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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body or tributary stream, or upland edge of a necessity, nor to other water-dependent
wetland, to the nearest part of a structure, uses.
road, parking space or other regulated object 4. Notwithstanding the requirements of this
or area. section, stairways or similar structures may
be allowed with a permit from the Building
11.4 LAND USE STANDARDS Authority to provide shoreline access in
11.4.1 Principal and accessory structures areas of steep slopes or unstable soils,
A. Setbacks provided that:
1. All principal and accessory structures shall a. The structure is limited to a maximum
be setback at least 75 feet horizontal of four feet in width.
distance from the normal high-water line b. The structure does not extend below
of a river, stream, or tributary stream, or or over the normal high-water line of a
the upland edge of a wetland within the water body or upland edge of a
Shoreland Overlay Zone, except that in the wetland, unless permitted by the
following zones the setback shall be as Department of Environmental
indicated below: Protection pursuant to 38 M.R.S. § 480
a. B-3, B-5, I-L on-peninsula, and I-M on- C.
peninsula: 25 feet. c. The applicant demonstrates that no
b. I-B, WCZ, WPDZ, EWPZ: No setback reasonable access alternative exists on
required. However, pier edge setbacks the property.
shall apply in the EWPZ, the WCZ, and B. Finished floor elevation. The lowest floor
the WPDZ. elevation or openings of all buildings and
2. For principal structures, setback structures including basements shall be
measurements shall be taken from the top elevated at least one foot above the elevation
of a coastal bluff that has been identified of the 100-year flood, the flood of record, or in
on coastal bluff maps as being “highly the absence of these, the flood as defined by
unstable” or “unstable” by the Maine soil types identified as recent floodplain soils.
Geological Survey. C. Non-vegetated lot area.
3. In all cases, accessory detached structures 1. With the exception of the EWPZ, WCZ,
of less than 100 square feet of floor area WPDZ, B-3, B-5, B-6, I-B, I-L (on-peninsula),
shall be permitted with no setback, and I-M zones (on-peninsula), non-
provided that such structures shall be used vegetated surfaces shall not exceed a total
only for the storage of fish, bait, and of 20% of the portion of the lot located
related equipment. No setback shall be within the Shoreland Overlay Zone. This
required for piers, docks, retaining walls, or limitation does not apply to public boat
any other structures which require direct launching facilities regardless of the zone
access to the water as an operational in which the facility is located. CITY OF PORTLAND LAND USE CODE | 11-3 SHORELAND OVERLAY ZONE

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