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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deemed the least restrictive and an R-1 zone         and provide for a shorter period of time for
    shall be deemed the most restrictive, with the       nonconforming properties.
    intervening zones restricted in order of zone
    number.                                              4.3 NONCONFORMING LOTS
                                                         4.3.1 Lots of record
4.2.3 Discontinuance of use of land                      A.   A lot of record that has been held in separate
A nonconforming use of land where no buildings or             and distinct ownership from adjoining lots as of
only incidental or accessory buildings are employed           the relevant date below shall be considered a
together with such use shall not be changed to any            buildable lot if it meets the following minimum
other nonconforming use, and if such use is                   standards:
discontinued for a period of 90 days, it shall not be         1.   A lot of record as of June 5, 1957 may be
reestablished.                                                     considered a buildable lot in the R-1, R-2, R-
                                                                   3, R-4, R-5, R-5a, or R-6 zones provided that:
4.2.4 Discontinuance of use of property                            a) the applicable setback dimensions can
If a legally nonconforming nonresidential use is                   be met; b) the lot has a minimum street
discontinued for a period of 12 months or if a legally             frontage of 40 feet or the applicable street
nonconforming residential use is discontinued for a                frontage of the zone, whichever is less; and
period of 24 months, such discontinuance shall                     c) the lot has a minimum lot size of 5,000
constitute an abandonment of the use and the                       square feet or the applicable minimum lot
property shall not thereafter be occupied or used                  size of the zone, whichever is less.
except in conformity with the provisions of this              2.   A lot of record as of June 5, 1984 may be
article. A nonconforming use of land which is                      considered a buildable lot in the R-1, R-2, R-
incidental or accessory to such nonconforming use                  3, R-4, R-5, R-5a, or R-6 zones provided that
shall be considered as being discontinued at the                   the applicable setback dimensions can be
same time as the nonconforming use of the                          met.
structure. In cases of foreclosure or similar                 3.   A lot of record as of July 15, 1985 may be
situations involving a legally nonconforming use, the              considered a buildable lot in the IR-1 and
Planning Authority shall be authorized to extend the               IR-2 zones, provided that the applicable
aforementioned period up to an additional five                     setback dimensions can be met and
years provided that the extension is for good cause                provided further that a lot in the IR-1 zone
and the minimum length considered necessary to                     has a minimum lot area of 10,000 square
resume the legally nonconforming use of the                        feet and a lot in the IR-2 zone has a
structure. If the Planning Authority extends the                   minimum lot area of 6,500 square feet
period for resuming the nonconforming use, any                     unless the lot is served by both public
associated existing nonconformities of structures                  sewer and public water, in which case the
and land shall also be extended. For buildings in the              lot has a minimum area of 5,000 square
Shoreland Zone, state regulations may also govern                  feet. 4-2 | CITY OF PORTLAND LAND USE CODE NONCONFORMING USES, STRUCTURES & LOTS
Other Sections in This Document (541)

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