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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B. Any change of use in violation of this article 4.4 NONCONFORMING STRUCTURES
shall be deemed to be an abandonment of the 4.4.1. Restoration or reconstruction
lawfully nonconforming use. A nonconforming structure damaged by fire,
explosion, flood, riot, act of the public enemy,
4.2.3 Discontinuance of nonconforming use accident of any kind, decay, or otherwise may be
If a lawfully nonconforming use is discontinued for a maintained, repaired, reconstructed, restored or
period of one year, such discontinuance shall rebuilt only where:
constitute an abandonment of the use and the A. The restoration or reconstruction is of a
property shall not thereafter be occupied or used structure which is lawfully nonconforming as to
except in conformity with the provisions of this any dimensional requirements.
Land Use Code. A nonconforming use of land which B. The restoration or reconstruction will occur
is incidental or accessory to a principal entirely within the existing footprint and
nonconforming use shall be considered previous shell of the building and no
discontinued at the same time as the alterations, modifications, or additions will be
nonconforming principal use. In cases of made except as provided in this article and as
foreclosure or similar situations involving a lawfully permitted in this subsection and Subsection
nonconforming use, the Building Authority shall be 4.4.2.
authorized to extend the aforementioned period up C. Restoration or reconstruction is commenced
to an additional five years provided that the within two years of the initial damage where
extension is for good cause and the minimum length such damage is sudden and accidental, or, in
considered necessary to resume the lawfully the case of decay, of the demolition of the
nonconforming use. structure or