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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18 HOUSING three years or more or are lost due to
demolition unless the vacancy or demolition
18.1 HOUSING PRESERVATION AND REPLACEMENT results from accidents outside of the owner’s
18.1.1 Purpose control, fire, natural disasters, or acts of war.
The purpose of the housing preservation and D. Determination of number of the dwelling units
replacement ordinance is: within a structure or structures and the
A. To promote and facilitate an adequate supply number of units lost will be based on the
of housing, particularly affordable housing for records of the Building Authority indicating the
all economic groups. legal, registered use of the property since July
B. To limit the net loss of housing units in the city. 1, 2002 through the time of application. The
C. To preserve housing in zones where housing is actual use of the property for purposes of
permitted in the city for all residents in order applicability of this section may be rebutted by
to promote the health, safety, and welfare of its the owner by proof of documentary evidence
citizens. including but not limited to photographs,
letters, and sworn affidavits. The Planning
18.1.2 Applicability Authority may conduct its own investigation of
A. Except as otherwise provided in this section, the actual use and shall determine the
the housing preservation and replacement applicability of this section based on the totality
ordinance shall apply to the loss of three or of the evidence.
more dwelling units in a five-year period,
provided that such dwelling units were a legally 18.1.3 Exemptions
registered residential use as of July 1, 2002. For This section does not apply to:
the purposes of this section, dwelling units shall A. Consolidation, elimination, or reconfiguration
be as defined in Article 3, but also include of one or more dwelling units within an existing
rooming units that people rent in or sleep in structure, as long as all the resulting units
within lodging houses, dormitories, shelters, remain as dwelling units after such
and sheltered care group homes. consolidation, elimination, or reconfiguration,
B. Except as otherwise provided in this section, except as provided by (E) below. Conversion of
the housing preservation and replacement a dwelling unit to a hotel or motel room shall
ordinance shall also apply to proposals that not qualify for the exemption provided by the
result in the loss of fewer than three dwelling paragraph.
units which were legally registered residential B. Proposals that result in a number of units equal
use as of July 1, 2002 for the purposes of to or greater than the number of units lost as
creating surface parking. determined by the Planning Authority.
C. For the purposes of this section, loss of C. Legally nonconforming dwelling units existing in
dwelling units shall mean the elimination or zones which no longer permit residential uses.
conversion to nonresidential use of a dwelling D. Property which has been ordered demolished
unit and dwelling units that remain vacant for by the City, pursuant to 17 M.R.S. § 2851, et seq., CITY OF PORTLAND LAND USE CODE | 18-1 HOUSING

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