Summary of Proposed Changes for Nonconforming Structures

EXPANSION OF NONCONFORMING USES & STRUCTURES MINOR POLICY CHANGE

Summary The regulations dealing with nonconforming structure expansions will be overhauled to make them more in line with the pattern of development and the issues faced in Durham. The proposed changes will simplify the process for property owners and eliminate confusion in the current regulations.

Current vs. Proposed Expansion of Nonconforming Uses & Structures
          Aspect                       Current                     Proposed
 Expansion of Residential     30% limit with              Confusing language to be
 “Uses”                       conditional use review by   removed.
                              Planning Board, unlimited
                              expansion with Board of
                              Appeals review of
                              groundwater impacts.
 Expansion of Residential     Expansion allowed with      Expansion allowed with Code
 Structures                   Planning Board approval     Officer review of no increase
                              of foundation location.     in nonconformity.
 Time limit extension on      Planning Board review of    Board of Appeals review of
 discontinued                 circumstances.              circumstances.
 nonconforming use.

Why the Change? The current regulations governing expansions of such uses and structures were copied from more densely developed communities with separate residential and commercial zoning districts where nonconformity is much more prevalent and contain provisions that are not relevant to Durham. The proposed changes will tailor the regulations to Durham’s more rural setting, land use patterns, and administrative framework.

We want to hear from you! Do you support the proposed changes to the rules for expanding nonconforming structures? Do you have concerns about them? Please share your thoughts with the Planning Board during the public participation process. You can submit written comments to the Town Planner for circulation to the Board by emailing townplanner@durhammaine.gov.