Portland Land Use Code

Citation: Portland Land Use Code
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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standards would both preclude a permitted use and bulk requirements of the zone in
of the property and result in significant which the property is located and not from
economic injury to the applicant. Significant any provision that allows a deviation from
economic injury shall mean that the value of those requirements.
the property if the variance were denied would 2. No variance shall be granted which would
be substantially lower than its value if the permit the creation of a lot or parcel that
variance were granted. To satisfy this standard, cannot be developed in compliance with
the applicant need not prove that denial of the the zoning, subdivision, and other
variance would mean the practical loss of all regulations applicable thereto.
beneficial use of the land. In granting a 3. No variance shall be granted which would
practical difficulty variance, all of the following result in a use or development of the lot or
conditions must be found to exist: parcel in question which would not be in
1. The need for a variance is due to the harmony with the general purpose and
unique circumstances of the property, and intent of this Land Use Code or the
not to the general conditions in the Comprehensive Plan; which would be
neighborhood. materially detrimental to the public welfare
2. The granting of the variance will not or materially injurious to the enjoyment,
produce an undesirable change in the use, or development of property or
character of the neighborhood and will not improvement permitted in the vicinity; or
have an unreasonably detrimental effect which would materially impair an adequate
on either the use or fair market value of supply of light and air to properties and
abutting properties. improvements in the vicinity, substantially
3. The practical difficulty is not the result of increase congestion in the public streets,
action taken by the applicant or a prior increase the danger of flood or fire, or
owner. endanger the public safety.
4. No other feasible alternative is available to 4. No variance shall be granted which would
the applicant, except a variance. be greater than the minimum variance
5. The granting of a variance will not have an necessary to relieve the undue hardship or
unreasonably adverse effect on the natural the hardship of the applicant.
environment. 5. No variance shall be granted from the
6. The property is not located, in whole or in requirements of Subsection 6.4.1
part, within a shoreland area, as defined in F. Conditions on variances and variances less
38 M.R.S. § 435, nor within a Shoreland than requested. Reasonable conditions and
Overlay Zone or flood hazard area, as safeguards relating to construction, character,
defined in this Land Use Code. location, landscaping, screening, and other
E. Specified variances prohibited matters may be imposed upon the premises
1. A variance may only be granted with benefited by a variance as considered
respect to the generally applicable space necessary to prevent injurious effects upon CITY OF PORTLAND LAND USE CODE | 2-15 ADMINISTRATION

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