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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horizontal distance, of tributary streams and D. The proposal will not have an adverse impact
freshwater wetlands when such new tilling, by on spawning grounds, fish, aquatic life, bird, or
itself or combined with all other contiguous other wildlife habitat.
tillage, shall exceed 40,000 square feet in E. The proposal will conserve shore cover and
surface area. Operations in existence on the visual, as well as actual, points of access to
effective date of this section and not in inland and coastal waters.
conformance with these provisions may be F. The proposal will protect archaeological and
maintained but shall not be expanded. When historic resources.
the new tilling, by itself or combined with all G. The proposal will not adversely affect existing
other contiguous tillage, shall total 40,000 commercial fishing or maritime activities.
square feet or less, the tillage shall be set back a H. The proposal will avoid problems associated
minimum of 25 feet from all water bodies, with floodplain development and use.
tributary streams, or wetlands. I. The proposal is in conformance with the
E. Newly established livestock grazing areas shall standards set forth in this article.
not be permitted within 75 feet, horizontal
distance, of water bodies and coastal wetlands 11.6 NONCONFORMING STRUCTURES
or within 25 feet, horizontal distance, of 11.6.1 Increase in nonconformity
tributary streams and wetlands. Livestock For the purposes of this section, increase in
grazing associated with ongoing farm activities nonconformity of a structure shall mean any change
and which are not in conformance with the in a structure or property which causes further
above setback provisions may continue, deviation from the dimensional standard(s) creating
provided such grazing is conducted in the nonconformity such as, but not limited to,
accordance with a soil and water conservation reduction in water body, tributary stream or
plan filed with the Planning Authority. wetland setback distance, increase in lot coverage,
or increase in height of a structure. Property
11.5 SUPPLEMENTAL SITE PLAN STANDARDS changes or structure expansions which either meet
11.5.1 Site plan standards the dimensional standard or which cause no further
The Planning Board or Planning Authority shall increase in the linear extent of nonconformance of
approve a site plan located within a Shoreland the existing structure shall not be considered to
Overlay Zone if it finds that the following standards, increase nonconformity. For example, there is no
in addition to the standards set forth in Article 13, increase in nonconformity with the setback
are met: requirement for water bodies, wetlands, or tributary
A. The proposal will maintain safe and healthful streams if the expansion extends no further into the
conditions. required setback area than does any portion of the
B. The proposal will not result in water pollution, existing nonconforming structure. Hence, a
erosion, or sedimentation to surface waters. structure may be expanded laterally provided that
C. The proposal will adequately provide for the the expansion extends no closer to the water body,
disposal of all wastewater. tributary stream, or wetland than the closest CITY OF PORTLAND LAND USE CODE | 11-17 SHORELAND OVERLAY ZONE

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