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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Authority within 10 days of the date of the subsection as an application for a conditional
notice sent to them. The failure of any use, applying the standards applicable to
property owner to receive the notice described conditional uses under Section 6.5 as well as
above shall not invalidate any action by the the requirements of this subsection.
Building Authority. The Building Authority shall H. Dimensional and parking requirements.
promptly notify the applicant of receipt of the In making decisions under this subsection,
objection, that the Building Authority is neither the Building Authority nor the Board of
without authority to proceed, and advise the Appeals shall apply the dimensional or parking
applicant that, within 30 days from receipt of requirements which would otherwise apply in
the letter, an application may be filed to have the zones where the nonconforming dwelling
the matter reviewed by the Board of Appeals as units are situated.
a conditional use. I. Exclusions. The provisions of this subsection
E. Approval of application. The Building shall not apply to rooming units, but shall apply
Authority may approve the application, to efficiency apartments under Chapter 6 of
provided that the evidence presented satisfies the City of Portland Code of Ordinances. The
all of the requirements of this subsection and Board of Appeals is without jurisdiction to
provided that no abutter nor person entitled to grant any relief (including, but not limited to,
notice has requested that the application be variances) which would recognize the particular
referred to the Board of Appeals, instead of the dwelling units which are the subject of this
Building Authority. Upon approval of the subsection as legal, nonconforming uses,
application, final inspection by the Building except in strict compliance with each
Authority certifying the units as in compliance requirement of this subsection.
with all applicable codes, and receipt of an J. Prior judicial and administrative action.
inspection fee as established by the City Decisions of any court or administrative body,
Council for each nonconforming dwelling unit including but not limited to, the Building
which has been recognized as a lawful, Authority, the Planning Board, or the Board of
nonconforming use, the Building Authority shall Appeals, made prior to the effective date of this
issue a certificate of occupancy. subsection and which addressed the number of
F. Disapproval of application. In the event the nonconforming dwelling units in a particular
application is not approved by the Building structure, will not bar relief under this
Authority or in the event of a timely objection subsection.
filed by a person qualified herein to file such an
objection, the applicant, within 30 days from
the decision of the Building Authority or
objection, may appeal the matter to the Board
of Appeals as a conditional use.
G. Action by Board of Appeals. The Board of
Appeals shall treat applications filed under this CITY OF PORTLAND LAND USE CODE | 4-5 ZONES

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