Portland City Code ch. 14

Citation: Portland City Code ch. 14 17.
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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17.9.7 Determination of no reasonable use                 17.9.9 City Council consideration of incentive
A.   If the determination of the Board of Appeals is           plan
     that the denial of the Certificate of                A.   Upon receipt of a report from the Board of
     Appropriateness has resulted in the denial of all         Appeals recommending an incentive plan to
     reasonable use of the structure, or the entire            assure reasonable use of the property, the City
     property in the case of new construction, then            Council shall give prompt consideration to the
     the Certificate of Economic Hardship shall be             determination of economic hardship and the
     issued by the Planning Authority 90 days                  report of the board, including the
     following the determination unless during that            recommended incentive plan. The City Council
     time the City Council approves an incentive               shall approve or disapprove the incentive plan
     plan pursuant to Subsection 17.9.8.                       determined by the Board of Appeals to allow
B.   A copy of the determination of the Board of               reasonable use of the structure within 90 days
     Appeals, together with the findings of fact, shall        following the determination by the Board of
     be mailed to the applicant and filed with the             Appeals.
     City Clerk, the Planning Board, and the Historic     B.   A copy of the ordinance enacted by the City
     Preservation Board within 14 days following the           Council, together with the incentive plan, if any,
     determination of economic hardship.                       shall be mailed to the applicant and transmitted
                                                               to the Board of Appeals, the Planning Board,
17.9.8 Incentive plan                                          and the Historic Preservation Board within five
The purpose of an incentive plan is to provide a               business days following the enactment of the
mechanism to allow a reasonable use without the                ordinance.
demolition of the complete structure or important
architectural elements. The Planning Board, in            17.9.10 Issuance of Certificate of Economic
cooperation with the Historic Preservation Board               Hardship
and the owner, may prepare a report and                   A.   Upon receipt by the Board of Appeals of a copy
recommend to the Board of Appeals an incentive                 of City Council action disapproving an incentive
plan to assure reasonable use of the structure. This           plan, or upon failure of the City Council to act
incentive plan may include, but is not limited to,             to either approve or disapprove an incentive
loans or grants from the City of Portland or other             plan within the time specified, the Board of
public or private sources; acquisition by purchase or          Appeals shall approve a Certificate of Economic
eminent domain; building and safety code                       Hardship to the applicant within 30 days. The
modifications to reduce cost of maintenance,                   certificate may be subject to conditions
restoration, rehabilitation, or renovation; changes in         including design guidelines for subsequent new
applicable zoning regulations, including a transfer of         construction not inconsistent with the
development rights; or relaxation of the provisions            standards set forth in this article and the
of this article sufficient to allow reasonable use of          Historic Resources Design Manual. The
the structure.                                                 Certificate of Economic Hardship shall be valid
                                                               for a period of 120 days from approval by the 17-24 | CITY OF PORTLAND LAND USE CODE HISTORIC PRESERVATION
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