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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the Building Authority that the deterioration 17.1.6 Housing replacement requirements
was caused by neglect or lack of maintenance. A. The Planning Authority shall require, as a
D. Paragraph (A) above notwithstanding, the condition of approval, that an owner shall
conversion to a nonresidential use of any replace any dwelling units that are demolished
dwelling units located on the ground floor of a or converted to nonresidential use.
building within a mixed-use zone. B. This requirement may be satisfied in any one of
the following ways, which may be used in
17.1.4 Planning Authority approval required combination:
Notwithstanding any other provision of this section, 1. Construction of units. The construction of
a proposal to demolish or to convert three or more housing units within a new structure or a
dwelling units to a nonresidential use in a zone new addition either on site or off-site.
where such use is otherwise permitted must first 2. Residential conversion. The conversion of
obtain approval from the Planning Authority. In a nonresidential building to residential use.
addition to any other requirements of the Land Use
Code, the applicant must submit a statement 17.1.7 Replacement unit requirement
certifying the number of dwelling units to be In addition to the foregoing, all replacement units
demolished or converted to nonresidential use, as built pursuant to Subsection 17.1.6.B above shall:
well as a description of the characteristics of each A. Be located within the same United States
of those units. census block group as the parcel from which
the dwelling units are being removed or within
17.1.5 Tenant notification requirements 1,500 feet of the dwelling units being removed.
Prior to elimination as a result of demolition or B. Not previously have been on the market as of
conversion to nonresidential use, the owner shall: the date of application.
A. Provide the Planning Authority a list containing C. Be situated within a development which has not
the name of each tenant currently residing in been a candidate for site plan approval as of
the dwelling units to be demolished or the date of the application.
converted to nonresidential use, as well as D. Be comparable in size to the units replaced.
verification of compliance with tenant notice For the purpose of this section, “comparable in
requirements of this subsection. size” means that the aggregate size of the
B. Deliver to each tenant who occupies such a replacement units will be no less than 80% of
dwelling unit a written notice to vacate the unit. the size of the aggregate of the original units to
The notice shall either be sent by certified mail, be replaced and a similar bedroom mix.
return receipt requested, or served in-hand.
The notice will grant the tenant not less than 17.1.8 Contribution to the Housing Trust Fund
90 days from the date of receipt of the notice A. The applicant may meet the requirements of
to vacate the unit. this housing replacement ordinance by
C. File proof of service of the notice with the depositing $50,000 for each dwelling unit into
Planning Authority. the City’s Housing Trust Fund. 17-2 | CITY OF PORTLAND LAND USE CODE HOUSING

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