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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the Building Authority that installation has been and/or driveway setback requirement to no
completed. less than 50 feet, horizontal distance, upon
clear showing by the applicant that
11.4.9 Essential services appropriate techniques will be used to
A. Where feasible, the installation of essential prevent sedimentation of the water body,
services shall be limited to existing public ways tributary stream or wetland. Such
and existing service corridors. techniques may include, but are not limited
B. The installation of essential services, other than to, the installation of settling basins, and/or
road-side distribution lines and within existing effective use of additional ditch relief
service corridors, is not allowed in a Resource culverts and turnouts place so as to avoid
Protection subdistrict or within 75 feet of the sedimentation of the water body, tributary
normal high-water line of a stream, except to stream, or wetland.
provide services to a permitted use within the 3. On slopes greater than 20%, the road
underlying zone, or where the applicant and/or driveway setback shall be increased
demonstrates that no reasonable alternative by 10 feet, horizontal distance, for each
exists. Where allowed, such structures and five percent increase in slope above 20%.
facilities shall be located so as to minimize any 4. Subsection 11.4.10(A) does not apply to
adverse impacts on surrounding uses and approaches to water crossings or to roads
resources, including visual impacts. or driveways that provide access to
C. Damaged or destroyed public utility permitted structures and facilities located
transmission and distribution lines, towers, and nearer to the shoreline or tributary stream
related equipment may be replaced or due to an operational necessity, excluding
reconstructed without a permit. temporary docks for recreational uses.
Roads and driveways providing access to
11.4.10 Roads and driveways permitted structures within the setback
A. Roads and driveways shall be setback a area shall comply fully with the
minimum of 75 feet from the normal high- requirements of Subsection 11.4.10 except
water line of a river, stream, or tributary for that portion of the road or driveway
stream, or upland edge of a coastal or necessary for direct access to the
freshwater wetland within a Shoreland Overlay structure.
Zone, except: B. Existing public roads may be expanded within
1. In the EWPZ, WCZ, WPDZ, B-3, B-5, I-L (on- the legal road right of way regardless of their
peninsula) and I-M (on-peninsula), roads setback from a waterbody, tributary stream, or
and driveways shall be setback as wetland.
established for structures in those zones as C. New roads and driveways are prohibited in a
specified in Subsection 11.4.1(A). Resource Protection subdistrict except that the
2. If no other reasonable alternative exists, review authority may grant approval to
the review authority may reduce the road construct a road or driveway to provide access 11-14 | CITY OF PORTLAND LAND USE CODE SHORELAND OVERLAY ZONE

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