Portland City Code ch. 14

Citation: Portland City Code ch. 14 5.
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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5.3.3 Hearing or conditional rezoning agreement otherwise shall
The Planning Board shall conduct a public hearing in be governed by and comply with the provisions of
accordance with Section 2.1.8 prior to any property the Land Use Code of the City of Portland and any
being rezoned under this section. applicable amendments thereto or replacement
thereof.
5.3.4 Conditions and restrictions
Conditions and restrictions imposed under the 5.3.6 Enforcement
authority of this section shall relate only to the Notwithstanding language in any contract or
physical development and operation of the property conditional zoning to the contrary, any violation of a
and may include, by way of example: conditional or contract zone shall be enforced
A. Limitations on the number and types of uses pursuant to 30-A M.R.S. § 4452, as may be amended
permitted. from time to time, or in any other manner available
B. Restrictions on the scale and density of by law. No alleged violation of a contract or
development. conditional rezoning may be prosecuted until the
C. Specifications for the design and layout of City has delivered written notice of the alleged
buildings and other improvements. violation(s) to the owner or operator of the
D. Schedules for commencement and completion property that is subject to the contract or
of construction. conditional rezoning and given the owner or
E. Performance guarantees securing completion operator an opportunity to cure the violation(s)
and maintenance of improvements, and within 30 days of receipt of the notice. In addition,
guarantees against defects. if such an enforcement action should result in a
F. Preservation of open space and buffers, and finding that the terms of the conditional or contract
protection of natural areas and historic sites. zone have been violated, then the City may act to
G. Contributions toward the provision of modify or rescind the conditional or contract zone
municipal services required by the and to rezone the property.
development.
H. Provisions for enforcement and remedies for 5.4 BASE ZONE PURPOSE STATEMENTS
breach of any condition or restriction. Base zone purpose statements shall be as
established in Tables 5-B to 5-G.
5.3.5 Amendments
Except as expressly modified in any contract or
conditional rezoning agreement, the use and
occupancy of any property within the City of
Portland used or occupied pursuant to a contract CITY OF PORTLAND LAND USE CODE | 5-3 ZONES

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