INCLUDING STRUCTURES
Section 412-107-3 - Criteria for Approving an Expansion, Reconstruction or Replacement of an Existing Nonconforming Structure within the Corridor

A. The proposed structure will be on soils suitable for the proposed use and will not unreasonably involve any of the factors enumerated in 38 M.R.S.A. Section 959-A.1.A.-K. of the Saco River Corridor Act.

B. The proposed structure will not result in an increase in nonconformity of all applicable performance standards.

C. If the structure involves any increase in the number of bedrooms in a single or multi-family residential dwelling, or if it involves an anticipated increase in the amount of wastewater generated by the expanded use, then, prior to issuance of any permit for the construction, the applicant shall provide documentation that the existing system of sewage disposal is adequate under the provisions of the Maine Subsurface Wastewater Disposal Rules, Maine State Plumbing Code, and/or other applicable state requirements, or shall, as part of the permit application, submit a proposal for a new system adequate to serve the expanded use. No permit shall be issued by the commission until the applicant has demonstrated that the existing sewage disposal system is adequate or that a system of sewage disposal adequate for the intended use can and will be installed. The commission may require, when a new system is found to be necessary, that the new system be installed prior to the commencement of the proposed expansion.

D. A permit from the Commission is required for the construction of a new or enlarged basement.

E. After September 1, 1983, in areas of the Saco River corridor which are also within the shoreland zone established by 38 M.R.S.A. Section 435, if any portion of a structure does not meet applicable setback standards, that portion of the structure shall not be expanded in footprint by more than 30% during the lifetime of the structure.

F. Non-vegetated surfaces shall not exceed a total of twenty (20) percent of the portion of the lot within the Shoreland Zone. For purposes of calculating lot coverage, non-vegetated surfaces include, but are not limited to the following: structures, driveways, parking areas, patios and other areas from which the vegetation has been removed. Naturally occurring ledge and rock outcroppings are not counted as non-vegetated surfaces. This standard shall not apply to areas of the corridor designated as a General Development District prior to September 1, 1983.

G. Any building expansion must be an integral part of the primary residential structure. This shall be accomplished by a direct, physical above-ground connection of the addition or accessory structure to the existing structure by load-bearing surfaces, including roofs and common walls.

H. If the proposed structure can be relocated or reconstructed to meet the applicable setback and frontage requirements, then no portion of the reconstructed structure shall be replaced at less than the setback and frontage requirements for a new structure. This requirement shall not apply within General Development Districts established prior to September 1, 1983.

If the existing nonconforming structure is located within a General Development District established prior to September 1, 1983, the structure may be reconstructed or replaced in its existing location. Where there is a conflict between this standard and the Maine DEP Shoreland Zoning Ordinance, the stricter provision shall prevail.

I. The proposed structure must meet the setback requirements to the greatest extent practical as determined by the commission or its designee. In determining whether the proposed structure meets the setback to the greatest extent practical, the commission shall consider the size of the lot, the slope of the land, the potential for soil erosion, the location of any other structures on the property and on adjacent properties, the current location of the septic system and on-site soils suitable for septic systems, the type and amount of vegetation to be removed to accomplish a relocation, the type and physical condition of the current foundation, and any other applicable standards to address the environmental factors pursuant to Chapter 103. These criteria shall not apply in areas established as a General Development District prior to September 1, 1983.

J. In the event the proposed structure does not meet the standards contained in 3.A.-I. above, the applicant may seek a variance under the provisions of 38 M.R.S.A. Section 963.