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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required by this article. For structures in Zones V1- C. A showing that the issuance of the variance will
30 and VE and for floodproofed structures, a not conflict with other state, federal, or local
written certification by a registered professional laws or ordinances.
engineer or architect shall be provided to the D. A determination that failure to grant the
Building Authority stating that the design and variance would result in “undue hardship,”
methods of construction used are in compliance which in this subsection means:
with the applicable provisions of Subsection 12.4.5. 1. That the land in question cannot yield a
Within 30 working days, the Building Authority shall reasonable return unless a variance is
review the elevation certificate and the applicant’s granted.
written notification and, upon determination that 2. That the need for a variance is due to the
the development conforms with the provisions of unique circumstances of the property and
this article, shall issue a certificate of compliance. not to the general conditions in the
neighborhood.
12.6 VARIANCES 3. That the granting of a variance will not
12.6.1 Authority alter the essential character of the locality.
The Board of Appeals may authorize variances from 4. That the hardship is not the result of
the provisions of this article as authorized in action taken by the applicant or a prior
Subsection 2.3.11 except: owner.
A. As otherwise expressly provided in Subsection E. Variances shall only be issued upon a
2.3.11(E). determination that the variance is the minimum
B. Variances shall not be granted within any necessary, considering the flood hazard, to
designated regulatory floodway if any increase afford relief.
in flood levels during the base flood discharge
would result. 12.6.3 Standards for specific variances
A. Variances may be issued for the repair,
12.6.2 Standards reconstruction, rehabilitation, or restoration of
Subsection 2.3.11 notwithstanding, variances from historic structures upon the determination
the requirements of this article shall be granted only that:
upon: 1. The development meets the criteria of
A. A showing of good and sufficient cause. Subsection 12.6.2.
B. A determination that should a flood 2. The proposed repair, reconstruction,
comparable to the base flood occur, the rehabilitation, or restoration will not
granting of a variance will not result in preclude the structure’s continued
increased flood heights, additional threats to designation as a historic structure and the
public safety, or public expense, or create variance is the minimum necessary to
nuisances, cause fraud or victimization of the preserve the historic character and design
public, or conflict with existing local laws or of the structure.
ordinances. CITY OF PORTLAND LAND USE CODE | 12-13 FLOOD PLAIN MANAGEMENT

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