Section 412-107-5 - Additional Conditions Specific to Height RestrictionsA. Within an area extending 250 feet from the normal or mean high water line of the Saco, Ossipee, or Little Ossipee rivers, an existing nonconforming structure that does not meet the required setback or frontage requirements may be expanded, reconstructed or replaced if the proposed project meets the following additional criteria: (1) The proposed structure is no larger than the area of the footprint of the original structure, except as allowed pursuant to Section 3. E. above. The proposed structure does not exceed the height restrictions identified in Table A, except as allowed pursuant to Section 5. A.4. below. The height requirement shall not apply to areas of the corridor designated as a General Development District prior to September 1, 1983. Table A
Setback from the Normal or Mean High Water Line | Maximum Height |
0 feet to <25 feet setback | 15 feet |
25 feet to <75 feet setback | 20 feet |
75 feet to <100 feet setback | 25 feet |
100 feet to 250 feet setback, and beyond | 35 feet |
100 feet to 250 feet setback in Resource Protection District | 25 feet |
(2) If the proposed structure meets all criteria above, the existing structure may be reconstructed or replaced and also may be expanded in footprint by 30% once during the lifetime of the structure.(3) The standards noted above in subsections 5.A.(1-2), 3.B, and 3.E. shall not apply to areas of the corridor within 100-250 feet from the normal or mean high water line of the rivers designated as a General Development District prior to September 1, 1983.(4) The height of a structure that is a legally existing nonconforming principal or accessory structure may be raised to, but not above, the minimum elevation necessary to be consistent with the local floodplain management elevation requirement, as long as the structure is relocated, reconstructed or elevated within the boundaries of the parcel so that the water body or wetland setback requirement is met to the greatest practical extent. This paragraph applies to structures that:
A. Have been or are proposed to be relocated, reconstructed or elevated to be consistent with the local floodplain management elevation requirement; andB. Are located in an area of 100-year floodplain.94-412 C.M.R. ch. 107, § 5