Portland City Code ch. 14

Citation: Portland City Code ch. 14 4.
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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4. Restaurants as permitted in the B-3 zone. in the case of new construction, available for
5. Bars. permitted uses in the PAD Overlay Zone for a
6. Theaters and performance halls, provided period of six months and that it has been
that only ticket and refreshment sales, unable to market the space for a permitted use
lobbies, lounges and entrances shall be in accordance with Subsection 8.8.1.
located within this area. B. The approval of any conditional use under this
7. Cultural facilities. subsection shall be for the specific tenant
8. Governmental uses. proposed for the conditional use approval and
9. Studios for artists and craftspeople shall not run with the space to subsequent
including, but not limited to, carpenters, tenants. A conditional use approval shall expire
cabinetmakers, and silk screeners. at the end of each tenant’s use, and a new
10. Other uses where the applicant can approval shall be required for new tenants.
demonstrate to the Building Authority that However, where a conditional use has been
the proposed use will not differ approved under this subsection and the term
substantially from a required ground floor of the effected tenancy is five years or less, the
retail use in its effect on the continuity of tenant may sublet the area for the approved
pedestrian-oriented use and that the conditional use which approval may run with
proposal establishes a ground floor use said lease but may not be extended without
that generates pedestrian interest and review by the Planning Authority.
activity. C. The Planning Authority may impose reasonable
B. For those buildings which have frontage on conditions concerning the design, appearance,
more than one street located within the PAD use, and extent of use of the space along the
overlay zone, the street level area of each such street frontage to ensure maximum pedestrian
frontage shall meet the above requirements. compatibility and interest.
D. Notwithstanding the above, the Planning
8.8.2 Conditional uses Authority may authorize a reduction in the
Any use permitted in the B-3 and B-3b zone may be percentage of required ground floor
authorized as a conditional use subject to the floor pedestrian-oriented uses where the physical
area requirements of Subsection 8.8.1, provided that limitations of an existing building so require.
the Planning Authority shall be substituted for the Any such reduction shall be the least necessary
Board of Appeals as the reviewing authority. Such to provide relief and shall include mitigating
uses shall meet the following conditions and design factors.
standards: E. The Planning Board shall adopt rules and
A. The applicant can prove by competent regulations governing the Planning Authority’s
evidence (including but not limited to reliable review of an applicant’s marketing efforts
documentation of advertising, real estate under this subsection.
brokerage efforts, and other sales mechanisms)
that the space has been actively marketed, and, CITY OF PORTLAND LAND USE CODE | 8-29 OVERLAY ZONES

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