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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waters shall, to the extent reasonably feasible, and construction of curbs and sidewalks, the
be established for the benefit of all lots within Planning Board, if it finds that extraordinary
the subdivision not otherwise having such conditions exist or that undue hardship may
access. result from strict compliance with these
regulations may vary the regulations so that
15.5.10 Additional requirements for nonresidential substantial justice may be done and the public
subdivisions interest secured, provided that such variation
All nonresidential subdivisions, meaning subdivisions will not have the effect of nullifying the intent
not intended for human habitation, such as a and purpose of the Comprehensive Plan and
commercial or industrial subdivision, must meet the the regulations of this article.
following additional requirements, except as waived B. Where the Planning Board or Planning
by the Planning Board due to the commercial or Authority finds that, for each of the
industrial nature of the development: requirements listed in (1) and (2) below, two or
A. Proposed industrial parcels shall be suitable in more of the conditions exist with respect to
area and dimensions to the commercial or compliance with the requirements set forth
industrial development anticipated. Subsection 15.5.4 pertaining to the provision
B. Street rights-of-way and pavement shall be and construction of curbs and/or sidewalks, it
adequate to accommodate the type, weight, may waive, in whole or in part, the regulations
and volume of traffic anticipated to be so that substantial justice may be done and the
generated. public interest secured.
C. The design and installation of public utilities 1. Sidewalks
including water, sewers, and storm water a. There is no reasonable expectation for
drainage, shall be adequate to accommodate pedestrian usage coming from, going
the anticipated usage. to and traversing the site.
D. Streets carrying truck traffic shall not normally b. There is no sidewalk in existence or
be extended to the boundaries of adjacent expected within 1000 feet and the
existing or potential residential areas. construction of sidewalks does not
contribute to the development of a
15.6 WAIVERS pedestrian oriented infrastructure.
15.6.1 Request for waivers c. A safe alternative-walking route is
A waiver of plat requirements or technical reasonably and safely available, for
standards shall be applied for in writing by the example, by way of a sidewalk on the
subdivider. The decision of the Planning Board on other side of the street that is lightly
such request shall be final. traveled.
d. The reconstruction of the street is
15.6.2 Waiver standards specifically identified and approved in
A. Except for the requirements set forth the first or second year of the current
Subsection 15.5.4 pertaining to the provision Capital Improvement Program or has 15-10 | CITY OF PORTLAND LAND USE CODE SUBDIVISIONS

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