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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well as reliable secondary sources), that the Authority certifying the units as in compliance
conditions of (C)(1), (2), (3), (4), or (5) above with all applicable codes, and receipt of an
can be met, the Building Authority may not inspection fee as established by the City
approve the application, but shall advise the Council for each nonconforming dwelling unit
applicant that the matter may be appealed to which has been recognized as a lawful,
the Board of Appeals. nonconforming use, the Building Authority will
D. Notice to abutters. Upon receipt of a issue a certificate of occupancy.
completed application, the Building Authority F. Disapproval of application. In the event the
will provide the owners of abutting properties application is not approved by the Building
and the owners of property situated within 300 Authority or in the event of a timely objection
feet of the structure notice of the application, filed by a person qualified herein to file such an
along with a notice that they may object to the objection, the applicant, within 30 days from
Building Authority’s acting on the application the decision of the Building Authority or
and require the applicant to appeal to the objection, may appeal the matter to the Board
Board of Appeals. The notice shall advise the of Appeals as a conditional use.
abutters and owners of property within 300 G. Action by Board of Appeals. The Board of
feet that any objection must be submitted in Appeals shall treat applications filed under this
writing to the Building Authority within 10 days subsection as an application for a conditional
of the date of the notice sent to them. The use, applying the standards applicable to
failure of any property owner to receive the conditional uses under Section 6.5 as well as
notice described above shall not invalidate any the requirements of this subsection.
action by the Building Authority. The Building H. Dimensional and parking requirements. In
Authority shall promptly notify the applicant of making decisions under this subsection, neither
receipt of the objection, that the Building the Building Authority nor the Board of Appeals
Authority is without authority to proceed, and shall apply the dimensional or parking
advise the applicant that, within 30 days from requirements which would otherwise apply in
receipt of the letter, an application may be filed the zones where the nonconforming dwelling
to have the matter reviewed by the Board of units are situated.
Appeals as a conditional use. I. Exclusions. The provisions of this subsection
E. Approval of application. The Building shall not apply to rooming units, but shall apply
Authority may approve the application, to efficiency apartments under Chapter 6 of
provided that the evidence presented satisfies the City of Portland Code of Ordinances. The
all of the requirements of this subsection and Board of Appeals is without jurisdiction to
provided that no abutter nor person entitled to grant any relief (including, but not limited to,
notice has requested that the application be variances) which would recognize the particular
referred to the Board of Appeals, instead of the dwelling units which are the subject of this
Building Authority. Upon approval of the subsection as legal, nonconforming uses,
application, final inspection by the Building CITY OF PORTLAND LAND USE CODE | 4-7 NONCONFORMING USES, STRUCTURES, & LOTS

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