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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C. Notwithstanding this requirement, when a lot is allowed with a permit from the Building
a lot of record as defined in Subsection 4.3.1 or Authority to provide shoreline access in areas
cannot otherwise meet the setback of steep slopes or unstable soils, provided that:
requirement of this subsection due to physical 1. The structure is limited to a maximum of
limitations of the site, the Planning Board may four feet in width.
approve a reduction of the setback 2. The structure does not extend below or
requirement for a principal structure to the over the normal high-water line of a water
least amount necessary to achieve a building body or upland edge of a wetland, unless
dimension of 28 feet, provided that the setback permitted by the Department of
is not reduced to less than 40 feet. Structures Environmental Protection pursuant to 38
in existence on June 15, 1992, may be expanded M.R.S. § 480 C.
once during the lifetime of the structure up to 3. The applicant demonstrates that no
25 feet toward a freshwater wetland, stream or reasonable access alternative exists on the
tributary stream, provided that the setback is property.
not reduced to less than 40 feet and the floor
area or volume is not increased by more than 11.4.2 Piers, docks, wharves, bridges, and other
30%. In no event shall the setback from a structures and uses extending over or below
coastal wetland be reduced to less than 75 feet, the normal high-water line of a water body or
except as set forth in Subsection 11.4.1(A), within a wetland
above. A. Access from shore shall be developed on soils
D. In all cases, accessory detached structures of appropriate for such use and constructed so as
less than 100 square feet of floor area shall be to control erosion.
permitted with no setback, provided that such B. The location shall not interfere with existing
structures shall be used only for the storage of developed or natural beach areas.
fish, bait, and related equipment. No setback C. The facility shall be located so as to minimize
shall be required for piers, docks, retaining adverse effects on fisheries.
walls, or any other structures which require D. The facility shall be no larger in dimension than
direct access to the water as an operational necessary to carry on the activity and shall be
necessity. consistent with surrounding character and
E. The lowest floor elevation or openings of all uses.
buildings and structures including basements E. New permanent structures, and expansions
shall be elevated at least one foot above the thereof, projecting into or over water bodies
elevation of the 100-year flood, the flood of shall require a permit from the Department of
record, or in the absence of these, the flood as Environmental Protection pursuant to the
defined by soil types identified as recent flood National Resources Protection Act, 38 M.R.S. §
plain soils. 480-C. Permits may also be required from the
F. Notwithstanding the requirements of this Army Corps of Engineers and Board of Harbor
section, stairways or similar structures may be Commissioners if located in navigable waters. 11-2 | CITY OF PORTLAND LAND USE CODE SHORELAND ZONE

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