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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maximum height of any structure may               the footprint of any other structures on
          not be made greater than 20 feet or               the parcel, the Shoreland Overlay Zone
          the height of the existing structure,             boundary and evidence of approval by the
          whichever is greater.                             Building Authority.
     b.   In addition to the limitations in
          subsection (a) above, for structures     11.6.3 Foundations
          that are legally nonconforming due to    Whenever a new, enlarged, or replacement
          their location within the Resource       foundation is constructed under a nonconforming
          Protection subdistrict when located at   structure, the structure and new foundation must
          less than 250 feet from the normal       be placed such that the setback requirement is met
          high-water line of a water body or the   to the greatest practical extent as determined by
          upland edge of a wetland, the            the Building Authority, basing its decision on the
          maximum combined total footprint         criteria specified in Subsection 11.6.4.
          for all structures may not be expanded
          to a size greater than 1,500 square      11.6.4 Relocation
          feet or 30% larger than the footprint    A nonconforming structure may be relocated within
          that existed at the time the Resource    the boundaries of the parcel on which the structure
          Protection subdistrict was established   is located provided that the site of relocation
          on the lot, whichever is greater. The    conforms to all setback requirements to the
          maximum height of any structure may      greatest practical extent as determined by the
          not be made greater than25 feet or       Building Authority, and provided that if the
          the height of the existing structure,    structure is not connected to a public sewer system,
          whichever is greater, except that any    the applicant demonstrates that the present
          portion of those structures located      subsurface sewage disposal system meets the
          less than 75 feet from the normal        requirements of State law and the State of Maine
          high-water line of a water body,         Subsurface Wastewater Disposal Rules, or that a
          tributary stream, or upland edge of a    new system can be installed in compliance with the
          wetland must meet the footprint and      law and said rules and further provided that the
          height limits in Subsection 11.6.2(C)2   relocation meets the following standards:
          and Subsection 11.6.2(C)3.a, above.      A. In no case shall a structure be relocated in a
4.   An approved plan for expansion of a               manner that causes the structure to be more
     nonconforming structure must be                   nonconforming.
     recorded by the applicant with the            B. In determining whether the building relocation
     Cumberland County Registry of Deeds               meets the setback to the greatest practical
     within 90 days of approval. The recorded          extent, the Building Authority shall consider the
     plan must show the existing and proposed          size of the lot, the slope of the land, the
     footprint of the nonconforming structure,         potential for soil erosion, the location of other
     the existing and proposed structure height,       structures on the property and on adjacent CITY OF PORTLAND LAND USE CODE | 11-19 SHORELAND OVERLAY ZONE
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