Portland City Code ch. 14 (Land Use Code)

Citation: Portland City Code ch. 14 (Land Use Code)
Jurisdiction: Portland (municipal)
Source: Official source
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4 NONCONFORMING USES, 4.2 NONCONFORMING USES
STRUCTURES, & LOTS 4.2.1 Expansion of nonconforming use
A nonconforming use of a structure or land shall
4.1 IN GENERAL not be expanded or increased in intensity.
4.1.1 Continuation Expansion shall include any addition, extension, or
Any building, structure, lot, or use that legally enlargement that increases the cubical content of
existed at the time of its creation and has been any structure devoted entirely to a nonconforming
made nonconforming by the provisions of this Land use, and any extension or relocation of a
Use Code or any subsequent amendment hereto nonconforming use to any other structure, portion
may be continued, subject to the provisions of this of floor area, or land area currently not occupied by
article, so long as it remains otherwise legal. such nonconforming use. This provision shall not
apply in the case of expansion of a nonconforming
4.1.2 Burden on property owner use solely for the purpose of bringing the use into
The burden of establishing the legality of a compliance with health or safety codes, or to
nonconformity under the provisions of this Land correct a condition which is determined by the
Use Code is the responsibility of the property owner Board of Appeals to constitute a health or safety
or operator of the nonconforming use, lot, building, problem. Any such expansion shall be limited to the
or structure. Based upon the evidence presented, minimum necessary to accomplish that purpose.
the Building Authority or their designee will make a Except as expressly provided herein, any expansion,
determination of the validity of the nonconforming extension, or enlargement permitted under this
status. subsection shall be in compliance with all other
applicable sections of this Land Use Code. Nothing