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. The Zoning Board of Appeals must make inclusion of affordable housing units in
positive findings on each of the four criteria development projects in certain contexts. In so
above in order for any such adjustment to be doing, this section will assist the city in meeting its
valid. An applicant aggrieved of a decision of comprehensive goals for affordable housing, in
the Zoning Board of Appeals may appeal a preventing the overcrowding and deterioration of
decision under this subsection pursuant to the the limited supply of affordable housing, and
provisions of Article 2. promote the health, safety, and welfare of its
citizens.
17.1.11 Effect of other City ordinances
A. Nothing in this section shall permit the 17.2.2 Affordable housing incentives
demolition or conversion to nonresidential use A. Eligible projects. Under this subsection,
of dwelling units in residential property eligible projects shall include any development
protected by Article 16, except as permitted by project:
that ordinance. 1. That is permissible under the provisions of
B. A conditional zone may not be used to this Land Use Code in the zone in which it
circumvent the application of this section. The is proposed.
terms of this section shall apply to any 2. That creates new dwelling units, among
conditional zone which involves dwelling units which is at least one low-income or
affected by this section. Notwithstanding the workforce housing unit for rent or sale,
foregoing, nothing herein shall be deemed to through new construction, substantial
prevent the City and the applicant from alteration of existing structures, adaptive
agreeing to terms which exceed those imposed reuse or conversion of a nonresidential use
by this section by means of a conditional zone. to residential use, or any combination of
these elements. Affordable housing units
17.1.12 Appeals for sale or rent may not differ in exterior
Any applicant aggrieved by a decision of the design from other units within an eligible
Planning Authority under this section may appeal to project.
the Zoning Board of Appeals within 30 days of that B. Reduction of fees. Notwithstanding any other
decision. provision of this Land Use Code or Chapter 6
to the contrary, development fees, including
17.2 AFFORDABLE HOUSING site plan review and inspection fees, subdivision
17.2.1 Purpose review and inspection fees, impact fees,
It is in the public interest to promote an adequate administrative fees, and construction and
supply of housing that is affordable to a range of permit fees as described in Chapter 6 of the
households at different income levels. Therefore, City of Portland Code of Ordinances, shall be
the purpose of this section is to offer incentives to reduced by the City for an eligible project in the
developers to include units of affordable housing manner described in Table 17-A. Development
within development projects and to require the 17-4 | CITY OF PORTLAND LAND USE CODE HOUSING

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