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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8 OVERLAY ZONES of the underlying zoning, as they may be amended from
time to time, continue to apply, except as expressly
8.1 COASTAL FLOOD RESILIENCE OVERLAY superseded by this Section. Where conflicts exist
(CFROZ) between this Section and the remainder of this Code,
8.1.1 Purpose the more restrictive provision shall govern.
The purpose of the Coastal Flood Resilience Overlay
Zone (CFROZ) is to protect persons and structures 8.1.4 Use classifications
from the adverse effects of sea level rise and storm A. For the purposes of this Section, uses in the
surge associated with climate change by: CFROZ shall be classified as follows:
A. Advancing adaptation strategies for long-term 1. Critical uses. Critical uses generally include
resilience. residential, governmental, educational,
B. Complementing public realm resilience medical, emergency, and related high-risk
measures by guiding development on private uses.
property. 2. Non-critical uses. Non-critical uses
C. Mitigating flood risks in a way that is specific to generally include retail, restaurant,
Portland’s unique hydrological conditions and commercial, and related medium-risk uses.
affected uses, particularly in areas that are not 3. Exempt uses. Exempt uses generally
currently recognized as flood zones but are include low risk and low occupancy uses
vulnerable to future sea level rise. such as parking, construction yards, and
D. Providing a balanced framework in which flood storage.
protection requirements are proportional to B. Table 8-A shall determine whether a use is
the vulnerability and risks of various classified as critical, non-critical, or exempt. For
occupancies. uses not listed in Table 8-A, the Building
Authority or the Planning Authority shall
8.1.2 Applicability determine the classification based upon the
The provisions of the CFROZ shall apply to property most nearly comparable land use. Water-
or proposed projects wholly or partially within the dependent uses shall be considered exempt.
boundaries of the Coastal Flood Resilience Overlay C. All accessory uses shall be considered non-
Zone as depicted on the City of Portland Zoning critical, with the following exceptions:
Map. However, property or proposed projects 1. Accessory dwelling units.
within the CFROZ boundary that are also located 2. Child care centers and small child care
wholly or partially within special flood hazard areas facilities greater than 1,000 square feet in
with a BFE of 13 feet or higher as defined in Article floor area.
12 shall be exempt from the provisions of the 3. Clinics greater than 1,000 square feet in
CFROZ. floor area.

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