Portland City Code ch. 14

Citation: Portland City Code ch. 14 5.
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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5.   Any reconstruction, under this provision, in         setbacks may be vertically or horizontally
          the R-6 zone on a lot with 10,000 square             expanded provided that the area of expansion
          feet or less, other than the exact                   meets all current dimensional requirements,
          restoration of a previously existing building        except as provided in (D) below.
          on the site, shall comply with the              D. A vertical expansion above a portion of a
          applicable standards contained within the            building that is lawfully nonconforming as to
          City of Portland Design Manual.                      minimum setbacks may be permitted a one-
                                                               time increase of one additional story provided
4.4.2 Alteration or modification                               that:
Alteration or modification may be made to a                    1.      No portion of the expansion horizontally
building which is lawfully nonconforming as to any                     extends beyond the nonconforming
dimensional requirement where the proposed                             portion of the first story of the structure.
changes in existing exterior walls and/or roofs would          2.      Any portion of a vertical expansion above
be within the space occupied by the existing shell of                  the permitted one additional story shall
the building, and would not create any new                             meet the required minimum setback.
nonconformity nor increase any existing
nonconformity, except as provided elsewhere in this       4.4.4 Enclosure of porches in required setbacks
article and as permitted under Subsection 4.4.3. This     Any open porch existing with a roof over the same
subsection shall not apply to buildings located           on June 5, 1957, and encroaching upon any setback
within the Shoreland Zone and existing on June 15,        required by this chapter may be enclosed if the
1992, which are nonconforming only as to setbacks         major portion of the enclosure is of glass.
from wetlands, tributary streams, or other water
bodies, which shall be regulated in accordance with       4.4.5 Expansions in the Shoreland Zone
Subsection 4.4.5.                                         A nonconforming structure may be added to or
                                                          expanded if such addition or expansion does not
4.4.3 Building extensions                                 increase the nonconformity of the structure and is
Existing principal buildings which are lawfully           in accordance with the following provisions:
nonconforming as to dimensional requirements              A.   After January 1, 1989, if any portion of a
may be enlarged subject to the following provisions:           structure is less than the required setback from
A.   No modification to an existing nonconforming              the normal high water line of a water body or
     building shall increase any existing                      tributary stream or the upland edge of a
     nonconformity of a lot, use, or structure,                wetland that portion of the structure shall not
     except as provided in (D) below.                          be expanded, as measured in floor area or
B.   No modification to an existing nonconforming              volume, by 30% or more, during the lifetime of
     building shall create new noncompliance with              the structure. If a replacement structure
     any provision of this Land Use Code.                      conforms with the requirements of this
C.   Existing buildings that are lawfully                      subsection, and is less than the required
     nonconforming as to required minimum                      setback from a water body, tributary stream, or 4-4 | CITY OF PORTLAND LAND USE CODE NONCONFORMING USES, STRUCTURES & LOTS
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