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

Current through 2024-29, July 17, 2024
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.