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 ↗
Full Text

3,988 chars
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 commencement of restoration or
                                                               reconstruction, and is diligently pursued to
4.3 NONCONFORMING LOTS                                         completion without expiration of permits.
4.3.1 Lots in separate ownership                          D. In cases of foreclosure or similar situations
A vacant nonconforming lot held under separate                 involving a lawfully nonconforming structure,
and distinct ownership shall be considered a                   the Building Authority shall be authorized to
buildable lot provided that all provisions of this Land        extend the aforementioned period up to an
Use Code except minimum lot area and minimum                   additional five years provided that the
street frontage can be met.                                    extension is for good cause and the minimum
                                                               length considered necessary to maintain,
4.3.2 Lots in common ownership                                 repair, or reconstruct the lawfully
Adjoining nonconforming lots in common                         nonconforming structure.
ownership as of December 4, 2024 shall be                 E.   Where a structure is located within the Coastal
considered as one lot and shall not again be divided           Flood Resilience Overlay Zone, such structure
except in conformance with the provisions of this              may be restored or reconstructed, but must
Land Use Code.                                                 meet the standards of the CFROZ. This
                                                               provision shall not apply to pump stations. 4-2 | CITY OF PORTLAND LAND USE CODE NONCONFORMING USES, STRUCTURES, & LOTS
Other Sections in This Document (765)

Full Text
