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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B.   A lot of record that has been held in common                nonconforming residential structure, but no
     ownership with any adjoining lot(s) at any point            alterations, modifications, or additions shall be
     after the relevant date below shall be                      made to it, except as provided in Subsections
     considered a buildable lot only if: 1) none of the          4.4.2 and 4.4.3.
     lot(s) are in the Shoreland Zone; 2) any existing     B.    A nonconforming structure damaged by fire,
     structure meets, or will be modified to meet,               explosion, flood, riot, act of the public enemy,
     the applicable setback dimensions; and 3) it                accident of any kind, decay, or otherwise may
     meets the following minimum standards:                      be maintained, repaired, reconstructed,
     1.   A lot of record as of June 5, 1957 may be              restored or rebuilt only where:
          considered a buildable lot in the R-1, R-2, R-         1.   The restoration or reconstruction is of a
          3, R-4, R-5, R-5A, or R-6 zones provided                    building which is lawfully nonconforming
          that: a) the applicable setback dimensions                  only as to lot area, setbacks, or any other
          can be met; b) the lot has a minimum                        dimensional requirements.
          street frontage of 40 feet or the applicable           2.   Where the restoration or reconstruction
          street frontage of the zone, whichever is                   will occur entirely within the existing
          less; and c) the lot has a minimum lot size                 footprint and previous shell of the building
          of 5,000 square feet or the applicable                      and where no alterations, modifications, or
          minimum lot size of the zone, whichever is                  additions will be made except as provided
          less.                                                       in this article and as permitted in
     2.   A lot of record as of June 5, 1984 may be                   Subsections 4.4.2 and 4.4.3.
          considered a buildable lot in the R-1, R-2, R-         3.   Restoration or reconstruction is
          3, R-4, R-5, R-5A, or R-6 zones provided that               commenced within one year for a
          the applicable setback dimensions can be                    nonconforming nonresidential structure,
          met.                                                        or two years for a nonconforming
     3.   So long as the setbacks are met, any                        residential structure, of the initial damage
          nonconformities of structures and                           where such damage is sudden and
          buildings, existing prior to June 5, 1957, on               accidental and is diligently pursued to
          developed lots of record shall be                           completion without expiration of permits.
          considered lawfully existing                                For buildings in the Shoreland Zone, state
          nonconformities.                                            regulations may also govern and provide
                                                                      for a shorter period for restoration or
4.4 NONCONFORMING                                                     reconstruction of nonconforming
     BUILDINGS/STRUCTURES                                             structures.
4.4.1 Restoration or reconstruction                              4.   Restoration or reconstruction necessitated
A.   A lawful nonconforming nonresidential                            by decay must be commenced within one
     structure may be maintained, repaired, or                        year of the demolition of the building and
     reconstructed in kind within a one-year period                   diligently pursued to completion without
     or within a two-year period for a lawful                         expiration of permits. CITY OF PORTLAND LAND USE CODE | 4-3 NONCONFORMING USES, STRUCTURES, & LOTS
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