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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and no structure in such an area which is 12.7 VARIANCES AND APPEALS
developed or substantially improved shall be 12.7.1 Authority
occupied until a certificate of compliance is A. The Zoning Board of Appeals of the City of
issued by the Building Authority. Said certificate Portland may, upon written application of an
of compliance shall be issued only after the aggrieved party, hear and decide appeals where
Building Authority has received all permits and it is alleged that there is an error in any order,
certificates from the applicant as required by requirement, decision, or determination made,
this article. or failure to act, in the administration or
C. For new construction or substantial enforcement of the provisions of this article.
improvement of any elevated structure, the B. The Board of Appeals may authorize variances,
applicant shall submit to the Building Authority: meaning the granting of relief from the
1. An elevation certificate (FEMA form FF- provisions of this article, as authorized in
206-FY-22-152) completed by a Subsection 2.3.11 except:
professional land surveyor for compliance 1. As otherwise expressly provided in
with Subsection 12.4.5(H), (I), (J), or (R). Subsection 2.3.11(E).
2. For structures in Zones VE and Coastal AE, 2. Variances shall not be granted within any
a written certification by a registered designated regulatory floodway if any
professional engineer or architect shall be increase in flood levels during the base
provided to the Building Authority stating flood discharge would result.
that the design and methods of
construction used are in compliance with 12.7.2 Standards
the applicable provisions of Subsection Subsection 2.3.11 notwithstanding, variances from
12.4.5(R)(2)(b), (c), and (d). the requirements of this article shall be granted only
D. The applicant shall submit written notification upon:
to the Building Authority that the development A. A showing of good and sufficient cause.
is complete and complies with the provisions of B. A determination that should a flood
this article. comparable to the base flood occur, the
E. Within 10 working days, the Building Authority granting of a variance will not result in
shall review the elevation certificate (FEMA increased flood heights, additional threats to
form FF-206-FY-22-152) and the applicant’s public safety, or public expense, or create
written notification and, upon determination nuisances, cause fraud or victimization of the
that the development conforms with the public, or conflict with existing local laws or
provisions of this article, shall issue a certificate ordinances.
of compliance. C. A showing that the issuance of the variance will
not conflict with other state, federal, or local
laws or ordinances. 12-18 | CITY OF PORTLAND LAND USE CODE FLOODPLAIN MANAGEMENT

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