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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B. Beginning on January 1, 2004 and annually             City’s Housing Trust Fund if the applicant had
    thereafter, the amount of the contribution shall     chosen that option pursuant to Subsection 17.1.8.
    be adjusted by multiplying this amount               Such a performance guarantee shall be valid for no
    originally deposited for each unit by a fraction,    more than three years, after which the full amount
    the denominator of which shall be the                due shall be provided to the City’s Housing Trust
    “Consumer Price Index for Urban Wage Earners         Fund if replacement units satisfying the conditions
    and Clerical Workers (“CPI-W”),” U.S. City           of this housing replacement ordinance do not have
    Average, “All Items Index,” as published by the      certificates of occupancy.
    United States Bureau of Labor Statistics (“the
    index”) for January 1, 2003 year, and the            17.1.10 Partial waiver of replacement
    numerator of which shall be the index for the                 requirements
    same month in each subsequent year. In the           A. Any owner who has applied for site plan review
    event that the index is not then in existence,           for elimination or conversion to nonresidential
    the parties shall use such equivalent price index        use of dwelling units may apply to the Zoning
    as is published by any successor governmental            Board of Appeals for a partial waiver from the
    agency then in existence, or, if none, then by           housing replacement requirements of this
    such nongovernmental agency as may then be               section. Such waiver may be a downward
    publishing an equivalent price index, in lieu of         adjustment of up to 50% of the owner’s
    and adjusted to the index. If the index shall            housing replacement obligation if the owner
    cease to use 1982-84 equals 100 as the basis of          establishes to the board’s satisfaction that:
    calculation, or if a substantial change is made in       1.   The proposed development is consistent
    the terms or number of items contained in the                 with the Comprehensive Plan.
    index, the base index shall be adjusted to               2.   The proposed development provides
    conform to such change, using such                            significant value and benefit to the
    computation thereof, if available, as shall be                immediate and surrounding neighborhood,
    employed by the United States Department of                   including, but not limited to, community
    Labor in computing same. Notwithstanding                      enhancement, social benefits or job
    anything herein to the contrary, contributions                creation.
    made after January 1, 2004 shall not be less             3.   The applicant demonstrates with objective
    than the amount originally required to be                     evidence that the imposition of the
    deposited for each rooming or dwelling unit.                  requirements of this section would impose
                                                                  such an economic burden upon the
17.1.9 Performance guarantee                                      project relative to its scope that it renders
Owners or affiliates must post a performance                      the project impossible to develop.
guarantee in the form of a letter of credit, or other        4.   The requested relief does not constitute a
security acceptable to the City attorney, in the                  grant of a special privilege inconsistent
amount equivalent to the amount the applicant                     with the limitations upon similar
would have been required to contribute to the                     properties. CITY OF PORTLAND LAND USE CODE | 17-3 HOUSING
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