Portland City Code ch. 14 (Land Use Code)

Citation: Portland City Code ch. 14 (Land Use Code)
Jurisdiction: Portland (municipal)
Source: Official source
Original Source: https://content.civicplus.com/api/assets/a5dcd1dc-4117-40b3-b3da-74a56919e14b... ↗

Related Parts of This Source

Full Text

1,792 chars

2. A public hearing shall be set, advertised, uses the dwelling. The board shall restrict
and conducted by the Board of Appeals in any variance granted under this subsection
accordance with Subsection 2.3.7. solely to the installation of equipment or
3. All decisions by the board shall be the construction of structures necessary
rendered in a manner and form not for access to or egress from the dwelling
inconsistent with the statutes of this state. by the person with the disability. The
4. When a decision affects property located board may impose conditions on the
within the Shoreland Overlay Zone, the variance, including limiting the variance to
Zoning Board of Appeals shall cause the duration of the disability or to the time
written notice of its decision to be mailed that the person with the disability lives in
or hand-delivered to the Department of the dwelling. The term “structures
Environmental Protection within seven necessary for access to or egress from the
days of the board’s decision. dwelling” shall include railing, wall, or roof
B. Undue hardship variance. An undue hardship systems necessary for the safety or
variance may be granted by the board only effectiveness of the structure. For the
where strict application of the ordinance, or a purpose of this subsection, a disability has
provision thereof, to the petitioner and their the same meaning as a physical or mental
property would cause undue hardship. The disability under 5 M.R.S. § 4553.
words “undue hardship” as used in this 2. By the Building Authority. Notwithstanding
subsection mean the following: the provisions of subsections (B) and
1. The land in question cannot yield a (C(1)) above, the Building Authority may
reasonable return unless a variance is issue a permit to the owner of a dwelling