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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application materials. In these cases, the cost of limit the scope of work to the minimum extent
the third-party review shall be charged to the necessary to eliminate the undue financial
applicant. burden or allow reasonable use of the building,
E. The Board of Appeals may require additional structure, object, or site. Certificates of
evidence or supporting materials to inform economic hardship shall be issued with
their decision on the application. flexibility to allow modifications or adaptations
that reduce the financial burden on the owner
16.7.4 Review while preserving key aspects of the historic
A. The Board of Appeals shall hold a workshop or property. Adjustments to preservation
public hearing on the application within 30 days requirements may include phasing of required
following receipt of a complete application. work, relaxed standards for non-essential
B. The Planning Authority may provide a report or elements, or alternative compliance methods
any other information, documentation or that achieve preservation goals at lower costs.
evidence or request the Historic Preservation C. Certificates of economic hardship shall not
Board to assist the Board of Appeals in allow for the beginning of any demolition work
considering the extent of variance necessary or until the necessary approvals and permits have
reasonable condition to be imposed. been attained to allow for the rehabilitation,
C. The Board of Appeals may continue a alteration, or replacement of the building,
proceeding for such additional time as it structure, object, or site.
reasonably takes an applicant, any other D. Certificates of economic hardship shall be valid
interested person, the Historic Preservation for a period of three years from the date of the
Board, or the Planning Board to comply with a determination by the Board of Appeals.
request for additional information or evidence. E. Certificates of economic hardship shall not be
The applicant shall be afforded the right to transferable from the applicant to another
present rebuttal evidence. subsequent owner of the same property.
D. The determination by the Board of Appeals
shall be made within 30 days following close of 16.8 MAINTENANCE
the public hearing. The determination shall be 16.8.1 Maintenance of protected structures
accompanied by findings of fact. A. All contributing buildings, structures, objects,
and sites shall be preserved against decay and
16.7.5 Issuance deterioration by being kept free from the
A. If the determination of the Board of Appeals is following structural defects by the owner and
that the standard of Subsection 16.7.2 has been any other person or persons who may have
met, then the certificate of economic hardship legal custody and control thereof:
shall be issued by the Planning Authority within 1. Deteriorated or inadequate foundation
30 days following the determination. which jeopardizes its structural integrity.
B. Certificates of economic hardship shall 2. Defective or deteriorated floor supports or
any structural members of insufficient size 16-16 | CITY OF PORTLAND LAND USE CODE HISTORIC PRESERVATION

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