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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portion of the existing structure from that water       2.   Notwithstanding subsection (1) above, if a
body, tributary stream, or wetland. Included in this         legally existing nonconforming principal
allowance are expansions which in-fill irregularly           structure is entirely located less than 25
shaped structures.                                           feet from the normal high-water line of a
                                                             water body, tributary stream, or upland
11.6.2 Expansions                                            edge of a wetland, that structure may be
A. For the purposes of this section, an expansion            expanded as follows, as long as all other
    of a structure shall mean an increase in the             applicable land use standards are met and
    footprint or height of a structure, including all        the expansion is not prohibited by
    extensions such as, but not limited to: attached         Subsection 11.6.2 due to an increase in the
    decks, garages, porches, and greenhouses.                nonconformity. The maximum total
B. All new principal and accessory structures,               footprint for the principal structure may
    excluding functionally water-dependent uses,             not be expanded to a size greater than 800
    must meet the water body, tributary stream, or           square feet or 30% larger than the
    wetland setback requirements contained in                footprint that existed on January 1, 1989,
    Subsection 11.4.1. A nonconforming structure             whichever is greater. The maximum height
    may be added to or expanded after obtaining a            of the principal structure may not be made
    permit from the Building Authority if such               greater than 15 feet or the height of the
    addition or expansion does not increase the              existing structure, whichever is greater.
    nonconformity of the structure and is in            3.   All other legally existing nonconforming
    accordance with 1 and 2 below.                           principal and accessory structures that do
    1.   Expansion of any portion of a structure             not meet the water body, tributary stream,
         within 25 feet of the normal high-water line        or wetland setback requirements of
         of a water body, tributary stream, or               Subsection 11.4.1 may be expanded or
         upland edge of a wetland is prohibited,             altered as follows, as long as other
         even if the expansion will not increase             applicable land use standards are met and
         nonconformity with the water body,                  the expansion is not prohibited by
         tributary stream or wetland setback                 Subsection 11.6.2(B)1, above.
         requirement. Expansion of an accessory              a.   For nonconforming structures located
         structure that is located closer to the                  less than 75 feet from the normal
         normal high-water line of a water body,                  high-water line of a water body,
         tributary stream, or upland edge of a                    tributary stream, or upland edge of a
         wetland than the principal structure is                  wetland, the maximum combined total
         prohibited, even if the expansion will not               footprint for all structures may not be
         increase nonconformity with the water                    expanded to a size greater than 1,000
         body, tributary stream, or wetland setback               square feet or 30% larger than the
         requirement.                                             footprint that existed on January 1,
                                                                  1989, whichever is greater. The 11-18 | CITY OF PORTLAND LAND USE CODE SHORELAND OVERLAY ZONE
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