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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guidelines, maps, and other parts of any               nominated but not yet designated shall be subject
     designation.                                           to the provisions of Sections 16.8 governing
                                                            maintenance, to the same extent as if designated.
16.3.8    Presumption of contributing
     classification                                         16.4.2 Protection from demolition
Where the historic designation does not specify the         From the time of submission of a complete
classification of a building, structure, object, or site,   nomination as set forth under Subsection 16.3.2
there shall be a presumption that the building,             until the City Council acts upon such nomination,
structure, object, or site is contributing, unless:         the nomination is withdrawn, or the nomination
A. Documentation can be provided to the                     expires, all demolition permit applications for any
     Planning Authority that the building, structure,       building, structure, object, or site nominated but
     object, or site was constructed within 50 years        not yet designated shall be denied unless:
     of or after the date of historic designation, or       A. The Historic Preservation Board has held a
     after the stated period of significance;                    public hearing at the request of the owner of a
B. The Historic Preservation Board holds a public                building, structure, object, or site and has found
     hearing and finds that the building, structure,             that the building, structure, object, or site in
     object, or site has no significance relating to             question would be recommended to be
     the criteria for historic designation under                 classified as noncontributing to the nominated
     Subsection 16.2.2(A) referenced in the                      historic designation and shall be eligible for a
     nomination for the historic designation, or                 demolition permit. The determination of the
     reports of the Historic Preservation Board,                 Historic Preservation Board that the building,
     Planning Board or City Council; or                          structure, object, or site is eligible for a permit
C. The Historic Preservation Board holds a public                shall be conclusive; or
     hearing and finds that the building, structure,        B. The owner has received a certificate of
     object, or site has been lawfully substantially            economic hardship under Section 16.7.
     altered within 50 years of or after the date of
     historic designation, or after the stated period       16.5 REVIEW PROCESS FOR HISTORIC
     of significance, such that it lacks integrity as            PRESERVATION APPROVAL
     defined under Subsection 16.2.2(B).                    16.5.1 Applicability
                                                            A historic preservation approval shall be required
16.4 INTERIM PROTECTION FOR NOMINATED                       prior to undertaking any new construction,
     HISTORIC DESIGNATIONS                                  additions, exterior alterations, site alterations,
16.4.1 Maintenance                                          signage, or the relocation of buildings, structures, or
From the time of submission of a complete                   objects affecting any property within the
nomination as set forth under Subsection 16.3.2             boundaries of a historic designation as identified in
until the City Council acts upon such nomination,           Table 16-A. Historic preservation approval shall also
the nomination is withdrawn, or the nomination              be a condition precedent to the issuance of any
expires, all buildings, structures, objects, or sites       permit authorizing any such work as noted above. 16-6 | CITY OF PORTLAND LAND USE CODE HISTORIC PRESERVATION
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