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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as amended, except where it is determined by C. File proof of service of the notice with the
the Building Authority that the deterioration Planning Authority.
was caused by neglect or lack of maintenance.
E. Paragraph (A) above notwithstanding, the 18.1.6 Housing replacement requirements
conversion to a nonresidential use of any A. The Planning Authority shall require, as a
dwelling units located on the ground floor of a condition of approval, that an owner shall
building within a mixed-use zone. replace any dwelling units that are demolished
or converted to nonresidential use.
18.1.4 Planning Authority approval required B. This requirement may be satisfied in any one of
Notwithstanding any other provision of this section, the following ways, which may be used in
a proposal to demolish or to convert three or more combination:
dwelling units to a nonresidential use in a zone 1. Construction of units. The construction of
where such use is otherwise permitted must first housing units within a new structure or a
obtain approval from the Planning Authority. In new addition either on site or off-site.
addition to any other requirements of the Land Use 2. Residential conversion. The conversion of
Code, the applicant must submit a statement a nonresidential building to residential use.
certifying the number of dwelling units to be
demolished or converted to nonresidential use, as 18.1.7 Replacement unit requirement
well as a description of the characteristics of each In addition to the foregoing, all replacement units
of those units. built pursuant to Subsection 18.1.6.B above shall:
A. Be located within the same United States
18.1.5 Tenant notification requirements census block group as the parcel from which
Prior to elimination as a result of demolition or the dwelling units are being removed or within
conversion to nonresidential use, the owner shall: 1,500 feet of the dwelling units being removed.
A. Provide the Planning Authority a list containing B. Not previously have been on the market as of
the name of each tenant currently residing in the date of application.
the dwelling units to be demolished or C. Be situated within a development which has not
converted to nonresidential use, as well as been a candidate for site plan approval as of
verification of compliance with tenant notice the date of the application.
requirements of this subsection. D. Be comparable in size to the units replaced.
B. Deliver to each tenant who occupies such a For the purpose of this section, “comparable in
dwelling unit a written notice to vacate the unit. size” means that the aggregate size of the
The notice shall either be sent by certified mail, replacement units will be no less than 80% of
return receipt requested, or served in-hand. the size of the aggregate of the original units to
The notice will grant the tenant not less than be replaced.
90 days from the date of receipt of the notice
to vacate the unit. 18-2 | CITY OF PORTLAND LAND USE CODE HOUSING

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