Portland Land Use Code

Citation: Portland Land Use Code 5.
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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5.2.3 Extension of zone lines change or retain a zone or a rezoning which is
Where a zone boundary line divides a lot in single or inconsistent with the City's Comprehensive Plan.
joint ownership of record at the time such line is
established, the use provisions of this Land Use 5.3.2 Hearing
Code for the less restricted portion of such lot shall The Planning Board shall conduct a public hearing in
extend not more than 30 feet into the more accordance with Section 2.1.8 prior to any property
restricted portion, provided that the lot has at least being rezoned under this section.
20 feet of street frontage in the less restrictive zone
when taken together with adjacent premises which 5.3.3 Conditions and restrictions
are under the same or equivalent ownership or Conditions and restrictions imposed under the
control. If such boundary line divides a business or authority of this section shall relate only to the
industrial zone from a residential zone, no frontage physical development and operation of the property
on a street other than the principal business street and may include, by way of example:
in the less restrictive zone may be taken into A. Limitations on the number and types of uses
consideration in connection with the right herein permitted.
granted. This subsection shall only apply with B. Restrictions on the scale and density of
respect to use provisions. development.
C. Specifications for the design and layout of
5.3 CONDITIONAL OR CONTRACT ZONING buildings and other improvements.
5.3.1 Authority and purpose D. Schedules for commencement and completion
Pursuant to 30-A M.R.S.§ 4352(8), conditional or of construction.
contract zoning is hereby authorized for rezoning of E. Performance guarantees securing completion
property where, for reasons such as the unusual and maintenance of improvements, and
nature or unique location of the development guarantees against defects.
proposed, the City Council finds it necessary or F. Preservation of open space and buffers, and
appropriate to impose, by agreement with the protection of natural areas and historic sites.
property owner or otherwise, certain G. Contributions toward the provision of
conditions or restrictions in order to ensure that municipal services required by the
the rezoning is consistent with the City's development.
Comprehensive Plan. Conditional or contract zoning H. Provisions for enforcement and remedies for
shall be limited to where a rezoning is requested by breach of any condition or restriction.
the owner of the property to be rezoned. The
conditional or contract zoning must be consistent 5.3.4 Amendments
with the Comprehensive Plan, and rezoned areas Except as expressly modified in any contract or
must be consistent with the existing and permitted conditional rezoning agreement, the use and
uses within the original zone. Nothing in this occupancy of any property within the City of
section shall authorize either an agreement to Portland used or occupied pursuant to a contract 5-2 | CITY OF PORTLAND LAND USE CODE ZONES

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