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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D. A determination that failure to grant the 1. The development meets the criteria of
variance would result in “undue hardship,” Subsection 12.7.2.
which in this subsection means: 2. The proposed repair, reconstruction,
1. That the land in question cannot yield a rehabilitation, or restoration will not
reasonable return unless a variance is preclude the structure’s continued
granted. designation as a historic structure and the
2. That the need for a variance is due to the variance is the minimum necessary to
unique circumstances of the property and preserve the historic character and design
not to the general conditions in the of the structure.
neighborhood. C. Variances may be issued for new construction
3. That the granting of a variance will not and substantial improvement of agricultural
alter the essential character of the locality. structures being used for the conduct of
4. That the hardship is not the result of agricultural uses provided that:
action taken by the applicant or a prior 1. The development meets the criteria of
owner. Subsection 12.7.2 and Subsection 12.4.5 are
E. Variances shall only be issued upon a met.
determination that the variance is the minimum 2. The development meets the criteria of
necessary, considering the flood hazard, to Subsection 12.4.5(M) and (N).
afford relief, and the Zoning Board of Appeals
may impose such conditions to a variance as is 12.7.4 Notice to applicants
deemed necessary. Any applicant who meets the criteria of Subsections
12.7.2 and 12.7.3(A), (B), or (C) shall be notified by
12.7.3 Standards for specific variances the Board of Appeals in writing with the signature of
A. Variances may be issued for new construction, the Chair of the Board of Appeals that:
substantial improvements, or other A. The issuance of a variance to construct a
development for the conduct of a functionally- structure below the base flood level will result
dependent use provided that: in greatly increased premium rates for flood
1. The criteria in Subsection 12.7.2 and insurance up to amounts as high as $25 per
12.4.5(M) are met. $100 of insurance coverage.
2. The structure or other development is B. Such construction below the base flood level
protected by methods that minimize flood increases risks to life and property.
damage during the base flood and create C. The applicant agrees in writing that the
no additional threats to public safety. applicant is fully aware of all the risks inherent
B. Variances may be issued for the repair, in the use of land subject to flooding, assumes
reconstruction, rehabilitation, or restoration of those risks and agrees to indemnify and defend
historic structures upon the determination the municipality against any claims filed against
that: it that are related to the applicant’s decision to
use land located in a floodplain and that the CITY OF PORTLAND LAND USE CODE | 12-19 FLOODPLAIN MANAGEMENT

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