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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structures; mining, dredging, filling, grading,       C. Minor development. All development that is
   paving, excavation, drilling operations or storage         not new construction or a substantial
   of equipment or materials; and the storage,                improvement, such as repairs, maintenance,
   deposition, or extraction of materials.                    renovations, or additions, whose value is less
B. New construction. Structures for which the                 than 50% of the market value of the structure. It
   "start of construction" commenced on or after              also includes, but is not limited to: accessory
   July 17, 1986 and includes any subsequent                  structures as provided in subsection 12.4.5(L),
   improvements to such structures. For purposes              mining, dredging, filling, grading, paving,
   of this article, start of construction shall mean          excavation, drilling operations, storage of
   the date the building permit was issued,                   equipment or materials, deposition or extraction
   provided the actual start of construction, repair,         of materials, public or private sewage disposal
   reconstruction, rehabilitation, addition,                  systems or water supply facilities that do not
   placement, substantial improvement or other                involve structures; and non-structural projects
   improvement was within 180 days of the permit              such as bridges, dams, towers, fencing, pipelines,
   date. The actual start means either the first            wharves, and piers
   placement of permanent construction of a              D. Substantial damage. Damage of any origin
   structure on a site, such as the pouring of slab or        sustained by a structure whereby the cost of
   footings, the installation of piles, the                   restoring the structure to its before damage
   construction of columns, or any work beyond                condition would equal or exceed 50% of the
   the stage of excavation; or the placement of a             market value of the structure before the damage
   manufactured home on a foundation.                         occurred.
   Permanent construction does not include land          E.    Substantial improvement. Any,
   preparation, such as clearing, grading and filling;         reconstruction, rehabilitation, addition, or
   nor does it include the installation of streets             other improvement of a structure, the cost of
   and/or walkways; nor does it include excavation             which equals or exceeds 50% of the market
   for basement, footings, piers, or foundations or            value of the structure before start of
   the erection of temporary forms; nor does it                construction of the improvements. This term
   include the installation on the property of                 includes structures which have incurred
   accessory buildings, such as garages or sheds               substantial damage, regardless of the actual
   not occupied as dwelling units or not part of the           work performed. The term does not, however,
   main structure. For a substantial improvement,              include:
   the actual start of construction means the first            1.   Any project for improvement of a
   alteration of any wall, ceiling, floor, or other                 structure to correct existing violations of
   structural part of a building, or modification of                state or local health, sanitary, or safety
   any construction element, whether or not that                    code specifications which have been
   alteration affects the external dimensions of the                identified by the local code enforcement
   building.                                                        official and which are the minimum
                                                                    necessary to assure safe living conditions. CITY OF PORTLAND LAND USE CODE | 12-3 FLOODPLAIN MANAGEMENT
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