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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shall not include mere inconvenience or The applicant shall be afforded the right to
incidental financial loss. No such waiver shall be present rebuttal evidence.
granted without the Planning Authority giving
best practical notice to all persons entitled to 17.9.5 Determination by the Board of Appeals
notice of the hearing. A. The determination by the Board of Appeals
B. Where the application requests the demolition shall be made within 45 days following close of
of a landmark or a contributing structure within the public hearing and submission of all
a district, the Planning Authority shall promptly information, documentation, or evidence
notify any persons interested in historic requested by the board. The determination
preservation, who have registered in writing shall be accompanied by findings of fact.
with him or her, give notice by mail to all B. The Board of Appeals shall not grant approval
owners of property within 500 feet of the of an application involving demolition unless
structure, and shall require that the applicant the board determines, upon clear and
immediately place a notice, to be supplied by convincing evidence, that one or more of the
the building official, in a prominent place on the following circumstances apply:
structure and to maintain it there at all times 1. The structure is not subject to this article.
during the pendency of the demolition 2. Denial of a demolition permit would result
application. The notice shall state that the in a hardship to the property owner so
structure has been proposed to be demolished great that it would effectively deprive the
by its owner and provide contact information owner of all reasonable use of the
for further information. The failure to give any structure. The extent of any demolition
notice required hereunder shall not affect the permitted shall be limited to the amount
validity of any action taken by the Planning necessary to allow reasonable use of the
Authority or the Board of Appeals. structure. Where the condition of the
C. The Planning Board may provide a report or structure is claimed to prevent any
any other information, documentation or reasonable use, the applicant shall establish
evidence or request the Historic Preservation that such condition is not the result of the
Board to assist the Board of Appeals in acts or neglect of the owner or his
considering the extent of variance necessary, predecessors in title occurring in whole or
an appropriate incentive plan, or reasonable in part after August 1, 1988.
condition to be imposed.
D. The Board of Appeals may continue a 17.9.6 Disapproval by Board of Appeals
proceeding for such additional time as it If the determination of the Board of Appeals is to
reasonably takes an applicant, any other disapprove the application for a Certificate of
interested person, the Historic Preservation Economic Hardship, the applicant shall be notified
Board, or the Planning Board to comply with a within five business days. The notice shall include a
request for additional information or evidence. copy of the findings of fact and report. CITY OF PORTLAND LAND USE CODE | 17-23 HISTORIC PRESERVATION

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