Portland Land Use Code

Citation: Portland Land Use Code 4.
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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4.4.2. Alteration or extensions c. The vertical expansion meets
A. Alterations. Alterations may be made to a applicable maximum height
structure which is lawfully nonconforming only requirements.
where at least one of the following apply: 4. Any covered porch existing on June 5, 1957
1. The alteration is required by law or is which does not meet minimum setback
necessary to restore the structure to a requirements may be enclosed, provided
safe condition upon the order of any that the majority of the enclosure consists
official charged with the protection of of glass.
public safety. C. Relocation. A nonconforming structure shall
2. The alteration will eliminate the not be relocated, in whole or in part, to any
nonconformity. other location on the same lot unless
3. The alteration will not create any new relocation would make the structure more
nonconformity and will not increase the conforming. A nonconforming structure may
degree of any existing nonconformity. be relocated to another lot only if the structure
B. Extensions. Existing principal structures which conforms to all regulations of the zone to
are lawfully nonconforming as to dimensional which it is relocated.
requirements may be enlarged or extended
subject to the following provisions: 4.4.3. Nonconformity as to required build-to
1. No modification to an existing zone and building length
nonconforming structure shall increase As of the effective date of this Land Use Code, when
any existing nonconformity, except as an existing structure does not conform to the
provided in (3) and (4) below. required build-to zone, build-to percentage,
2. No modification to an existing maximum building length, or building length as a
nonconforming structure shall create new percentage of street frontage for the applicable
nonconformity with any provision of this zone, the structure shall be deemed exempt from
Land Use Code. that standard. Such structure may be altered or
3. A one-time increase of one additional story expanded without having to conform to the
above a building that is lawfully applicable standard(s) until the structure’s building
nonconforming as to minimum setbacks footprint is expanded by 50% or more. If expansions
may be permitted provided that: to the structure occur incrementally, building
a. No portion of the expansion footprint shall be calculated as the sum of all
horizontally extends beyond the expansions occurring after the effective date of this
nonconforming portion of the first Land Use Code. Once the existing structure is
story of the structure. demolished, this deemed conforming status shall
b. Any portion of a vertical expansion become null and void.
above the permitted one additional
story shall meet the required
minimum setback. CITY OF PORTLAND LAND USE CODE | 4-3 NONCONFORMING USES, STRUCTURES, & LOTS

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