Portland City Code ch. 14

Citation: Portland City Code ch. 14
Parent Document: Portland City Code ch. 14
Jurisdiction: Portland (municipal)
Original Source: https://www.portlandmaine.gov/asset/ae8cabd1-66eb-4a1c-9224-92bbca5e792f ↗

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4 NONCONFORMING USES, Use Code. Nothing within this subsection shall
STRUCTURES, & LOTS be construed to permit an increase in the
number of units in a building which is
4.1 CONTINUATION nonconforming as to the number of dwelling
Any building, structure, lots, or use, that was legally units or will become nonconforming as a result
existing at the time of its creation and made of such alteration, modification, or addition.
nonconforming by the provisions of this Land Use
Code or any amendment thereto may be continued 4.2.2 Change of nonconforming use
although such building, structure, lot, or use does When a nonconforming use has been changed to a
not conform with the provisions of this Land Use permitted use, it shall not thereafter be changed
Code. back to any non-permitted use. For purposes of this
subsection, a use shall be deemed to have been so
4.2 NONCONFORMING USES changed when an existing nonconforming use is
4.2.1 Increase in nonconforming use terminated and a permitted use is commenced and
A. A structure whose use is wholly nonconforming continued for a period of seven days. Any change of
shall not be altered so as to increase the cubical use in violation of this article shall be deemed to be
content or the extent of nonconformity, except an abandonment of the lawfully existing
as provided for in (C), below. nonconforming use. A lawful nonconforming use
B. A nonconforming use on premises outside of a shall not be changed to any use other than a use
building shall not be extended or allowed to permitted in the zone in which the use is located or
occupy additional land area. to any use other than a nonconforming use of a
C. No alterations, modifications, or additions shall more restricted zone, as set forth in the following
be made so as to increase the cubical content schedule, provided that in no such case shall any
or the degree of nonconforming use, nor shall a structural alterations be made in any building except
nonconforming use be extended to any other those required by law, ordinance, or other
part of a structure, unless such extension of a regulations:
nonconforming use is solely for the purpose of A. In a mixed-use zone, from any use permitted in
bringing the use into compliance with health or an industrial zone to any use permitted in a
safety codes, or to correct a condition which is mixed-use zone.
determined by the Board of Appeals to B. In a B-1/B-1b zone, from any use permitted in a
constitute a health or safety problem. In either B-3 zone to any use permitted in a B-2 zone.
case, the expansion shall be limited to the C. In a residential zone, from any use permitted in
minimum necessary to accomplish that a B-2 zone to any use permitted in a B-1/B-1b
purpose. zone.
D. Except as expressly provided herein, any D. In a residential zone, from any use permitted in
alteration, modification, or addition permitted any other residential zone to any use permitted
under this subsection shall be in compliance in a more restrictive residence zone. For the
with all other applicable sections of this Land purpose of this subsection, an R-6 zone shall be CITY OF PORTLAND LAND USE CODE | 4-1 NONCONFORMING USES, STRUCTURES, & LOTS

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