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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number of parking spaces needed to 10.2.6 Contract or conditional rezoning
accommodate the demand for marine In addition to those marine and non-marine uses
and water-dependent uses that are authorized in Subsections 10.2.3 and 10.2.4, an
permitted by Subsections 10.2.3 and applicant may apply to locate a non-marine use not
10.2.4 which are or may be located on otherwise permitted, if the reviewing body finds the
the subject property. (See editor’s applicant has met the standards of Subsection
note below.) The remainder of parking 10.2.2, the performance standards of Subsection
required, if any, for such non-marine 10.2.8, the applicable standards of
uses shall be provided off-site. contract/conditional rezoning contained in Section
b. For the purposes of this section, 5.3, and conforms to the following requirements:
vacant ground floor space should be A. Standards for contract or conditional rezoning:
considered to have a parking demand 1. All non-marine uses shall be those
similar to other space housing an permitted or conditionally permitted in the
existing water-dependent use B-5 zone, and not specifically prohibited in
elsewhere on the subject property, or Subsection 10.2.5 above. Any hotel, inn, or
on a comparable property. other similar transient lodging
D. The following uses shall be permitted only upon establishment proposed shall be located
the issuance of a conditional use permit subject landward of the spring tide line and
to the provisions of Section 6.5, and any special westerly of the extension of the India
provisions, standards, or requirements Street right-of-way.
specified below: 2. The aggregate ground floor area of any
1. Wind energy systems. development permitted hereunder located
2. Solar energy systems. within 100 feet of the pier edge or working
edge of the hardened shoreline shall be
10.2.5 Prohibited uses occupied by at least 50% of one or more
Uses, whether floating or fixed to land, that are not marine uses set forth in Subsections 10.2.3
enumerated in Subsections 10.2.3 or 10.2.4 as and 10.2.4. Circulation areas and areas
permitted or conditional uses are prohibited. Those occupied for accessory parking serving
uses that are specifically prohibited shall include, marine uses shall not be used as the basis
without limitation: for calculating the required 50%.
A. Residential uses. 3. The development is consistent with the
B. Amusement/theme parks. Comprehensive Plan, and without the non-
C. Bulk freight facilities. marine use component proposed, the site
D. On-site gambling casinos not accessory to and could not otherwise support an
located aboard either a ferry or inter-port economically viable water-dependent use.
cruise ship. 4. The project’s public benefits outweigh its
potential negative impacts, provided that
such public benefits include one or more 10-6 | CITY OF PORTLAND LAND USE CODE WATERFRONT ZONES

Other Sections in This Document (765)

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