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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whose value is less than 50% of the market       B. Before deciding any application, the Zoning
         value of the structure. This includes, but is         Board of Appeals shall hold a public hearing on
         not limited to: accessory structures as               the application within thirty days of their
         provided for in Subsection 12.4.5(L),                 receipt of the application.
         mining, dredging, filling, grading, paving,      C. If the Zoning Board of Appeals finds that the
         excavation, drilling operations, storage of           application satisfies all relevant requirements of
         equipment or materials, deposition or                 this article, the Zoning Board of Appeals must
         extraction of materials, public or private            approve the application or approve
         sewage disposal systems or water supply               with conditions within 45 days of the date of
         facilities that do not involve structures, and        the public hearing.
         nonstructural projects such as bridges,          D. A conditional use approval issued under the
         dams, towers, fencing, pipelines, wharves,            provisions of this article shall expire if the work
         and piers.                                            or change involved is not commenced within
B. For development that requires review and                    180 days of the approval by the Zoning Board
    approval as a conditional use, as provided for in          of Appeals.
    this article, the Flood Hazard Development            E.   The applicant shall be notified by the Zoning
    Permit application shall be acted upon by the              Board of Appeals in writing over the signature
    Zoning Board of Appeals as required under                  of the Chair of the Board of Appeals that
    Section 12.5.                                              flood insurance is not available for structures
                                                               located entirely over water or seaward of mean
12.5 CONDITIONAL USE REVIEW                                    high tide.
12.5.1 Review authority
The Zoning Board of Appeals shall hear and                12.5.3 Expansion of conditional uses
approve, approve with conditions, or disapprove all       No existing building or use of premises may be
applications for conditional uses provided for in this    expanded or enlarged without approval under this
article. An applicant informed by the Building            section if that building or use was stablished or
Authority that a conditional use approval is required     constructed under a previous conditional use
shall file an application for the permit with the         approval or if it is a building or use which would
Zoning Board of Appeals.                                  require a conditional use approval if being newly-
                                                          established or constructed under this article.
12.5.2 Review procedure
A. The Flood Hazard Development Permit                    12.6 CERTIFICATE OF COMPLIANCE
    application with additional information               A. A certificate of compliance shall be signed by
    attached addressing how each of the                        the Building Authority stating that a structure is
    conditional use criteria specified in this article         in compliance with all of the provisions of this
    will be satisfied may serve as the application for         article.
    the conditional use review.                           B. No land in an area of special flood hazard shall
                                                               be occupied or used in violation of this article, CITY OF PORTLAND LAND USE CODE | 12-17 FLOODPLAIN MANAGEMENT
Other Sections in This Document (765)

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