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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wetland, the replacement structure may not be       meets the setback requirements to the greatest
     expanded if the original structure existing on      practical extent, the Building Authority shall
     January 1, 1989 had been expanded by 30% in         consider the size of the lot, the slope of the
     floor area and volume since that date.              land, the potential for soil erosion, the location
B.   Whenever a new, enlarged, or replacement            of other structures on the property and on
     foundation is constructed under a                   adjacent properties, the location of septic
     nonconforming structure, the structure and          system and other on site soils suitable for
     new foundation must be placed such that the         septic systems, and the type and amount of
     setback requirement is met to the greatest          vegetation to be removed to accomplish the
     practical extent as determined by Building          relocation. When it is necessary to remove
     Authority, basing its decision the criteria         vegetation within the water or wetland setback
     specified in (C) below. If the completed            are in order to relocate a structure, the
     foundation does not extend beyond the               Building Authority shall require replanting of
     exterior dimensions of the structure, except for    native vegetation to compensate for the
     expansion in conformity with (A) above, and         destroyed vegetation. In addition, the area
     the foundation does not cause the structure to      from which the relocated structure was
     be elevated by more than three additional feet      removed must be replanted with vegetation.
     as measured from the uphill side of the             Replanting shall be required as follows:
     structure (from original ground level to the        1.   Trees removed in order to relocate a
     bottom of the first floor sill), it shall not be         structure must be replanted with at least
     considered to be an expansion of the structure.          one native tree, three feet in height, for
C.   A nonconforming structure may be relocated               every tree removed. If more than five
     within the boundaries of the parcel on which             trees are planted, no one species of tree
     the structure is located, provided that the site         shall make up more than 50% of the
     of the relocation conforms to all setback                number of trees planted. Replaced trees
     requirements to the greatest practical extent as         must be planted no further from the water
     determined by the Building Authority, and                or wetland than the trees that were
     provided that the applicant demonstrates that            removed.
     the present subsurface sewage disposal system       2.   Other woody and herbaceous vegetation
     meets the requirements of state law, the State           and ground cover that are removed or
     of Maine Subsurface Wastewater Disposal                  destroyed in order to relocate a structure
     Rules, or that a new system can be installed in          must be re-established within the setback
     compliance with state law, such rules, and all           area. The vegetation and/or ground cover
     applicable chapters of the City of Portland              must consist of similar native vegetation
     Code of Ordinances. In no event shall a                  and/or ground cover that was disturbed,
     structure be relocated in a manner that causes           destroyed or removed.
     the structure to be more nonconforming. In          3.   Where feasible, when a structure is
     determining whether the building relocation              relocated on a parcel the original location CITY OF PORTLAND LAND USE CODE | 4-5 NONCONFORMING USES, STRUCTURES, & LOTS
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