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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residential use, or any combination of these 4. Workforce units must be integrated with
elements, with the exception that projects the rest of the development, must use a
using public financing requiring affordability common entrance, and must provide no
restrictions, as defined by tax increment indications from common areas that these
financing, U.S. Department of Housing and units are workforce housing units.
Urban Development funds such as HOME or 5. Workforce units need not be the same size
CDBG, other federal, state, or local housing as other units in the development but the
program, or the Low-income Housing Tax number of bedrooms in such units, either
Credit program, shall be considered exempt. on- or off-site, shall be no less than 10
C. Standards. Development projects subject to percent of the total number of bedrooms
this subsection shall be subject to the following in the development. For the purposes of
requirements: calculating the number of bedrooms in a
1. Notwithstanding any language to the development, every 400 square feet in
contrary in this Land Use Code, all each market rate unit will count as a
developments of ten units or more are bedroom if the Planning Authority
conditional uses subject to Planning Board determines this method is appropriate in
review on the condition that they comply lieu of counting actual bedrooms.
with the requirements of this subsection, 6. As an alternative to providing workforce
unless they are within the India Street housing units, projects may pay a fee-in-
Form-Based Code Zone, in which case the lieu of some or all of the units. In-lieu fees
review will be conducted administratively shall be paid into the Housing Trust Fund.
or by the Planning Board in accordance The fee for affordable units not provided
with the thresholds of site plan review for shall be $150,000 per unit, adjusted
the district. annually in the same way as the fee under
2. At least 25% of the units in the project shall Subsection 18.1.8.
meet the definition of workforce housing 7. Workforce housing units for sale, if
unit for sale or for rent as defined in converted to workforce housing units for
Article 3. The project shall have the option rent, shall become subject to the income
of paying a partial fee-in-lieu as per (6) limits and other requirements of such units.
below or providing an additional unit on- 8. If at least 33% of the units in a
site for any fractional value. development are workforce units, the
3. Projects shall not be segmented or phased development is eligible for subsidy through
to avoid compliance with these provisions. an Affordable Housing TIF, subject to City
In cases where projects are completed in Council approval.
phases, affordable units shall be provided 9. The term of affordability for the required
in proportion to the development of 25% workforce units provided shall be
market rate units unless otherwise defined as shown in Table 18-B.
permitted through regulations. 18-6 | CITY OF PORTLAND LAND USE CODE HOUSING

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