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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map, the measurement shall control, unless the        shall be limited to where a rezoning is requested by
    zoning map indicates that the zone boundary           the owner of the property to be rezoned. The
    shall follow an existing property line.               conditional or contract zoning must be consistent
                                                          with the Comprehensive Plan, and rezoned areas
5.2.3 Extension of zone lines                             must be consistent with the existing and permitted
Where a zone boundary line divides a lot in single or     uses within the original zone. Nothing in this
joint ownership of record at the time such line is        section shall authorize either an agreement to
established, the provisions of this Land Use Code         change or retain a zone or a rezoning which is
for the less restricted portion of such lot shall         inconsistent with the City's Comprehensive Plan.
extend not more than 30 feet into the more
restricted portion, provided that the lot has at least    5.3.2 In the I-H zone
20 feet of street frontage in the less restrictive zone   A conditional or contract rezoning shall only be
when taken together with adjacent premises which          approved in the I-H or I-Hb zones if, after public
are under the same or equivalent ownership or             hearing and opportunity for public comment, the
control. If such boundary line divides a business or      reviewing body finds that the applicant has carried
industrial zone from a residential zone, no frontage      the burden of proof to show that the proposed
on a street other than the principal business street      development meets the following standards:
in the less restrictive zone may be taken into            A.   The proposed development is consistent with
consideration in connection with the right herein              the Comprehensive Plan.
granted. This subsection shall not apply to differing     B.   The proposed development is consistent with
dimensional requirements, including height, within a           the purposes of the underlying zone.
zoning district.                                          C.   The proposed development is designed and
                                                               operated so that it will prevent undue adverse
5.3 CONDITIONAL OR CONTRACT ZONING                             environmental impacts, substantial diminution
5.3.1 Authority and purpose                                    of the value or utility of neighboring structures,
Pursuant to 30-A M.R.S.§ 4352(8), conditional or               or significant hazards to the health or safety of
contract zoning is hereby authorized for rezoning of           neighboring residents by controlling noise
property where, for reasons such as the unusual                levels, emissions, traffic, lighting, odors, and any
nature or unique location of the development                   other potential negative impacts of the
proposed, the City Council finds it necessary or               proposal.
appropriate to impose, by agreement with the              D. All plans must include complete information of
property owner or otherwise, certain                           processes, materials, or methods of storage to
conditions or restrictions in order to ensure that             be used by the development and shall specify
the rezoning is consistent with the City's                     how hazardous impacts to neighboring
Comprehensive Plan. Conditional or contract zoning             properties will be prevented. 5-2 | CITY OF PORTLAND LAND USE CODE ZONES
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