City of South Portland, ME, Code of Ordinances ch. 5 (Buildings), Art. VII (Rental Registration)

Citation
City of South Portland, ME, Code of Ordinances ch. 5 (Buildings), Art. VII (Rental Registration)
Source
Official source
Original Source
https://southportland.gov/DocumentCenter/View/1421/Ch-05-Buildings ↗

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Full Text

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​ (1)​ A variance shall be granted for a development within the designated
regulatory floodway only if no increase in flood levels during the base
flood discharge will result.

​ (2)​ A variance may be granted only upon showing of good and sufficient cause
and a determination that should a flood comparable to the base flood occur,
the granting of a variance will not result in increased flood heights,
additional threats to public safety, additional public expense, or
increased nuisances, or cause fraud, or victimization of the public or
conflict with existing local laws or ordinances.

​ (3)​ A variance may be granted only upon a showing that the issuance of the
variance will not conflict with other state, federal or local laws or
ordinances.

​ (4)​ A variance may be granted only upon a determination that failure to grant
the variance would result in "undue hardship," which in this subsection
means that:

​ ​ (a)​ the land in question cannot yield a reasonable return unless a
variance is granted; and,

​ ​ (b)​ the need for a variance is due to the unique circumstances of the
property and not to the general conditions in the neighborhood; and,

​ ​ (c)​ the granting of a variance will not alter the essential character of
the locality; and,

​ ​ (d)​ the hardship is not the result of action taken by the applicant or a
prior owner.

​ (5)​ A variance may be granted only upon a determination that the variance is
the minimum necessary, considering the flood hazard, to afford relief. The
Board of Appeals may impose such conditions as it deems necessary to the
variance.
​ SOUTH PORTLAND CODE