Portland Land Use Code

Citation: Portland Land Use Code
Parent Document: Portland Land Use Code
Jurisdiction: Portland (municipal)
Original Source: https://www.portlandmaine.gov/asset/a5dcd1dc-4117-40b3-b3da-74a56919e14b ↗
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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
4.1.3 Unlawful use, lot, building, or structure          within this subsection shall be construed to permit
Any use lot, building, or structure established or       an increase in the number of units in a building
constructed in violation prior to the effective date     which is nonconforming as to the number of
of this Land Use Code shall not be regarded as           dwelling units or will become nonconforming as a
lawfully nonconforming, and is not entitled to any       result of such alteration, modification, or addition.
rights established within this Section.
                                                         4.2.2 Change of nonconforming use
4.1.4 Safety regulations                                 A. A nonconforming use shall only be changed to
All police power regulations enacted to promote              a use that is permitted in the zone in which the
public health, safety, and welfare, including but not        use is located. When a nonconforming use has
limited to all building, fire, and health codes, shall       been changed, in whole or in part, to a
apply to nonconforming uses, structures, and lots.           permitted use, the whole or part that conforms
                                                             shall not thereafter be changed back to any
                                                             nonconforming use. CITY OF PORTLAND LAND USE CODE | 4-1 NONCONFORMING USES, STRUCTURES, & LOTS
Other Sections in This Document (765)

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