Portland City Code ch. 14

Citation: Portland City Code ch. 14
Parent Document: Portland City Code ch. 14
Jurisdiction: Portland (municipal)
Original Source: https://www.portlandmaine.gov/asset/ae8cabd1-66eb-4a1c-9224-92bbca5e792f ↗

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board may grant a variance to an owner of above, the Board of Appeals may grant a
a residential dwelling for the purpose of variance from the dimensional standards of this
making that dwelling accessible to a person Land Use Code that relate to lot area, lot
with a disability who resides in or regularly coverage, frontage, and setback requirements
uses the dwelling. The board shall restrict when strict application of these standards
any variance granted under this subsection would both preclude a permitted use of the
solely to the installation of equipment or property and result in significant economic
the construction of structures necessary injury to the applicant. Significant economic
for access to or egress from the dwelling injury shall mean that the value of the property
by the person with the disability. The if the variance were denied would be
board may impose conditions on the substantially lower than its value if the variance
variance, including limiting the variance to were granted. To satisfy this standard, the
the duration of the disability or to the time applicant need not prove that denial of the
that the person with the disability lives in variance would mean the practical loss of all
the dwelling. The term “structures beneficial use of the land. In granting a
necessary for access to or egress from the practical difficulty variance, all of the following
dwelling” shall include railing, wall, or roof conditions must be found to exist:
systems necessary for the safety or 1. The need for a variance is due to the
effectiveness of the structure. For the unique circumstances of the property, and
purpose of this subsection, a disability has not to the general conditions in the
the same meaning as a physical or mental neighborhood.
disability under 5 M.R.S. § 4553. 2. The granting of the variance will not
2. By the Building Authority. produce an undesirable change in the
Notwithstanding the provisions of character of the neighborhood and will not
subsections (B) and (C(1)) above, the have an unreasonably detrimental effect
Building Authority may issue a permit to on either the use or fair market value of
the owner of a dwelling for the purpose of abutting properties.
making a dwelling accessible to a person 3. The practical difficulty is not the result of
with a disability who resides in or regularly action taken by the applicant or a prior
uses the dwelling. If the permit requires a owner.
variance, the permit is deemed to include 4. No other feasible alternative is available to
that variance solely for the installation of the applicant, except a variance.
equipment or the construction of 5. The granting of a variance will not have an
structures necessary for access to or unreasonably adverse effect on the natural
egress from the dwelling for the person environment.
with a disability. 6. The property is not located, in whole or in
D. Practical difficulty variance. Notwithstanding part, within a shoreland area, as defined in
the provisions of subsections (B) and (C) 38 M.R.S. § 435, nor within a Shoreland 2-14 | CITY OF PORTLAND LAND USE CODE ADMINISTRATION

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