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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Zone or flood hazard area, as defined in harmony with the general purpose and
this Land Use Code. intent of this Land Use Code or the
E. Specified variances prohibited Comprehensive Plan; which would be
1. No use permitted in medium- and high- materially detrimental to the public welfare
density residential zones shall be permitted or materially injurious to the enjoyment,
in low-density residential zones. No use use, or development of property or
permitted in mixed-use or office zones improvement permitted in the vicinity; or
shall be permitted in any residential zone. which would materially impair an adequate
No use permitted in industrial and airport supply of light and air to properties and
zones shall be permitted in any mixed-use, improvements in the vicinity, substantially
office, or residential zone. No use increase congestion in the public streets,
permitted in residential zones shall be increase the danger of flood or fire, or
permitted in any industrial or airport zone. endanger the public safety.
The general use categories are listed 5. No variance shall be granted which would
below: be greater than the minimum variance
a. Low-density residential: IR-1, IR-2, IR-3, necessary to relieve the undue hardship or
R-1, R-2, R-3. the hardship of the applicant.
b. Medium- and high-density residential: 6. No variance shall be granted from the
R-4, R-5/R-5a, R-6/R-6a. minimum lot sizes set forth in Subsection
c. Mixed-Use/Office: B-1/B-1b, B-2/B-2b/B- 4.3.1 for lots in the IR-1 and IR-2 zones.
2c, B-3/B-3b/B-3c, B-4, B-5/B-5b, B-6, B- 7. No variance shall be granted from the
7, I-B, R-P, O-P. requirements in Subsection 6.4.1.
d. Industrial: I-L/I-Lb, I-M/I-Ma/I-Mb, I-H/I- F. Conditions on variances; variances less than
Hb, A-B. requested. Reasonable conditions and
2. A variance may only be granted with safeguards relating to construction, character,
respect to the generally applicable space location, landscaping, screening, and other
and bulk requirements of the zone in matters may be imposed upon the premises
which the property is located and not from benefited by a variance as considered
any provision that allows a deviation from necessary to prevent injurious effects upon
those requirements. other property and improvements in the
3. No variance shall be granted which would vicinity or upon public facilities and services.
permit the creation of a lot or parcel that Such conditions shall be expressly set forth in
cannot be developed in compliance with the resolution granting the variance and in the
the zoning, subdivision, and other notice informing the applicant thereof.
regulations applicable thereto. Violation of such conditions and safeguards
4. No variance shall be granted which would shall be a violation of this article. A variance less
result in a use or development of the lot or than or different from that requested may be
parcel in question which would not be in granted when the record supports the CITY OF PORTLAND LAND USE CODE | 2-15 ADMINISTRATION

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