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 for all Zoning Board of Appeals location, will not have substantially greater negative
reviews and the Planning Authority for all impacts than would normally occur from
Planning Board reviews. A nonrefundable surrounding uses or other allowable uses in the
application fee, as established from time to same zone. The review authority shall find that this
time by the City Council to cover administrative standard is satisfied if it finds that:
costs and costs of a hearing, shall accompany A. The volume and type of vehicle traffic to be
each application. The application shall be in generated, hours of operation, expanse of
such form and shall contain such information pavement, and the number of parking spaces
and documentation as shall be prescribed from required are not substantially greater than
time to time by the review authority. would normally occur at surrounding uses or
C. Public hearing. A public hearing shall be set, other allowable uses in the same zone.
advertised, and conducted by the review B. The proposed use will not create unsanitary or
authority in accordance with Article 2 of this harmful conditions by reason of noise, glare,
Land Use Code. dust, sewage disposal, emissions to the air,
D. Action. Within 30 days following the close of odor, lighting, or litter.
the public hearing, the review authority shall C. The design and operation of the proposed use,
render its decision, in a manner and form including but not limited to landscaping,
specified by Article 2 of this chapter, approving screening, signs, loading, deliveries, trash or
the conditional use, approving the conditional waste generation, arrangement of structures,
use subject to conditions as specified in and materials storage will not have a
Subsection 6.5.3, or denying it. The failure of substantially greater effect/impact on
the review authority to act within 30 days shall surrounding properties than those associated
be deemed an approval of the conditional use, with surrounding uses or other allowable uses
unless such time period is mutually extended in in the zone.
writing by the applicant and the review D. The proposed use will meet any additional zone
authority. Within five days of such decision or or use-specific standards identified in Tables 6-
the expiration of such period, the Building A to 6-G and Section 6.4.
Authority or Planning Authority shall mail
notice of such decision or failure to act to the 6.5.3 Conditions on conditional use approvals
applicant and, if a conditional use is authorized, The review authority may impose such reasonable
list therein any and all conditions imposed by conditions upon the premises benefited by a
the review authority. conditional use as may be necessary to prevent or
minimize adverse effects therefrom upon other
6.5.2 General conditional use standards property in the neighborhood. Such conditions shall
The review authority shall, after review of the be expressly set forth in the resolution authorizing
application, approve a conditional use upon a the conditional use. Violation of such conditions
finding that the proposed conditional use, at the shall be a violation of this article.
size and intensity contemplated at the proposed 6-26 | CITY OF PORTLAND LAND USE CODE USE STANDARDS

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