Narrative Opinion Summary
In this case, the appellant challenged the York Zoning Board of Appeals' decision requiring the merger of her contiguous lots to comply with zoning regulations. The appellant owned four contiguous 4,000 square foot lots, with two lots containing a residence. The York Beach Zoning Ordinance mandated a minimum lot size of 12,000 square feet for residential construction. After obtaining a building permit for an 8,000 square foot parcel, construction was stopped due to a violation of the ordinance. The Zoning Board ruled that all four lots must be merged to satisfy the zoning ordinance's dimensional standards, as outlined in sections III(F) and (G). The Superior Court affirmed the Board's ruling, emphasizing the ordinance's language intent to merge both improved and unimproved lots to eliminate nonconforming uses and prevent substandard parcels. Consequently, the Board's decision to enforce the lot merger was upheld, necessitating compliance with the minimum lot size requirements for residential development.
Legal Issues Addressed
Intent to Eliminate Nonconforming Usessubscribe to see similar legal issues
Application: The court found that the language of the ordinance intended to eliminate nonconforming uses by requiring the merger of both improved and unimproved lots.
Reasoning: The court held that the language of section III(G) indicated an intent to require the merger of both improved and unimproved lots to eliminate nonconforming uses.
Merger of Contiguous Lotssubscribe to see similar legal issues
Application: The court upheld the decision that all lots must be merged to meet dimensional standards specified in the zoning ordinance.
Reasoning: The Board determined that all four lots must be merged to meet dimensional standards, as specified in sections III(F) and (G) of the Ordinance.
Zoning Ordinance Compliance for Lot Sizesubscribe to see similar legal issues
Application: The requirement for lot merger under the York Beach Zoning Ordinance was enforced to ensure compliance with minimum lot size regulations for residential construction.
Reasoning: The Superior Court affirmed the Board's ruling that the York Beach Zoning Ordinance (Ordinance) required the merger of Robertson's contiguous lots for compliance with minimum lot size requirements.