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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of the structure shall be replanted with action of the Building Authority as authorized
vegetation which may consist of grasses, herein, the Building Authority must find, based
shrubs, trees, or a combination thereof. on competent evidence, supported by public
D. Buildings in existence on January 1, 1989, and records, that:
located in the Shoreland Zone may be 1. The nonconforming dwelling units were
expanded once during the lifetime of the either in existence April 1, 2005, or the
structure up to 25 feet toward a freshwater structure in which they are located was
wetland or tributary stream, provided that a originally designed to accommodate more
minimum setback of 40 feet is maintained and than the number of such units presently in
that the existing floor area or volume is not use.
increased by more than 30%, and shall not 2. The applicant neither constructed nor
create any undue environmental impact or established the nonconforming dwelling
flood-prone condition. units.
3. The nonconforming dwelling units comply
4.4.6 Nonconformity as to number of dwelling with or can be made to comply with
units current standards of Chapter 10 of the City
A. Purpose. The purpose of this provision is to of Portland Code of Ordinances, including
establish a process whereby certain dwellings the National Fire Protection Association
which contain more dwelling units than the Life Safety Code and the National Fire
number permitted by the applicable provisions Protection Association 1: Fire Prevention
of the Land Use Code may be recognized as Code, as amended.
legal, nonconforming uses. 4. Each of the nonconforming dwelling units
B. Application. Application for validation of such complies with, or can be made to comply
nonconforming dwelling units shall be on a with, provisions of the Chapter 6 of the
form provided by the Building Authority, and City of Portland Code of Ordinances, as
will be accompanied by: amended, including, but not limited to, the
1. An application fee as established by the minimum standards for space and
City Council to cover administrative costs. occupancy, the minimum plumbing
2. A plan, drawn to scale, which shows the standards, and the minimum ventilation
location of the building(s) on the lot, standards.
parking, easements, dumpsters, fencing, 5. The structure containing the
public ways, and any other significant nonconforming dwelling units is located in
feature. the R-3, R-4, R-5/R-5a, R-6/R-6a, R-7, B-1/B-1b,
3. A floor plan for each unit in the dwelling, B-2/B-2b/B-2c, or IS-FBC zones.
whether or not it is the subject of the In the absence of legally competent evidence,
application. supported by records (such as, but not limited
C. Eligibility. In order for a nonconforming to, Assessor’s records, purchase and sale
dwelling unit to be validated by administrative agreements, affidavits, deeds, mortgages, as 4-6 | CITY OF PORTLAND LAND USE CODE NONCONFORMING USES, STRUCTURES & LOTS

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