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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17 HOUSING unit and dwelling units that remain vacant for
three years or more or are lost due to
17.1 HOUSING PRESERVATION AND demolition unless the vacancy or demolition
REPLACEMENT results from accidents outside of the owner’s
17.1.1 Purpose control, fire, natural disasters, or acts of war.
The purpose of the housing preservation and D. Determination of number of the dwelling units
replacement ordinance is: within a structure or structures and the
A. To promote and facilitate an adequate supply number of units lost will be based on the
of housing, particularly affordable housing for records of the Building Authority indicating the
all economic groups. legal, registered use of the property since July
B. To limit the net loss of housing units in the city. 1, 2002 through the time of application. The
C. To preserve housing in zones where housing is actual use of the property for purposes of
permitted in the city for all residents in order applicability of this section may be rebutted by
to promote the health, safety, and welfare of its the owner by proof of documentary evidence
citizens. including but not limited to photographs,
letters, and sworn affidavits. The Planning
17.1.2 Applicability Authority may conduct its own investigation of
A. Except as otherwise provided in this section, the actual use and shall determine the
the housing preservation and replacement applicability of this section based on the totality
ordinance shall apply to the loss of three or of the evidence.
more dwelling units in a five-year period,
provided that such dwelling units were a legally 17.1.3 Exemptions
registered residential use as of July 1, 2002. For This section does not apply to:
the purposes of this section, dwelling units shall A. Consolidation, elimination, or reconfiguration
be as defined in Article 3, but also include of one or more dwelling units within an existing
rooming units that people rent in or sleep in structure, as long as all the resulting units
within lodging houses, dormitories, shelters, remain as dwelling units after such
and sheltered care group homes. consolidation, elimination, or reconfiguration,
B. Except as otherwise provided in this section, except as provided by (D) below. Conversion of
the housing preservation and replacement a dwelling unit to a hotel or motel room shall
ordinance shall also apply to proposals that not qualify for the exemption provided by this
result in the loss of fewer than three dwelling paragraph.
units which were legally registered residential B. Legally nonconforming dwelling units existing in
use as of July 1, 2002 for the purposes of zones which no longer permit residential uses.
creating surface parking. C. Property which has been ordered demolished
C. For the purposes of this section, loss of by the City, pursuant to 17 M.R.S. § 2851, et seq.,
dwelling units shall mean the elimination or as amended, except where it is determined by
conversion to nonresidential use of a dwelling CITY OF PORTLAND LAND USE CODE | 17-1 HOUSING

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