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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4.4.4. Nonconformity as to number of dwelling 3. The nonconforming dwelling units comply
units with or can be made to comply with
A. Purpose. The purpose of this provision is to current standards of Chapter 10 of the City
establish a process whereby certain dwellings of Portland Code of Ordinances, including
which contain more dwelling units than the the National Fire Protection Association
number permitted by the applicable provisions Life Safety Code and the National Fire
of the Land Use Code may be recognized as Protection Association 1: Fire Prevention
legal, nonconforming uses. Code, as amended.
B. Application. Application for validation of such 4. Each of the nonconforming dwelling units
nonconforming dwelling units shall be on a complies with, or can be made to comply
form provided by the Building Authority, and with, provisions of the Chapter 6 of the
shall be accompanied by: City of Portland Code of Ordinances, as
1. An application fee as established by the amended, including, but not limited to, the
City Council to cover administrative costs. minimum standards for space and
2. A plan, drawn to scale, which shows the occupancy, the minimum plumbing
location of the building(s) on the lot, standards, and the minimum ventilation
parking, easements, dumpsters, fencing, standards.
public ways, and any other significant 5. In the absence of legally competent
feature. evidence, supported by records (such as,
3. A floor plan for each unit in the dwelling, but not limited to, Assessor’s records,
whether or not it is the subject of the purchase and sale agreements, affidavits,
application. deeds, mortgages, as well as reliable
C. Eligibility. In order for a nonconforming secondary sources), that the conditions of
dwelling unit to be validated by administrative (C)(1), (2), (3), or (4) above can be met, the
action of the Building Authority as authorized Building Authority may not approve the
herein, the Building Authority must find, based application, but shall advise the applicant
on competent evidence, supported by public that the matter may be appealed to the
records, that: Board of Appeals.
1. The nonconforming dwelling units were D. Notice to abutters. Upon receipt of a
either in existence on April 1, 2005, or the completed application, the Building Authority
structure in which they are located was shall provide the owners of abutting properties
originally designed to accommodate more notice of the application, along with a notice
than the number of such units presently in that they may object to the Building Authority’s
use. acting on the application and require the
2. The applicant neither constructed nor applicant to appeal to the Board of Appeals.
established the nonconforming dwelling The notice shall advise the abutters and owners
units. of property within 300 feet that any objection
must be submitted in writing to the Building 4-4 | CITY OF PORTLAND LAND USE CODE NONCONFORMING USES, STRUCTURES, & LOTS

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