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Zoning --- Use Permits - Expansion Limit Applies To Individual, Not Aggregate, Nonconforming Structures

Friday, July 07, 2017

A property’s neighbor failed to convince a court that an expansion limit on nonconforming structures imposed a cap on the expansion of all structures on the property---rather than a structure-by-structure cap.

Facts: Nebo Lodge, Inc. and Nebo Real Estate, LLC (together, Nebo Lodge) own and operate an inn and restaurant in the Town of North Haven, Maine. The property contains two properties: the bungalow and the lodge, the latter of which houses the inn and restaurant. Nebo Lodge renovated and expanded the lodge in 2009 and 2010. Nebo sought to renovate and expand the bungalow in 2013. To that end, it applied for a land use permit to increase the bungalow’s size and change its use to include: two staff bedrooms, an office, a kitchen, and storage for various items (e.g., bicycles and trash) otherwise stored outside.

The Nebo Lodge property is located within the Village District of North Haven, which has a 20,000-square-foot minimum lot size. The Nebo Lodge Property is smaller than that minimum, which makes [...]

 
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