Portland Land Use Code

Citation: Portland Land Use Code 2.
Parent Document: Portland Land Use Code
Jurisdiction: Portland (municipal)
Original Source: https://www.portlandmaine.gov/asset/a5dcd1dc-4117-40b3-b3da-74a56919e14b ↗

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2. A public hearing shall be set, advertised, uses the dwelling. The board shall restrict
and conducted by the Board of Appeals in any variance granted under this subsection
accordance with Subsection 2.3.7. solely to the installation of equipment or
3. All decisions by the board shall be the construction of structures necessary
rendered in a manner and form not for access to or egress from the dwelling
inconsistent with the statutes of this state. by the person with the disability. The
4. When a decision affects property located board may impose conditions on the
within the Shoreland Overlay Zone, the variance, including limiting the variance to
Zoning Board of Appeals shall cause the duration of the disability or to the time
written notice of its decision to be mailed that the person with the disability lives in
or hand-delivered to the Department of the dwelling. The term “structures
Environmental Protection within seven necessary for access to or egress from the
days of the board’s decision. dwelling” shall include railing, wall, or roof
B. Undue hardship variance. An undue hardship systems necessary for the safety or
variance may be granted by the board only effectiveness of the structure. For the
where strict application of the ordinance, or a purpose of this subsection, a disability has
provision thereof, to the petitioner and their the same meaning as a physical or mental
property would cause undue hardship. The disability under 5 M.R.S. § 4553.
words “undue hardship” as used in this 2. By the Building Authority. Notwithstanding
subsection mean the following: the provisions of subsections (B) and
1. The land in question cannot yield a (C(1)) above, the Building Authority may
reasonable return unless a variance is issue a permit to the owner of a dwelling
granted. for the purpose of making a dwelling
2. The need for a variance is due to the accessible to a person with a disability who
unique circumstances of the property and resides in or regularly uses the dwelling. If
not to the general conditions in the the permit requires a variance, the permit
neighborhood. is deemed to include that variance solely
3. The granting of a variance will not alter the for the installation of equipment or the
essential character of the locality. construction of structures necessary for
4. The hardship is not the result of action access to or egress from the dwelling for
taken by the applicant or prior owner. the person with a disability.
C. Disability variance D. Practical difficulty variance. Notwithstanding
1. By the Board of Appeals. Notwithstanding the provisions of subsections (B) and (C)
the provisions of subsection (B) above, the above, the Board of Appeals may grant a
board may grant a variance to an owner of variance from the dimensional standards of this
a residential dwelling for the purpose of Land Use Code that relate to lot area, lot
making that dwelling accessible to a person coverage, frontage, setback, and build-to
with a disability who resides in or regularly requirements when strict application of these 2-14 | CITY OF PORTLAND LAND USE CODE ADMINISTRATION

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